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Child Care in Practice
ISSN: 1357-5279 (Print) 1476-489X (Online) Journal homepage: http://www.tandfonline.com/loi/cccp20
Participation in Decision-making: The Experience
of New Zealand Children in Care
Nicola Atwool
To cite this article: Nicola Atwool (2006) Participation in Decision-making: The
Experience of New Zealand Children in Care, Child Care in Practice, 12:3, 259-267, DOI:
10.1080/13575270600761727
To link to this article: http://dx.doi.org/10.1080/13575270600761727
Published online: 18 Jan 2007.
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Participation in Decision-making: The
Experience of New Zealand Children in
Care
Nicola Atwool
One of the objections to a children’s rights perspective is that children are unable to
accept the responsibilities that go with rights. If children are to attain the status of
citizens and exercise the responsibilities of citizenship, participation during childhood is
essential. Yet children are frequently excluded when important decisions have to be made.
This paper examines children’s participation in decision-making from the perspective of
New Zealand children in care. The paper discusses the importance of children’s
participation in decision-making, outlines the current situation in New Zealand, and
identifies both the blocks to children’s participation and the resulting consequences.
Particular attention is paid to the implications of this perspective for New Zealand’s
indigenous population. The paper presents arguments in favour of increasing children’s
participation and suggests changes necessary to achieve this.
Introduction
If children are to claim the associated responsibilities of citizenship, participation is
essential* and yet children are frequently excluded when important decisions have to
be made. This paper examines children’s participation in decision-making from the
perspective of New Zealand children in care. I begin with a brief outline of the
historical context before outlining the current process of decision-making. Blocks to
children’s participation and the resulting consequences are identified. The advantages
of participation from children’s perspective are outlined with particular emphasis on
cultural implications, and changes necessary to facilitate this are discussed.
New Zealand became a signatory to the United Nations Convention on the Rights
of the Child (UNCROC) in 1993. Like many developed nations there is little
disagreement that children have protection and provision rights. There is, however,
Nicola Atwool is Principal Advisor at the Office of the Children’s Commissioner. Corresponding author: Nicola
Atwool, Office of the Children’s Commissioner, PO Box 5610, Wellington, New Zealand. Tel: 0064 04 470 8715.
Fax: 0064 04 471 1418. Email: nicola.atwool@occ.org.nz
ISSN 1357-5279 print/1476-489X online/06/030259-09 # 2006 The Child Care in Practice Group
DOI: 10.1080/13575270600761727
Child Care in Practice
Vol. 12, No. 3, July 2006, pp. 259 267
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considerable debate about their participation rights. Provision was made for the
appointment of a Children’s Commissioner in 1989. This role includes promotion of
children’s rights and monitoring of the Department of Child, Youth and Family
Services (the national agency responsible for care and protection and youth justice).
In 2002 the Government developed a National Agenda for Children, which provides a
framework for child and youth policy emphasising children’s entitlements as citizens.
Despite these developments, children’s participation remains limited. This is reflected
in the absence of research on children, especially children in care (Smith, Gollop,
Taylor, & Atwool, 1999).
Historical Overview
In Aotearoa New Zealand, prior to colonisation, children were cared for in the
context of whanau (family), hapu (subtribe) and iwi (tribe). The care of children was
shared within extended family structures (Hiroa, 1970). Children were not considered
the property of their parents but belonged to the whanau, which was in turn an
integral part of the tribal system bound by reciprocal obligations. The whangai
system allowed children to be raised by adults other than their biological parents.
These were open arrangements for the purpose of strengthening kinship ties and
structures (Ministerial Advisory Committee, 1988). Pitama (1997) describes the
whangai system as having its own rules and criteria, a central element of which was
that it occurred within the kinship group and that whakapapa (genealogy)
connections were maintained. Bradley (1997) describes the taking on of a whangai
as a public affair, and the decision-making process involved whanau and hapu with
consideration for both the child and the maintenance of kinship structures. Pitama
stresses that to be whangai was something special and argues that it was a powerful
system aimed at protecting the child and the hapu’s rights and privileges.
From the early days of colonisation there is evidence of State involvement in the
care and placement of children. Although the earliest response was institutional,
family placement then known as ‘‘boarding out’’ became the preferred option (Dalley,
1998). Over time, indigenous practices were eroded and Maori and Pacific Island
children now make up a significant proportion of the children in care. As at 31 May
2005 there were 4,855 children and young people in care and protection placements
and 153 in youth justice placements with 3,800 caregivers (total population of New
Zealand is four million). The most recent data on the ethnicity of children in care
indicate that 45% are Maori (Brown, 2000). Of these, 45% were in kin placements.
Overall, 33% of children are in kin placements. In 2001, 24% of children under the
age of 18 identified as Maori (Ministry of Social Development, 2004).
Over time, various trends have prevailed and the debate about the best way to meet
children’s needs when they can no longer live with their families of origin continues.
This debate escalated during the 1980s when the relevant legislation was under
review. Leading up to the passing of the 1989 Children Young Persons and their
Families Act (CYP & F), argument was focused on who should be involved in making
decisions and what the process should be (Henaghan, 1991). The debate was resolved
260 N. Atwool
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with a decisive shift in the direction of family involvement, largely as the result of
pressure from Maori and Pacific Island groups for a more culturally appropriate
response.
The 1989 CYP & F Act requires that when concerns about the care and protection
of children exist, families are part of the decision-making process. The Act also
emphasises children’s right to be with family. UNCROC also supports children’s
rights both to protection and to be with family. Neither UNCROC nor the legislation
provides pat answers to the dilemma that arises when children are at risk within their
families. Hassall (1994) captures this dilemma very well in a discussion of children’s
right to a place. He argues that the promotion of children’s individual rights to self-
respect and dignity and the child’s right to a guaranteed place (family) are not
mutually exclusive, and that it is a question of balance.
The aim of the legislation is to obtain agreement at Family Group Conferences
involving the family, social workers, foster parents, lawyers and other professionals
and lay people involved with the family. When agreement is not reached, the case is
referred to the Family Court. Evidence is presented to the Judge, who makes the final
decision. Despite the Family Court emphasis on conciliation and mediation,
contested child care proceedings are still essentially adversarial (Ellis, 1994).
Once a decision is made to place a child in care under the auspices of the Chief
Executive, social workers are required to prepare plans (six-monthly for children aged
under seven, annually for children over seven years old) and gain agreement from
relevant parties at planning meetings. The Court reviews these plans, and
disagreements may result in further Family Group Conferences and Court hearings
if these fail to achieve a resolution of the issues. Disputes about where a child should
live may arise at anytime. Although the principles of the Act provide guidelines,
tension can arise between the best interests of the child, the child’s right to be with
family and the principle of minimum intervention in families.
Even when there is agreement that the child is in need of care and protection and
can no longer live with the birth family, disagreement may arise about where the child
should live. For example, a child may be in short-term care while the situation is
being assessed and this can become protracted due to disagreement. Once the final
decision is made not to return the child to family, there may be dispute about
whether the child remains with the family who have been caring for them in the
interim or is moved to another placement. This is particularly likely to occur if the
child is not in a kin placement and/or the birth parents do not have a good
relationship with the foster parents. Conflict may also arise if the child is very young
and the foster parents believe they have formed an attachment with the child and/or
there are concerns about the suitability of the foster parents.
Conflict is exacerbated in these situations because there are no clear-cut solutions.
Decisions about where children should live are emotionally charged (Hindle, 2001) and
views frequently become polarised. There is often an assumption that adults will act in
children’s best interests, but there is evidence that both parents and professionals do not
always do so (Munro, 2001) and a range of attitudes have been identified (Britner &
Mossler, 2002; Thomas & O’Kane, 1998). ‘‘Best interests’’ is a subjective and contestable
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concept (Butler & Roberts, 1997; Lansdown, 1994; Woodhead, 1990), and in many
cases both parents and professionals assert common sense as the justification for their
position. Although the legislation allows for children’s participation in decision-
making forums, this is extremely rare in disputed situations.
Barriers to Participation
Traditional universal theories of child development portray development as the
outcome of nature and nurture mediated by the transformative agent of socialisation
(Stainton Rogers and Stainton Rogers, 1992) and are based on the sequential
attainment of new abilities at set ages and stages. In such models the child is
conceptualised as deficient (Graue & Walsh, 1998; Morss, 1990; Prout & James, 1990)
and in a state of ‘‘becoming’’ rather than ‘‘being’’, a transitional state on the way to
adulthood (Prout & James, 1990).
Within traditional psychology and sociology, theory has been formulated around
binary oppositions. In outlining the consequences of this, Prout and James (1990, p.
13) cite Mackay (1973, p. 28): ‘‘In such an account children are regarded as
‘immature, irrational, incompetent, asocial [and] acultural’ with adults being
‘mature, rational, competent, social and autonomous’’’. The child is portrayed as
passive, similar to the laboratory rat at the mercy of stimulus response processes
controlled by external forces. Such a portrayal creates a situation in which children
who are not adequately socialised are seen as failures of the socialisation process and
therefore failures as human beings. This has particular implications for children
entering the care system.
Mayall (1996) summarises the impact of traditional developmental frameworks on
our understanding of childhood. The idea of the ‘‘normal’’ child has acquired high
value* this ideal becomes the yardstick against which children are measured and
culture and context are overlooked. The individualising of children within the
framework of the universal child draws adult attention away from the social forces
that shape children’s lives. The subjection of children to the power of adults and their
common interest in resisting adult power and their operation as a social group is
sidelined. The deterministic framework of developmental psychology devalues the
purposeful character of action, and in so doing diminishes children’s agency. This
obscures the fact that growing up is not just a matter of acquiring skills, but is the site
of complex political tensions between children, parents and the state.
Such a view minimises children’s agency and competence, reinforcing children’s
dependence on adults, and has consequences for decision-making practices. Adult
power in decision-making situations is taken for granted and generates an uncritical
acceptance of adults’ ability to act in children’s best interests. In conflicted situations
it is often assumed that it would be detrimental for children to be involved (Smith,
Taylor, & Tapp, 2003), and many decisions are made without adults ever speaking
directly with them (Butler & Williamson, 1994; Holland, 2001). Adults’ certainty
about their capacity to act in children’s best interests combined with their absence
from decision-making silences children (Atwool, 1999; Holland, 2001).
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A key to challenging the deficit model of childhood is to distinguish between needs
and rights. The concept of needs fits well with a deficit model of childhood. ‘‘Needs’’
reinforces the notion of dependency and by implication the power of adults to both
define and respond to the child’s needs. As Butler and Roberts (1997) point out, this
tends to infantalise children well beyond the period of infancy. ‘‘Rights’’ speak of
entitlements and has connotations of responsibility and obligation. In the past social
work has been characterised by a ‘‘welfare’’ approach that tends to emphasise needs
rather than rights, disempowering the child
Impact of Being in Care
This deficit view is reflected in the personal accounts of children raised in care.
Turnbull (1997, p. 26) interviewed four New Zealand adults who had grown up in
foster care, and three of the four participants indicated that the impact on self-esteem
was negative. One said it was ‘‘Alienation* like having a disease* not being good
enough* I hated it. I felt forced to live with these people, forced to be grateful. Can
the Social Welfare do anything to restore my soul?’’ Another said it was like ‘‘Being
government property for people to do what they liked with’’, and another said ‘‘It
meant I was a problem child or I was a child that my parents had difficulty
managing’’. During his Ministerial Review of the Department of Child, Youth and
Family Services, Brown (2000) interviewed 10 young people who were in care or had
recently left. ‘‘They reported feelings of confusion, indignation and being treated as
second-class citizens or criminals’’ (Brown, 2000, p. 70). Research undertaken by the
Children’s Issues Centre focusing on participation demonstrated a very low level of
involvement in decision-making and considerable confusion about the reasons for
being in care (Smith et al., 1999).
New Zealand research on the transition out of care indicates that many young
people receive minimal preparation and are often left to fend for themselves when
they reach 17 years of age (Ward, 2000). Although some have the support of foster
care families who remain involved after their discharge from care, many have
experienced multiple placements and have no support. The issues in their families of
origin that led to placement in care remain frequently unresolved and return home is
rarely successful. The negative consequences of this are compounded by cultural
dislocation for many Maori and Pacific Island young people.
Children’s Perspectives
Children’s competence and ability to participate has been demonstrated in a number
of studies across different aspects of their lives, including their experience of parental
separation (Smith et al. , 2003), being in foster care (Christensen, 1998; McCauley,
1996; Munro, 2001), participation in decision-making (Thomas & O’Kane, 1998),
experience of being a young carer (Mahon, Glendinning, Clarke, & Craig, 1996),
perception and management of risk (Hood, Kelley, & Mayall, 1996), emotions and
well-being (Hill, Layborn, & Borland, 1996), and perception of problems, coping
Child Care in Practice 263
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strategies and help-seeking behaviour (Punch, 2002). These studies have found that
children want to be involved not only in research, but also in consultation in other
aspects of their lives (Cashmore, 2001). Perhaps the most important finding is that
children do indeed have a unique contribution to make. Hill et al. (1996) report that
their research conveyed vividly the nature of many issues significant to children, some
of which they felt adults underestimated or dismissed. Many expressed a wish that
adults would listen carefully and take children’s views and concerns seriously. One
group came up with a version of ‘‘stop, look and listen’’ for adults:
STOP* and think about children’s point of view.
LOOK* for their feelings.
LISTEN* to what they say. (Hill et al ., 1996, p. 142)
The Children’s World Parliament held in January 2000 produced a charter covering
safety, arts and culture, health, first people, environment, education, justice and work.
The Resolutions on Safety included the right to be part of making decisions that
affect their safety (Children’s International Charter, 2000). A Children’s Forum at the
Children’s Issues Conference in 1999 discussed Articles 12 and 13 of UNCROC and
made the following points in relation to decision-making:
. we can make responsible decisions if given a chance
. it is okay for us to make the wrong decision sometimes, even if we know all the
information
. please listen to us instead of ignoring us, and take notice of what we have to say
. expect an opinion from us, and ask for it
. lastly, we need adults to guide us towards making good decisions, but we also need
you to let us practise making the wrong decisions as well. (Smith, 2000, p. 17).
Cashmore (2001) completed an extensive review of the literature on the
participation of children and young people in care. She concludes:
It is clear that children and young people in care generally wish to be more involved
than they usually are in the way decisions are made about them especially where
they live and how often they see family members. They are not seeking self-
determination or to control the decision-making, they do, however, want to be
informed and involved in the process. They want to ‘‘have a say’’ rather than ‘‘their
own way’’. (Cashmore, 2001, p. 845)
Given that children have to live with the outcomes of adult decision-making and the
evidence that this is not always positive, it seems a small thing to ask.
What Needs to Change
It is often argued that children cannot take the responsibility that goes with rights.
One of the problems with this argument is that the same can be said of many adults
and yet they are not denied access to their rights on this basis. This argument also
264 N. Atwool
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becomes a self-fulfilling prophecy because denial of rights ensures that children are
never given the opportunity to take responsibility. Another way of viewing the issue
of responsibility is to argue that adults have a responsibility for ensuring that children
have the opportunity to exercise their rights. Socio-cultural theories of development
draw attention to the importance of adult support in scaffolding children’s learning
(Smith, 2002). Development involves active participation in social processes, and
individual development, social interaction and cultural activity are inter-related.
From this perspective understanding is transformed through participation and
children and adults negotiate shared meanings (Smith, 2002). Children are not
assumed to have the same capacities as adults but growth is assured through
supportive relationships with adults in which their developing competence is
respected. Such a view facilitates children’s involvement in social processes in general,
and particularly situations involving decisions that have an impact on them.
Lansdown suggests five things that adults need to do if we are to be serious about
complying with Article 12 of UNCROC:ensure that children have adequate
information appropriate to their age with which to
. form opinions ...
. provide them with real opportunities to express their views and explore options
open to them ...
. listen to those views and consider them with respect and seriousness and tell
children how those views will be considered ...
. let them know the outcome of any decisions and, if that decision is contrary to the
child’s wishes ensure that the reasons are fully explained ...
. provide children using public services with effective, accessible and genuine
avenues of complaint, backed up by access to independent advocacy for situations
where children feel they have been mistreated or ignored or abused in any way.
(Lansdown, 1994, pp. 38 39)
Conclusion
There is ample evidence that adults making decisions about children in care do not
always make the best decisions and the consequences may last a lifetime. It seems that
we have little to lose by increasing children’s participation. At the very least we need
to do so in order to honour the UNCOROChild and the principles of the current care
and protection legislation. The Care of Children Act (2004) strengthens the
requirement that a child be given a chance to express his or her views and states
that these must be taken into account. But more importantly, taking account of
children’s views may lead to better decisions.
It is likely that had children been consulted and their views respected, cultural
dislocation of children in the care system may have been avoided. Young children
may not have been able to articulate the importance of whakapapa and connection to
whanau, hapu and iwi, but if we had paid attention to their views about who and
what was important to them it is unlikely that we would have been so quick to
Child Care in Practice 265
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assume that placement outside of these networks was appropriate. It is also likely that
the currently favoured policy of inclusive care would have evolved much earlier.
When given the opportunity to express their views, children have consistently
identified family contact as important.
It is time to acknowledge that much of what we have learned has been the result of
trial and error and that children have borne the brunt or our mistakes. Even if the
outcomes of decision-making involving children are not significantly better at least
they have had a chance to have a say, and this may make it easier to live with the
consequences. There is nothing more damaging than the pervasive sense of
powerlessness that results from having no voice. At the end of an interview an 11-
year-old boy in care was asked if there was anything that had not been talked about
that he thought was important. He replied: ‘‘There’s nothing actually that I would
actually want. I don’t want anything in life actually. I don’t even care if I die’’ (Smith
et al., 1999, p. 66).
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