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Using Research Evidence &
Evidence in Social Work Practice
CLAUDIA MEGELE
HEAD OF SERVICE FOR QUALITY ASSURANCE & PSW
My Practice
Are you an evidence-based practitioner or evidenced –
informed practitioner? What's the difference?
Do you use research evidence in practice? For example in
assessments (Sec.47 investigation) and court reports etc.?
Why would you, or should you, include research evidence in
your practice?
Intention to include
Research in Practice
Participants: n= 336 nurses working in a university hospital
Findings: Nurses’ intention to integrate research findings into clinical decision-making can be predicted
by moral norm, normative beliefs, perceived behavioural control and past behaviour. The moral norm is
the most important predictor. Overall, the final model explains 70% of the variance in nurses’ intention.
Conclusions: Use of an extended psychosocial theory for identifying the determinants of nurses’
intention to integrate research evidence into their clinical decision-making.
(Cote et al., 2012)
1. Increasing practitioners’ perceptions that using research is their responsibility for ensuring good
practice and effective interventions;
1. A supportive environment could promote an evidence-based practice.
Stages & Factors influencing use of
Evidence in Practice
The Standard Interview for Evidence Use (SIEU) is a simple approach that offers a
measure to assess the level of engagement in acquiring, evaluating, and applying
research evidence in health and social service settings.
This approach considers three stages in use of research evidence in practice:
1. Input: Acquisition of research evidence
2. Process: Evaluation of research evidence
3. Output: Application of research evidence
Stages and Factors influencing use of
Evidence in Practice
Honig and Coburn (2008) emphasize:
1. process (i.e. searching for evidence and incorporating or not incorporating it in
decision making); and
2. predictors (features of the evidence, working knowledge, social capital,
organization, normative influence, political dynamics, and policies) of evidence
use.
Stages and Factors influencing use of
Evidence in Practice
Davies (2007) identify four predictors of evidence use as an outcome namely:
1. the nature of the research to be applied,
How relevant is the research; is it robust and reliable; is it accessible and
understandable by practitioners and service users; etc.
2. the personal characteristics of both researchers and potential research users,
How does the practitioner and his/her audience relate to research evidence?
3. the links between research and its users, and
Is there a connection between the research and its users?
4. the context for the use of research
dissertation, a child and family assessment, a court report, a S47 investigation, etc.
Using research evidence in social work
practice
Social workers are required to draw on
research in the course of their practice.
Requirement of registration with HCPC
that social workers meet SOP, which
include the ability to use research
evidence to inform practice (Health and
Care Professions Council, 2017).
The requirement to use research in
practice is woven into the PCF for social
workers in England & the National
Occupational Standards for Social Work in
Wales, Northern Ireland and Scotland.
Social workers are required to draw on
many other sources of knowledge in
addition to research
HCPC: Standards of Proficiency (2017)
Engage in Evidence-
Informed Practice
Be able to engage in evidence-
informed practice, evaluate
practice systematically and
participate in audit procedures
(HCPC 12.3);
Use knowledge to make
recommendations
Be able to gather, analyse,
critically evaluate and use
information and knowledge to
make recommendations or
modify their practice (HCPC 14.1);
Value of research for
analysis
Recognise the value of research
and analysis and be able to
evaluate such evidence to inform
their own practice (HCPC 14.6).
Range of research
Be aware of a range of research
methodologies (HCPC 14.5);
Professional Capabilities Framework
Social workers must be able to:
Demonstrate a comprehensive understanding and use of
knowledge related to the area of their practice, including
critical awareness of current issues and new evidence-
based practice research;
Recognise the contribution, and begin to make use, of
research to inform practice;
Demonstrate a critical understanding of research methods.
Examples are drawn from the knowledge domain of the social worker
level of the Professional Capabilities Framework (College of Social Work,
2018).
Knowledge and Skills
Statement (KSS)
Knowledge and Skills Statement (KSS) for child
and family practitioners says they should “make
use of the best evidence from research to…
support families and protect children”.
Evidence Base for Social Work is
challenged & questioned
The evidence base for the profession has long been questioned and challenged, including debates about what actually constitutes
evidence. The Social Care Institute for Excellence (Scie) has even developed guidance for assessing the quality of different sources of
knowledge.
Scie (2003) outlines 5 Types of knowledge
The review team concluded that when conducting a systematic review in social care the following five sources of knowledge should be
used:
organisations
practitioners
the policy community, that is, knowledge gained from the wider policy context
research, gathered systematically with a planned design
service users and carers.
Source: https://www.scie.org.uk/publications/knowledgereviews/kr03.asp
Defining key concepts
Evidence-based Practice
Evidence-based practice proposes a particular deterministic
version of rationality which is incompatible with the
complexity of lived experience and the complexity of social
work practice.
Evidence-informed Practice
This involves a reflective and reflexive evaluation and
application of evidence in practice.
Evidence informed practice recognises that cognitive and
heuristic processes are the basis for complex decision
making and therefore, is more helpful and compatible with
social work practice.
Evidence Informed Practice
“… it involves using the best evidence you have about the most effective
care of individuals, using it with the person’s best interests in mind, to the
best of your ability and in such a way that it is clear to others that you
are doing it.” Lindsay, B (2007)
The medical model Vs. social model and associated methodology for
evaluating evidence highlights that evidence varies based on profession.
Social issues are more difficult to define for example assessing whether a
child is being emotionally abused Vs. diagnosing chickenpox.
Social workers work in situations in which psychosocial and biological
factors interact in complex ways.
Evidence is….
Evidence is used to prove or disprove something, or to discover the truth.
(Hypothesis Testing);
Court proceedings to help establish the facts in a case. (Fact Finding);
Evidence is tested under cross-examination;
Evidence provided by professionals – has different weight - for e.g. data
scientists – is seen as more reliable than eye witnesses or someone
personally involved in the case.
Reliable evidence is objective, scientific and independent BUT evidence is
rarely 100 per cent reliable and there are notable cases where it has
subsequently been found to be flawed.
Family courts, mental health tribunals or other civil proceedings involving
social workers, evidence is used to support the argument of a practitioner to
help them achieve the outcome they are seeking.
Source: (Davis, 2015)
Evidence is…..
Evidence is gathered about the case from the individual or
family concerned, other professionals working with them or
from previous case notes.
Relevant research is introduced as evidence to inform the
court’s decision-making. Social workers’ evidence is tested by
those adjudicating the court case, so it needs to be as robust
and reliable as possible to ensure it can withstand scrutiny.
Source: (Davis, 2015)
Sexual Abuse: Crime & Care
“Amy, aged eight, says her stepfather Barry sexually assaulted her. Police and social
workers investigate, making a video recorded interview conducted under ABE guidelines.
Professionals agree that Amy’s disclosure is clear. Barry is arrested, charged with sexual
assault and taken before the criminal court. Amy’s mother, Carrie, refuses to believe the
allegations and supports her husband.
The local authority takes care proceedings to remove Amy from home. Two separate
court cases are underway. The Criminal Court focuses on Barry and the alleged offence;
the Family Court focuses on Amy’s welfare, looking at her whole circumstances, not just
the issue of sexual abuse. In the criminal case, Amy has to go to court to be cross –
examined, albeit via live TV link. In the care proceedings, professionals give Amy’s
evidence for her, and she is extremely unlikely to go to court to give evidence herself.
In the event, the evidence against Barry is not strong enough to sustain a conviction for
sexual assault and he is acquitted of criminal charges. However, in the care proceedings
the judge makes a finding that Barry did sexually abuse Amy and makes a care order. “
Source Davis (2015, p. 25)
Out of Control: Care and Crime
“Donna is 14 and out of control. She truants from school, takes drugs,
drinks to excess and is promiscuous. She steals to finance her drug habit.
Donna is arrested, charged and prosecuted in the Youth Court for theft.
She is also subject to care proceedings as she is suffering significant harm
because of her own behaviour and is beyond parental control.
Both cases centre on Donna, but the criminal case concerns only her
alleged criminal offences – the underlying causes and her other problems
only become relevant if she is convicted and the court has to consider
what sentence to impose. In contrast, the whole focus of the care
proceedings is on whether Donna is suffering significant haram, and her
welfare is the court’s paramount consideration. In the Youth Court,
Donna is the object of censure; in the Family Court she is the subject of
concern.”
Source Davis (2015, p. 26)
Vulnerable Victims
“Fred is well-known to the police and social workers. They
strongly suspect that he is paedophile but they have
insufficient proof. They suspect that Fred cynically chooses his
victims carefully, selecting children who are for one reason or
another unlikely to be able to give credible evidence (for
example, they are too young, or are disabled children with
communication or cognitive difficulties). When challenged,
Fred denies everything and tells authorities to ‘prove it’. Social
workers may be able to protect children who may be in
danger from Fred (for example, if the moves into their home)
but with inadequate evidence, police cannot prosecute.”
Source Davis (2015, p. 27)
Types of Evidence
Factual Evidence: ‘I attend the meeting on 14 Sep. 2018 and this happened’; ‘I withdrew cash from on the 20
Dec. and this is verified by this bank statement’; ‘what I did’ and ‘what I saw’ etc.
Real & Documentary Evidence: A Body Map; Photographs; Diagrams or Graphs, Video Recording etc.
Hearsay Evidence: ‘The health visitor told me that the home had nappies in the kitchen sink and baby was
crawling around…. ’
Opinion Evidence: ‘In my professional opinion…’
Research: evidence informed practice with accurate research sources. Understand the research & research
shouldn’t be contested by other researchers. Ensure you discuss the research with your legal department.
When using research in court
statements:
1. Have you used research or theory in your work with the child? If not, it is no good producing
it just for court – as it will read as an add on and you may have difficulty during cross-
examination.
2. How does the research or theory relate to this child and this family – generalisation do not
assist the court.
3. Do you need the research in order to justify a technical or usual point?
4. If you need to use research – ensure it is authoritative, generally accepted and up to date.
5. One problem with whatever research you cite, someone else will find a study supporting the
opposite proposition that ‘someone else’ is likely to be the parent’s barrister or solicitor.
6. Other parties can ask for a copy of anything you rely on so ensure you are able to provide
the evidence as needed to the courts.
7. Avoid generalisations such as ‘We know from research….’ such statements are not accepted.
Misuse of Attachment Theory (1)
Judge Mostyn criticised a local authority for the misuse of
attachment theory and ruled the evidence as not admissible.
Judge Mostyn, said the council and foster carers for an eight-
year-old boy made “generalised criticism” of mother’s parenting.
“Indeed, it was very hard to pin down within the swathes of text
what exactly was being said against the mother,” Mostyn said.
The judge criticised the attempted use of attachment theory by
an independent social worker. The social worker tired to use
attachment theory as the basis for her rationale for the child to
remain with foster carers rather than returning home to mother.
Misuse of
Attachment
Theory (2)
Mostyn said for expert evidence to be admissible in civil
proceedings it must be:
Contained within a recognised body of expertise governed by
recognised standards and rules of conduct relevant to the question
which the Court has to decide; and
Of such a nature that a person without instruction or experience in
the area of knowledge or human experience would not be able to
form a sound judgment on the matter without the assistance of a
witness possessing special knowledge or experience in the area.
Case Study
What are some of the key factors you would want to explore?
Source: (Brown, Moore and Turney, 2012:39)
Danny spend the early years of his life in Ireland with his grandmother and
joined his family aged 9 in the UK. Family relationships have been tense
since Danny moved to the UK and the situation reached crisis point when
a week ago he was caught shoplifting and his father refused to have him
home. His grandfather has been abusive. He has been accommodated
under Section 20 by Family and Children Services. Father fears that he
may hit Danny again when he returns home.
Further Information
When Danny was in year 6
his parents hit him with a
belt this was confirmed.
He was on a child
protection plan for a year.
Key Factors To Consider:
Danny’s father has hit him
in the past and thinks he
will hit him again
Danny’s father was not
around when he was
younger how has this
impacted upon their
relationship?
His father feels ashamed
that he cannot manage
Danny’s behaviour. Source: (Brown, Moore and Turney, 2012)
Key Factors Identified – How can research
support my practice approach and analysis?
Danny separated
from his mother at
18 months
Possible abuse by
step grandfather
Death of
grandmother
Uprooted from
familiar
surroundings and
Ireland
Loss of grandmother
and poor attachment
lead to poor
behaviour
Father’s inability to
manage and
understand Danny’s
behaviour
Escalating behaviour
which leads to crime
and violence
Reaction to new
accommodation
Foster Carers
attitude towards the
parents
Lack of knowledge
about what role
father played in
Danny’s Care
Source: (Brown, Moore and Turney, 2012: 40)
What does research tell me in terms of how
father’s behaviour would impact upon Danny?
“Harsh and erratic discipline has been linked with youth offending (Leech, 2008). In Danny’s case he
has experienced physical punishment from his father and potentially his step grandfather. Danny
needs support in understanding how his experiences in Ireland might be affecting his current
behaviour. At the same time Mr. Allen (father) needs to understand how his treatment of Danny could
be impacting on his behaviour.”
“Children benefit from having a positive attachment to at least one primary care giver who can
provide support and unconditional love that allows them develop the needed relationship skills as
they grow older (Bowlby, 1969). Danny was separated from his mother at 18 months because she
could no longer safely care for him due to misusing substances and this resulted in Danny staying with
his paternal grandmother in Ireland. However, Danny’s grandmother died when he was 9 years old
and this resulted in him staying with his father. Therefore, these early childhood experiences of
disruption could be impacting upon Danny’s current relationships.”
Source: (Brown, Moore and Turney, 2012: 41)
Reflection
How does research findings help me
understand what is going on here?
Does it support my hypothesis or open up
further avenues for exploration?
Research cannot tell the practitioner what
to do but it support exploration.
Testing Hypothesis
Testing hypothesis reviewing
competing theories about
children and families
Discussing with children and
families about which
interpretations make sense
to them
Use to co-produce support
plans for families and
children
If new information comes in
and outcomes have not
been achieved plans need to
be re-forumlated, revisited,
retested, re-viewed
Rarely a ‘right answer’ this
combined with complexity
and uncertainty means that
testing best solutions is
essential
Case Study
Jenny (20 years old) recently had her first baby (Lulu) with her partner Jack
(19 years old).
Jenny was in care from the age of 14 to 18 before moving in with her
grandmother and now lives in a flat on her own. Jenny was placed in care as
there were allegations that her father sexually assaulted her but he was
never convicted of the assault/crime.
There are frequent calls to the police due to shouting and loud noises in the
home. Neighbours report that there are adult men frequenting the home at
all hours.
Jenny said she has always wanted to be a mum but feels under pressure
when Lulu cries and she didn’t think it was going to be this hard. Lulu is 2
years old and still wears diapers and doesn’t talk.
When you visit the home Lulu sits on your lap and gives you lots of hugs
and kisses. Lulu had dirt under her finger nails and her cloths smelt of
cigarettes.
Key Factors to
Consider
1. Child Develop theories
2. Domestic Abuse theories
3. Relationship with mother
4. Mother’s relationship with her mother
5. Jenny’s experiences of care
6. Father is absent
7. Focus is on mother and voice of the child is missing
8. History of child sexual abuse
9. Risk of CSE
10. Risk of CCE
Social Media
the Changing
Practice
Landscape
Networked publics support many of the same practices as
unmediated publics, but their structural differences affect
practice in unique ways.
Four properties of online and social media evidence are:
o Persistence:
o Searchability
o Replicability
o Scalability
These are influenced by: the invisibility of audiences and the
effect of the imagined audience;
Collapsing of boundaries (private and public, personal and
professional, boundaries between self and others.);
Digital convergence and the merging of context and content;
Source: (Boyd, 2010)
Social Media and Evidence
Cafcass expects the same standards of professionalism for any online communication exchanges with service users or professionals as for those used
for face-to-face. The following sets out Cafcass’ position on the use of social media in practice. It is mostly applicable to private law proceedings, as
the local authority is the lead agency in public law proceedings.
Staff will not actively seek out information that is posted on social media by service users, or by their associates such as friends or relatives (this is
sometimes referred to as a ‘fishing expedition’). However, during the course of proceedings practitioners may be made aware of content posted online
that may have a bearing on the matter before the court and the work that Cafcass has been asked to carry out.
Other factors to consider when using social media as evidence include:
1. Source,
2. Information trail and how a piece information is accessed or used,
3. Context,
4. Purpose,
5. Authenticity and reliability,
6. Admissibility of information.
Source: (Megele, C. 2018, 2019)
References:
oBoyd, d. 2010. “Social network sites as networked publics: Affordances, dynamics, and implications.”. In A networked self: Identity, community, and culture on
social network sites Edited by: Papacharissi, Z. 39–58. New York: Routledge.
oBrown, Moore and Turney. (2012) Analysis and Critical Thinking in Assessment. Research in Practice.
oCotes, F., Gagnon, J., Houme, Abdelielil & Gagnon (2012) Using the Theory of Planned Behaviour to predict nurses’ intention to integrate research evidence into
clinical decision‐making. In Journal of Midwifery and Women’s Health. 68 (10), 2289–2298.
oDavis (2015) See You In Court (Second Edition). Jessica Kingsley. London.
oHonig and Coburn (2008) Evidence-Based Decision Making in School District Central Offices. Toward a Policy and Research Agenda. In Journal of Educational
Policy. Vol 22, Issue 4, 2008
oLindsay, B. (2007) Understanding research and evidence-based practice. Exeter: Reflect Press
o Megele, C. (2019) Social Media and Social Work: Implications and Opportunities for Practice. Policy Press.
oMegele, C. (2018A) Should social workers view the social media of service users? Community Care Podcast. https://www.listennotes.com/podcasts/learn-on-the-
go-a/should-social-workers-view-53SmVdPW9CJ/ (Accessed on 15.12.2018)
oMegele, C. (2018B) Social media, digital professionalism and Continuous Professional Development. Research in Practice.
oPawson, R., Boaz, A., Grayson, L., Long, A., & Barnes, C (2003) SCIE Knowledge Review: Types and Quality of knowledge in social care.
https://www.scie.org.uk/publications/knowledgereviews/kr03.asp (Accessed on 15.12.2018)

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Using Research Evidence & Evidence in Social Work Practice.

  • 1. Using Research Evidence & Evidence in Social Work Practice CLAUDIA MEGELE HEAD OF SERVICE FOR QUALITY ASSURANCE & PSW
  • 2. My Practice Are you an evidence-based practitioner or evidenced – informed practitioner? What's the difference? Do you use research evidence in practice? For example in assessments (Sec.47 investigation) and court reports etc.? Why would you, or should you, include research evidence in your practice?
  • 3. Intention to include Research in Practice Participants: n= 336 nurses working in a university hospital Findings: Nurses’ intention to integrate research findings into clinical decision-making can be predicted by moral norm, normative beliefs, perceived behavioural control and past behaviour. The moral norm is the most important predictor. Overall, the final model explains 70% of the variance in nurses’ intention. Conclusions: Use of an extended psychosocial theory for identifying the determinants of nurses’ intention to integrate research evidence into their clinical decision-making. (Cote et al., 2012) 1. Increasing practitioners’ perceptions that using research is their responsibility for ensuring good practice and effective interventions; 1. A supportive environment could promote an evidence-based practice.
  • 4. Stages & Factors influencing use of Evidence in Practice The Standard Interview for Evidence Use (SIEU) is a simple approach that offers a measure to assess the level of engagement in acquiring, evaluating, and applying research evidence in health and social service settings. This approach considers three stages in use of research evidence in practice: 1. Input: Acquisition of research evidence 2. Process: Evaluation of research evidence 3. Output: Application of research evidence
  • 5. Stages and Factors influencing use of Evidence in Practice Honig and Coburn (2008) emphasize: 1. process (i.e. searching for evidence and incorporating or not incorporating it in decision making); and 2. predictors (features of the evidence, working knowledge, social capital, organization, normative influence, political dynamics, and policies) of evidence use.
  • 6. Stages and Factors influencing use of Evidence in Practice Davies (2007) identify four predictors of evidence use as an outcome namely: 1. the nature of the research to be applied, How relevant is the research; is it robust and reliable; is it accessible and understandable by practitioners and service users; etc. 2. the personal characteristics of both researchers and potential research users, How does the practitioner and his/her audience relate to research evidence? 3. the links between research and its users, and Is there a connection between the research and its users? 4. the context for the use of research dissertation, a child and family assessment, a court report, a S47 investigation, etc.
  • 7. Using research evidence in social work practice Social workers are required to draw on research in the course of their practice. Requirement of registration with HCPC that social workers meet SOP, which include the ability to use research evidence to inform practice (Health and Care Professions Council, 2017). The requirement to use research in practice is woven into the PCF for social workers in England & the National Occupational Standards for Social Work in Wales, Northern Ireland and Scotland. Social workers are required to draw on many other sources of knowledge in addition to research
  • 8. HCPC: Standards of Proficiency (2017) Engage in Evidence- Informed Practice Be able to engage in evidence- informed practice, evaluate practice systematically and participate in audit procedures (HCPC 12.3); Use knowledge to make recommendations Be able to gather, analyse, critically evaluate and use information and knowledge to make recommendations or modify their practice (HCPC 14.1); Value of research for analysis Recognise the value of research and analysis and be able to evaluate such evidence to inform their own practice (HCPC 14.6). Range of research Be aware of a range of research methodologies (HCPC 14.5);
  • 9. Professional Capabilities Framework Social workers must be able to: Demonstrate a comprehensive understanding and use of knowledge related to the area of their practice, including critical awareness of current issues and new evidence- based practice research; Recognise the contribution, and begin to make use, of research to inform practice; Demonstrate a critical understanding of research methods. Examples are drawn from the knowledge domain of the social worker level of the Professional Capabilities Framework (College of Social Work, 2018).
  • 10. Knowledge and Skills Statement (KSS) Knowledge and Skills Statement (KSS) for child and family practitioners says they should “make use of the best evidence from research to… support families and protect children”.
  • 11. Evidence Base for Social Work is challenged & questioned The evidence base for the profession has long been questioned and challenged, including debates about what actually constitutes evidence. The Social Care Institute for Excellence (Scie) has even developed guidance for assessing the quality of different sources of knowledge. Scie (2003) outlines 5 Types of knowledge The review team concluded that when conducting a systematic review in social care the following five sources of knowledge should be used: organisations practitioners the policy community, that is, knowledge gained from the wider policy context research, gathered systematically with a planned design service users and carers. Source: https://www.scie.org.uk/publications/knowledgereviews/kr03.asp
  • 12. Defining key concepts Evidence-based Practice Evidence-based practice proposes a particular deterministic version of rationality which is incompatible with the complexity of lived experience and the complexity of social work practice. Evidence-informed Practice This involves a reflective and reflexive evaluation and application of evidence in practice. Evidence informed practice recognises that cognitive and heuristic processes are the basis for complex decision making and therefore, is more helpful and compatible with social work practice.
  • 13. Evidence Informed Practice “… it involves using the best evidence you have about the most effective care of individuals, using it with the person’s best interests in mind, to the best of your ability and in such a way that it is clear to others that you are doing it.” Lindsay, B (2007) The medical model Vs. social model and associated methodology for evaluating evidence highlights that evidence varies based on profession. Social issues are more difficult to define for example assessing whether a child is being emotionally abused Vs. diagnosing chickenpox. Social workers work in situations in which psychosocial and biological factors interact in complex ways.
  • 14.
  • 15. Evidence is…. Evidence is used to prove or disprove something, or to discover the truth. (Hypothesis Testing); Court proceedings to help establish the facts in a case. (Fact Finding); Evidence is tested under cross-examination; Evidence provided by professionals – has different weight - for e.g. data scientists – is seen as more reliable than eye witnesses or someone personally involved in the case. Reliable evidence is objective, scientific and independent BUT evidence is rarely 100 per cent reliable and there are notable cases where it has subsequently been found to be flawed. Family courts, mental health tribunals or other civil proceedings involving social workers, evidence is used to support the argument of a practitioner to help them achieve the outcome they are seeking. Source: (Davis, 2015)
  • 16. Evidence is….. Evidence is gathered about the case from the individual or family concerned, other professionals working with them or from previous case notes. Relevant research is introduced as evidence to inform the court’s decision-making. Social workers’ evidence is tested by those adjudicating the court case, so it needs to be as robust and reliable as possible to ensure it can withstand scrutiny. Source: (Davis, 2015)
  • 17. Sexual Abuse: Crime & Care “Amy, aged eight, says her stepfather Barry sexually assaulted her. Police and social workers investigate, making a video recorded interview conducted under ABE guidelines. Professionals agree that Amy’s disclosure is clear. Barry is arrested, charged with sexual assault and taken before the criminal court. Amy’s mother, Carrie, refuses to believe the allegations and supports her husband. The local authority takes care proceedings to remove Amy from home. Two separate court cases are underway. The Criminal Court focuses on Barry and the alleged offence; the Family Court focuses on Amy’s welfare, looking at her whole circumstances, not just the issue of sexual abuse. In the criminal case, Amy has to go to court to be cross – examined, albeit via live TV link. In the care proceedings, professionals give Amy’s evidence for her, and she is extremely unlikely to go to court to give evidence herself. In the event, the evidence against Barry is not strong enough to sustain a conviction for sexual assault and he is acquitted of criminal charges. However, in the care proceedings the judge makes a finding that Barry did sexually abuse Amy and makes a care order. “ Source Davis (2015, p. 25)
  • 18. Out of Control: Care and Crime “Donna is 14 and out of control. She truants from school, takes drugs, drinks to excess and is promiscuous. She steals to finance her drug habit. Donna is arrested, charged and prosecuted in the Youth Court for theft. She is also subject to care proceedings as she is suffering significant harm because of her own behaviour and is beyond parental control. Both cases centre on Donna, but the criminal case concerns only her alleged criminal offences – the underlying causes and her other problems only become relevant if she is convicted and the court has to consider what sentence to impose. In contrast, the whole focus of the care proceedings is on whether Donna is suffering significant haram, and her welfare is the court’s paramount consideration. In the Youth Court, Donna is the object of censure; in the Family Court she is the subject of concern.” Source Davis (2015, p. 26)
  • 19. Vulnerable Victims “Fred is well-known to the police and social workers. They strongly suspect that he is paedophile but they have insufficient proof. They suspect that Fred cynically chooses his victims carefully, selecting children who are for one reason or another unlikely to be able to give credible evidence (for example, they are too young, or are disabled children with communication or cognitive difficulties). When challenged, Fred denies everything and tells authorities to ‘prove it’. Social workers may be able to protect children who may be in danger from Fred (for example, if the moves into their home) but with inadequate evidence, police cannot prosecute.” Source Davis (2015, p. 27)
  • 20. Types of Evidence Factual Evidence: ‘I attend the meeting on 14 Sep. 2018 and this happened’; ‘I withdrew cash from on the 20 Dec. and this is verified by this bank statement’; ‘what I did’ and ‘what I saw’ etc. Real & Documentary Evidence: A Body Map; Photographs; Diagrams or Graphs, Video Recording etc. Hearsay Evidence: ‘The health visitor told me that the home had nappies in the kitchen sink and baby was crawling around…. ’ Opinion Evidence: ‘In my professional opinion…’ Research: evidence informed practice with accurate research sources. Understand the research & research shouldn’t be contested by other researchers. Ensure you discuss the research with your legal department.
  • 21. When using research in court statements: 1. Have you used research or theory in your work with the child? If not, it is no good producing it just for court – as it will read as an add on and you may have difficulty during cross- examination. 2. How does the research or theory relate to this child and this family – generalisation do not assist the court. 3. Do you need the research in order to justify a technical or usual point? 4. If you need to use research – ensure it is authoritative, generally accepted and up to date. 5. One problem with whatever research you cite, someone else will find a study supporting the opposite proposition that ‘someone else’ is likely to be the parent’s barrister or solicitor. 6. Other parties can ask for a copy of anything you rely on so ensure you are able to provide the evidence as needed to the courts. 7. Avoid generalisations such as ‘We know from research….’ such statements are not accepted.
  • 22. Misuse of Attachment Theory (1) Judge Mostyn criticised a local authority for the misuse of attachment theory and ruled the evidence as not admissible. Judge Mostyn, said the council and foster carers for an eight- year-old boy made “generalised criticism” of mother’s parenting. “Indeed, it was very hard to pin down within the swathes of text what exactly was being said against the mother,” Mostyn said. The judge criticised the attempted use of attachment theory by an independent social worker. The social worker tired to use attachment theory as the basis for her rationale for the child to remain with foster carers rather than returning home to mother.
  • 23. Misuse of Attachment Theory (2) Mostyn said for expert evidence to be admissible in civil proceedings it must be: Contained within a recognised body of expertise governed by recognised standards and rules of conduct relevant to the question which the Court has to decide; and Of such a nature that a person without instruction or experience in the area of knowledge or human experience would not be able to form a sound judgment on the matter without the assistance of a witness possessing special knowledge or experience in the area.
  • 24. Case Study What are some of the key factors you would want to explore? Source: (Brown, Moore and Turney, 2012:39) Danny spend the early years of his life in Ireland with his grandmother and joined his family aged 9 in the UK. Family relationships have been tense since Danny moved to the UK and the situation reached crisis point when a week ago he was caught shoplifting and his father refused to have him home. His grandfather has been abusive. He has been accommodated under Section 20 by Family and Children Services. Father fears that he may hit Danny again when he returns home.
  • 25. Further Information When Danny was in year 6 his parents hit him with a belt this was confirmed. He was on a child protection plan for a year. Key Factors To Consider: Danny’s father has hit him in the past and thinks he will hit him again Danny’s father was not around when he was younger how has this impacted upon their relationship? His father feels ashamed that he cannot manage Danny’s behaviour. Source: (Brown, Moore and Turney, 2012)
  • 26. Key Factors Identified – How can research support my practice approach and analysis? Danny separated from his mother at 18 months Possible abuse by step grandfather Death of grandmother Uprooted from familiar surroundings and Ireland Loss of grandmother and poor attachment lead to poor behaviour Father’s inability to manage and understand Danny’s behaviour Escalating behaviour which leads to crime and violence Reaction to new accommodation Foster Carers attitude towards the parents Lack of knowledge about what role father played in Danny’s Care Source: (Brown, Moore and Turney, 2012: 40)
  • 27. What does research tell me in terms of how father’s behaviour would impact upon Danny? “Harsh and erratic discipline has been linked with youth offending (Leech, 2008). In Danny’s case he has experienced physical punishment from his father and potentially his step grandfather. Danny needs support in understanding how his experiences in Ireland might be affecting his current behaviour. At the same time Mr. Allen (father) needs to understand how his treatment of Danny could be impacting on his behaviour.” “Children benefit from having a positive attachment to at least one primary care giver who can provide support and unconditional love that allows them develop the needed relationship skills as they grow older (Bowlby, 1969). Danny was separated from his mother at 18 months because she could no longer safely care for him due to misusing substances and this resulted in Danny staying with his paternal grandmother in Ireland. However, Danny’s grandmother died when he was 9 years old and this resulted in him staying with his father. Therefore, these early childhood experiences of disruption could be impacting upon Danny’s current relationships.” Source: (Brown, Moore and Turney, 2012: 41)
  • 28. Reflection How does research findings help me understand what is going on here? Does it support my hypothesis or open up further avenues for exploration? Research cannot tell the practitioner what to do but it support exploration.
  • 29. Testing Hypothesis Testing hypothesis reviewing competing theories about children and families Discussing with children and families about which interpretations make sense to them Use to co-produce support plans for families and children If new information comes in and outcomes have not been achieved plans need to be re-forumlated, revisited, retested, re-viewed Rarely a ‘right answer’ this combined with complexity and uncertainty means that testing best solutions is essential
  • 30. Case Study Jenny (20 years old) recently had her first baby (Lulu) with her partner Jack (19 years old). Jenny was in care from the age of 14 to 18 before moving in with her grandmother and now lives in a flat on her own. Jenny was placed in care as there were allegations that her father sexually assaulted her but he was never convicted of the assault/crime. There are frequent calls to the police due to shouting and loud noises in the home. Neighbours report that there are adult men frequenting the home at all hours. Jenny said she has always wanted to be a mum but feels under pressure when Lulu cries and she didn’t think it was going to be this hard. Lulu is 2 years old and still wears diapers and doesn’t talk. When you visit the home Lulu sits on your lap and gives you lots of hugs and kisses. Lulu had dirt under her finger nails and her cloths smelt of cigarettes.
  • 31. Key Factors to Consider 1. Child Develop theories 2. Domestic Abuse theories 3. Relationship with mother 4. Mother’s relationship with her mother 5. Jenny’s experiences of care 6. Father is absent 7. Focus is on mother and voice of the child is missing 8. History of child sexual abuse 9. Risk of CSE 10. Risk of CCE
  • 32. Social Media the Changing Practice Landscape Networked publics support many of the same practices as unmediated publics, but their structural differences affect practice in unique ways. Four properties of online and social media evidence are: o Persistence: o Searchability o Replicability o Scalability These are influenced by: the invisibility of audiences and the effect of the imagined audience; Collapsing of boundaries (private and public, personal and professional, boundaries between self and others.); Digital convergence and the merging of context and content; Source: (Boyd, 2010)
  • 33. Social Media and Evidence Cafcass expects the same standards of professionalism for any online communication exchanges with service users or professionals as for those used for face-to-face. The following sets out Cafcass’ position on the use of social media in practice. It is mostly applicable to private law proceedings, as the local authority is the lead agency in public law proceedings. Staff will not actively seek out information that is posted on social media by service users, or by their associates such as friends or relatives (this is sometimes referred to as a ‘fishing expedition’). However, during the course of proceedings practitioners may be made aware of content posted online that may have a bearing on the matter before the court and the work that Cafcass has been asked to carry out. Other factors to consider when using social media as evidence include: 1. Source, 2. Information trail and how a piece information is accessed or used, 3. Context, 4. Purpose, 5. Authenticity and reliability, 6. Admissibility of information. Source: (Megele, C. 2018, 2019)
  • 34. References: oBoyd, d. 2010. “Social network sites as networked publics: Affordances, dynamics, and implications.”. In A networked self: Identity, community, and culture on social network sites Edited by: Papacharissi, Z. 39–58. New York: Routledge. oBrown, Moore and Turney. (2012) Analysis and Critical Thinking in Assessment. Research in Practice. oCotes, F., Gagnon, J., Houme, Abdelielil & Gagnon (2012) Using the Theory of Planned Behaviour to predict nurses’ intention to integrate research evidence into clinical decision‐making. In Journal of Midwifery and Women’s Health. 68 (10), 2289–2298. oDavis (2015) See You In Court (Second Edition). Jessica Kingsley. London. oHonig and Coburn (2008) Evidence-Based Decision Making in School District Central Offices. Toward a Policy and Research Agenda. In Journal of Educational Policy. Vol 22, Issue 4, 2008 oLindsay, B. (2007) Understanding research and evidence-based practice. Exeter: Reflect Press o Megele, C. (2019) Social Media and Social Work: Implications and Opportunities for Practice. Policy Press. oMegele, C. (2018A) Should social workers view the social media of service users? Community Care Podcast. https://www.listennotes.com/podcasts/learn-on-the- go-a/should-social-workers-view-53SmVdPW9CJ/ (Accessed on 15.12.2018) oMegele, C. (2018B) Social media, digital professionalism and Continuous Professional Development. Research in Practice. oPawson, R., Boaz, A., Grayson, L., Long, A., & Barnes, C (2003) SCIE Knowledge Review: Types and Quality of knowledge in social care. https://www.scie.org.uk/publications/knowledgereviews/kr03.asp (Accessed on 15.12.2018)