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Office of the Guardian for Children and Young People

Four major concerns for children in care and custody

3 May 2016

One of the Guardian’s Office’s functions is to advocate for children and young people in state care and youth justice detention whose issues are not adequately represented elsewhere. Four issues have consistently dominated requests to the Office for advocacy. They are:

  • unsatisfactory placement
  • lack of participation in decision-making
  • being or feeling unsafe
  • lack of contact with significant others

From 1 July 2012 to 31 March 2016, in 578 enquiries concerning 659 young people in care and detention, these four issues have consistently presented as the prime reasons for seeking the Office’s assistance.(1)[spacer height=”20px”]

Unsatisfactory placement

Children consistently express preference for a small, home-like environment, if not a family then something that is on the scale of a domestic dwelling with a small number of residents and a long-term stable group of carers. Getting along with fellow house members, being included and feeling comfortable and secure seem of most concern.[spacer height=”20px”]

Lack of participation in decision making

‘Not listening to me’ is a frequent refrain when children and young people seek advocacy. It is often linked to a substantive issue.  But the failure of adults to appear to actively listen and try to understand and then to explain what they will do and keep the child or young person informed sometimes seems even more important to the child or young person than the original issue.[spacer height=”20px”]

Being or feeling unsafe

Bullying and actual physical violence means that a child or young person is actually unsafe. Children and young persons also report feeling unsafe where there is consistent acrimony and aggressive behaviour, violence and physical restraint going on around them even if they are not directly involved.[spacer height=”20px”]

Lack of contact with significant others

Failure by adults to support regular contact with siblings, by birth and sometimes those with whom they have lived, with birth family and extended family and even with ex-carers is a regular cause of concern for young people.  In some cases safety or exceptional practical difficulties are the main cause but often, with advocacy, contact can be increased and regularised by planning and consistent effort by families, workers and carers.[spacer height=”20px”]

(1) The data on which this is based records requests from two populations, those in state care (approximately 3000) and those in youth justice detention (approximately 50). A small number of young people are in both populations. The Office’s monitoring activity in residential care houses and the Adelaide Youth Training Centre mean that those residents are more familiar with our Advocates and so more likely to request advocacy.  In a very small number of instances, the Advocates have themselves initiated advocacy in the child’s best interests and these are in the data from which we draw the conclusions. In some requests for advocacy multiple issues are present. Those have been categorised by the prime presenting issue only.

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