Pilot Court

BACKGROUND

The experiences of parents facing Protection and Care matters in the Children’s Court of Western Australia is poorly researched.  Anecdotally we know parents who do appear and participate in the legal process often experience heightened levels of anxiety and fear, do not necessarily understand the process, the language or the outcomes.

In a report titled, ‘No voice, no opinion, nothing’, Ross et ell spoke with parents in the Newcastle region of New South Wales, who described how the court experience was frightening, demeaning and dehumanising; suggesting commonalities in the way parents in other jurisdictions experience the court and child protection authorities. 

(Ross, N., Cocks, J., Johnston, L. & Stoker, L. 2017. ‘No voice, no opinion, nothing’: Parent experiences when children are removed and placed in care. Research Report. Newcastle, New South Wales: University of Newcastle.)

These experiences, with the addition of little or no legal representation, can lead parents to feel helpless which exacerbates their experience – at best they may participate in the process in a harmful or passive manner, or at worst remove themselves from the process completely, which ultimately may lead to lose of relationship with their children.

Many families involved in the court process are often characterised by

‘social disadvantage or vulnerability …   Such disadvantage is compounded by the absence of good legal representation in what can be an adversarial process’ (In Miller, 2015, p. 27), Queensland Child Protection Commission of Inquiry, Carmody (2013)

These experiences have been echoed in the most recent research, conducted by Teresa Hinton from the Social Action and Research Centre, Anglicare Tasmania July 2020, entitled: Rebalancing the Scales: Access to Justice for Parents in the Tasmanian Child Safety System

Hinton interviewed 36 parents, 24 lawyers, surveyed 43 lawyers and held focus groups with key stakeholders from across the state.  

The ‘pilot court’ is a welcomed opportunity to seek to redress the imbalance of power in the court process, to elevate parent’s voices, and the constructively and meaningfully participate in the court process.

PURPOSE

Fin WA has committed a professional advocate (social work trained) and peer worker (a parent with lived experienced, who has been trained) to be appointed to the ‘pilot court’. 

Generally, they will provide advocacy, information and support to families involved in protection and care matters.  Families will be Fin WA clients as well as referrals from the Legal Aid (LAWA) duty team, and direct referrals from the Magistrate of the ‘pilot court’.   As our presence becomes known referrals from other sources may be possible such as the ALSWA, WLSWA, Djinda etc.; staff will also be able to offer assistance to families who are not connected to other supports and are alone during the experience.

By providing the services of an advocate and peer worker, the hope is that families will remain more connected to the court process, engage in working effectively with the Department and ultimately maintain meaningful relationships with their children which may, or may not, lead to reunification.

Information Sheet for Parents →

 

REQUIRED PARTNERSHIPS

  • Fin WA – provision of expert advocacy and lived experience by peer worker
  • Legal Aid WA – for reciprocal client referral and support
  • Children’s Court WA – for endorsement and authorisation to work within the location of the Perth Children’s Court.

HOW will we advocate for parents at the Perth Children’s Court?

We will use a rights framework of participation and access to information, with a focus on client centred work.   The advocate will sit alongside the parent in the court process, and where needed may speak on behalf of the client.  The peer worker will also sit in the court providing emotional support. 

The Fin WA advocacy model is to work relationally and with respectful inclusion, therefore work is only conducted with consent and direction of the client. 

Most work will be conducted at the court, however some attendance at Departmental meetings maybe required. 

Advocates will specifically:

  • Talk with families and understand their current and immediate needs
  • Broker conversations between families and the Department of Communities (DoC) workers – negotiating meeting and contact arrangements, or other issues that need to be addressed (non-legal)

*where there is an identified need, follow up with the department workers regarding agreed actions will occur, or attendance at Department meetings such as Signs of Safety or Care Plans

  • Assist families to talk with their legal representatives effectively and to seek clarity of information (for both parties)
  • Provide information about the children’s court process and department policy and practice; decipher language
  • Provide appropriate referrals
  • Support families to apply for grants of legal aid.

Peer worker will specifically:

  • Provide emotional support (containment) – being alongside, listen to, talk with
  • Help parents understand the outcomes
  • Encourage parents to remain connected to the process and focus on addressing concerns
  • Sit in the court room and provide debrief and support immediately after a mention or hearing
  • Provide helpful tips
  • Make contact with parents in between court appearances, providing support and encouragement.

LOGISTICS

  • Fin WA works relationally, therefore advocates’ work will be conversation based – talking / meeting with families in the Children’s Court waiting areas is where the majority of work will occur; the space where everyone (department workers, parents, families, all legal representatives) congregates waiting for their case to be heard by the magistrate
  • Advocate and peer will be based at the Fin WA office for administration and follow up tasks
  • Work will be supervised by the senior advocate at Fin WA
  • Advocates are professionally qualified
  • Peer will have been screened, trained and assessed by Fin WA
  • Peer will have lived experience of child removal and placement into out of home care (or with family or community). Personal change will have occurred to address concerns that led to child safety concerns
  • Training that peer worker will have undertaken include: impact of trauma, Aboriginal history, communication, intentional disclosure, working within professional boundaries, self-care and much more
  • Peer worker will be supervised in the Children’s Court by the advocate and will receive regular supervision and ongoing training.
  • For complex cases requiring ongoing advocacy (due to policy or practice issues), referral to Fin WA may be required.

*Working relationally means privileging the worker – client relationship; the work is in establishing connection, rapport and trust to allow effective work to occur. 

EVALUATION

  • A record of the families provided a service from the advocate, and or, peer will be tracked. Details to be determined, but would include:
    1. Data of the parent i.e. district, legal representation (LR), LR present at hearing
    2. The point in court proceedings at which a service was provided
    3. What we provided i.e. information, referrals, support; time taken
    4. Number of parent’s service provided to
    5. Feedback from parent re service provided i.e. surveys (logistics and uptake of this may be problematic V asking, ‘has this been helpful?’ V evidence of helpfulness (gratitude expressed)
    6. Feedback from other stakeholders i.e. lawyers, judiciary, support services.

FURTHER INFORMATION

  1. The Family Inclusion Strategies in the Hunter (FISH), NSW are piloting a project whereby two peer workers are based at the Broadmeadow Children’s Court, Newcastle, providing an information stand for parents involved protection and care proceedings.

There is an evaluation being conducted by the University of Newcastle.  The pilot is expected to finish October 2020.

There is an advisory board on which a magistrate sits alongside peers, academics and other stakeholders.  The link below is the brochure on the FISH website:

https://finclusionh.org/the-project/

  1. Further to this, a report by FISH:

‘No voice, no opinion, nothing’: Parent experiences when children are removed and placed in care, by Dr Nicola Russ et al

https://www.lwb.org.au/assets/Parent-perspectives-OOHC-Final-Report-Feb-2017.pdf

  1. ‘Therapeutic jurisprudence and the Children’s Court creating a more relational approach to protection and care proceedings’ by Alana Thompson

https://research-repository.uwa.edu.au/en/publications/therapeutic-jurisprudence-and-the-childrens-court-creating-a-more

  1. ‘Rebalancing the Scales: Access to Justice for Parents in the Tasmanian Child Safety System’ July 2020 by Teresa Hinton Social Action and Research Centre, Anglicare Tasmania
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