Part I
Parents on trial
There are now a growing number of people who require the approval of others to be allowed to become, or to remain, parents. Over the past century, the state has been drawn increasingly, but somewhat reluctantly, into family life, driven by the publicâs conscience to protect childrenâs right to minimum care but also by the economic expediency of trying to prevent delinquency, crime and adult ill health. As more children become the responsibility of the state, a body of welfare professionals has developedâ notably doctors, social workers, health visitors, child psychiatrists and court welfare officers. These act as a buffer zone between the state and the family, carrying out family intervention under the stateâs legal and political guidance, but largely defining their own guidelines.
One of their key roles has become that of assessing families, in particular whether certain adults are able to provide the right sort of parenting to their existing children or to children in the future. In Part I, I will examine the four key situations in which the assessment of parents takes place: child protection, adoption, childcare after the break-up of the parental relationship, and the provision of treatment for medically assisted reproduction. These four areas may be likened to the four facets of a pyramid-like edifice, constructed piecemeal by the state to regulate parenthood, at least to the extent of protecting some children. I would like to examine the exposed faces of this pyramid but also try and uncover any common ideological base on which it rests. Thus in each of these four âpracticalâ areas, I will examine who carries out the assessment of parents, what criteria they use and what they tell us about the expectations of all parents. The aim is to see how much consensus exists about who is fit to be a parent and to see how consistently and effectively the assessment processes safeguard the interests of childrenâand their parents.
1
The state versus parents
Children into care
The British media recently reported the case of a reclusive mother and son who were found living in a squalid house in suburbia, surrounded by neglected and dying pets. The 11 year old boy was described as never having attended school and as having no contact with other children, but
(Margaret Driscoll, Sunday Times 1/12/91)
The media also pursued the question of who was to blame for not intervening to save the boy from his circumstances.
(Margaret Driscoll, Sunday Times 1/12/91)
The media reports focused on the boy as a victim of his motherâs irrational behaviour, describing him as a captive in their relationship. An independent social worker summed up her initial assessment of the boy thus:
At the time of writing this chapter, the mother and son were âbeing kept under observation at a special unit while social workers gently try to prise apart the roots of their mutual dependencyâ.
The way the story was reported highlights some of the expectations western society currently has of normal parents and the normal childhood to which all children should be entitledâparents should adequately nourish and physically care for their children, they should send them to school, the children should mix and play with children of their own age and have non-intense relationships with sociable parents who conform to societyâs standards of normal behaviour. The reports also highlight the role of the âcommunityâ, e.g. neighbours, teachers and social workers, in monitoring parents so that âunfitâ parenting can be identified and dealt with in order to protect children. It assumes they have the knowledge and skills to do so.
This monitoring of parents is notoriously haphazard and this is what I would like to examine in this chapter. The stateâs role in protecting children reveals the most about the minimum standards that âfitâ parents are expected to meet. The assessment of children at risk in their own families is concerned with identifying whether the parents are good enough to keep their children. So the question is: At what point do good enough parents cease to be good enough? The answer seems to be: at the point when their fitness to parent is called into question, observations made and criteria applied to see whether they pass the parenting test, and then a decision is taken as to whether they can retain possession of their childrenâor whether the children should be âtaken into careâ (the very phrase emphasises the notion that parents have been care-less towards their children to have reached this point).
What criteria are applied in assessing whether parents are fit to care for their own children? Are these criteria based on widely accepted knowledge? Are they applied consistently and fairly? Are parents aware of how they are being assessed? Are they offered appropriate resources to improve their abilities to be fit parents? How much freedom should the state have to come between parents and their children? What are the underlying philosophies that are being represented when professionals intervene?
These are all questions which have not been openly explored or debated in the public arena. The result has been that society makes ill-considered demands on those professionals at the sharp end of policy implementation. Perhaps even more significant, we may not be giving all children an equal opportunity to be helped when their own families are unable or unwilling to care for them. For professionals to be seen to be getting the balance right, there needs to be a clearer consensus from society at large about what defines adequate parenting and what justifies state intervention.
To understand the stateâs current attitudes to who is fit to be a parent we need to begin by looking back into the brief history of state intervention into family life.
A HISTORY OF CHILD PROTECTION BY THE STATE
Children embody all that is pure, innocent and hopeful in our society. Whether or not we are parents, when this is corrupted it undermines all that gives stability, meaning and purpose to our own adult lives. It offends our sense of what is right and just. Modern society is easily horrified by the extremes of physical and sexual abuse of young children, particularly when it is inflicted by parents. Yet society has conflicting expectations of the professionals that intervene. The almost daily reports of battered children whom the social workers could not protect focus on the plight of the vulnerable young suffering at the hands of hapless dregs of adult society, because the social workers have been too optimistic about their parentsâ natural love.
In contrast, the British media coverage of the social workersâ responses to the alleged sexual abuse of children in Cleveland, Rochdale and the Orkneys in recent years focused almost exclusively on the plight of the parents and the horror of having children removed. Public sympathy see-saws between parents and children with little consistency because there exists an underlying conflict of social philosophies about whether children are the property of their parents or whether they are individuals with rights.
Freedom of the individual is paramount, and that extends to bringing up children as that individual wishes. This is endorsed by the European Bill of Human Rights, Clause 8:
1 Everyone has the right to respect for his private and family life, his home and his correspondence.
2 There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health and morals, or for the protection of the rights and freedoms of others.
The state should protect those who are vulnerable. Children cannot determine and safeguard their own interests, and since the young are the builders of future society we all share a responsibility to protect them.
All too often it becomes a case of parents versus children. In the past there was no doubt whom the state backed: children were regarded as the property of the father. The father was even entitled to compensation for loss of the childâs earnings if the child died in the hands of his employer or foster parents.
Even the principle that parents are responsible for every child born to them is a relatively recent one. As John Boswell described in his book The Kindness of Strangers, the abandonment of children was a common and acceptable feature of life over most of western history. For example, in his discussion of the widespread practice of abandonment in Roman times he writes:
(Boswell 1991)
The only reason children came into the public arena in the past was because they were abandoned, usually as a method of family planning (for reasons of poverty or desire to maximise the inheritance for a few offspring).
(Boswell 1991)
There was no suggestion of the state intervening to remove children from their parents for the welfare of the children themselves, but none the less, Boswell argues, the children did better than when, 1,500 years later, the state,
(Boswell 1991)
This was the fate of unwanted infants. The move away from agricultural communities to urban isolation and poverty considerably increased the problem of child exploitation and of child destitution and it was these abandoned children who prompted philanthropic individuals and church groups to set up schemes providing such children with homes where they could be corrected by strict moral guidance and vocational training. There was a strongly moralistic line pursued against those parents who allowed their children to become destitute, as poverty and criminality were still seen by many as self-inflictedâa sign of weakness of character and poor stock.
But what of the children who were inadequately cared for by parents who had chosen to keep them? It seems that the beginning of state intervention into family life did not occur until the mid-nineteenth century when individual philanthropists revealed the horrors to which children were subjected in factories and workhouses. Pressure from individuals and voluntary groups led to laws making it illegal for children to work more than a certain number of hours and required them to receive a certain amount of schooling. That the prospect of such laws met with considerable opposition at the time reflects the economic importance of children to parents and to the state (as cheap labour for the factories and mines) but also the strong belief in parentsâ ownership of their children. This was further emphasised by the acknowledgements of many reformers of the need to protect the sanctity of the family.
In a quotation that has chillingly taken on new significance in the light of modern stories of nannies abusing children of working mothers, Ruth Inglis writes:
(Inglis 1978)
This reluctance to interfere with the authority of parents was an indication of how irrelevant the notion of childrenâs rights was at the time. Much of the initial support for children had been driven by the desire to wipe out destitution, but in the last three decades of the nineteenth century there appears to have been a distinct shift towards considering children as individuals with some rights in terms other than simply preventing them from turning to crime or prostitution.
The media played a role ev...