Are Families With International Heritage Treated Equitably in Permanence Planning?

In this guest blog, Carolyn Housman, CEO of Children and Families Across Borders, explores some of the challenges and benefits of cross-border kinship care in Scotland - and signposts social workers to useful resources

The number of people in Scotland born overseas  has doubled in the last twenty years, which undoubtedly means more international family connections – including for Looked After Children. With 9% of the Scottish population being foreign-born, a large number will have family overseas. Scottish legislation is beginning to reflect this, through the incorporation of the UN Convention on the Rights of the Child (UNCRC), which recognises a child’s right to identity, culture and roots. However, social workers need specific guidance and support when working with families who have links to other countries.   

What does cross-border kinship care look like in Scotland?

In 2021, the Scottish Parliament unanimously passed a Bill to incorporate the UNCRC into Scots law.  Article 8, which protects a child’s right to their identity, includes the right to maintain culture, nationality and – crucially – family relationships.

That same year, the charity Children and Families Across Borders (CFAB) undertook Freedom of Information (FOI) requests on Scotland’s 32 children’s services departments. The results showed that less than one-third of Scottish authorities explored family overseas for children taken into their care, and only 0.03% of children in Scottish care joined family overseas. There will be many reasons why this number is so low. However, more consideration of overseas heritage and kinship links is clearly needed as well as better ways to include foreign-based family members in the planning for their young relatives.

Is there a reluctance to work with overseas agencies and families?

Social workers across Scotland are stretched and international casework often introduces complexity and delays.  Below are some of the frequent ‘challenges’ CFAB hears from social workers, as well as some of the evidence and practical support mechanisms to overcome them. 

  • Placing a child overseas may not achieve the best outcome.

Social workers across the UK often worry that they will not be able to support a child who is placed outside of their jurisdiction.  While there is plenty of evidence that kinship care benefits children, there is little to no research on international kinship care.  A thorough assessment and careful planning should in part alleviate these concerns, as would be the case in any placement.  Working with a local social worker in the country of destination is also critical. CFAB continuously tries to improve understanding by following up on the cross-border cases we have worked on.  In 2018, we reviewed a sample of 78 cases where placement abroad was potentially in the best interest of the child/ren.  The results are displayed in Diagram A at the end of this article. 

While placement breakdowns occurred in 10% of the small number of cases audited, where children had been placed with family abroad, this result was not inevitable and may have been prevented through pre-placement training for the carer.  The main reason for placement breakdown in the two cases where it occurred was that the child’s carer was not able to cope with the child’s psychological and behavioural challenges. The 50% known placement rate does not give enough information as to whether the outcome is ‘better’ for a child placed in an international kinship arrangement versus if they had remained in the UK.There is simply not enough data available. However, it is encouraging that so many placements were sustained, and it is possible that breakdown could have been prevented with better pre-placement training for the carers.

  • Overseas family members are too distant and not relevant to the child’s life.

A child’s fundamental right to family – free from geographical discrimination – is upheld in the UNCRC, as noted above, as well as the European Convention on Human Rights.  While there is no statutory Scottish guidance on international kinship placements,  social workers in Scotland should have awareness of their duties to explore family connections for looked after children, no matter where in the world those family members are.  Many local authorities have guidance or procedures in terms of intercountry adoption, which may include adoption of kin. The National Guidance for Child Protection contains guidance on children who are on the Child Protection Register moving out of or into local authority boundaries.  Moreover, where there is a Child Protection Plan or Child Protection investigation ongoing, there are additional, immediate inter-agency responsibilities that Scottish practitioners should recognise.  This does not encompass all the variables of international placements, however. 

The United Kingdom is a signatory to the Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children (HCCH 1996).  This is a multilateral treaty covering a broad range of civil measures to protect children in cross-border situations.  The HCCH 1996 establishes a Central Authority within Scottish Government with the sole purpose of enabling cross-border co-operation between authorities and securing the recognition and enforcement of measures among Contracting Parties.  This means that  social workers in Scotland have a partner in Government to assist with obtaining social service checks on families in signatory countries.

  • It will be too time-consuming and resource-intensive to contact family overseas.

Social workers in Scotland benefit from two entities that exist to make international casework easier.  The first is the Central Authority under the Hague Convention 1996, as described above.  The Scottish Central Authority can facilitate cooperation with the competent authorities in other member countries. See the full list here.

The second is CFAB, an international charity which can support child protection, record checks, welfare visits and assessments in over 130 countries worldwide.  Free advice for social workers is available through the national advice line: 02077358941.

  • There are too many risks, from data protection to legal issues, when placing a child across borders.

While there is a minimum expectation that social workers explore wider family connections for children taken into care, there is no clear guidance on what good practice looks like when children are to be placed with family members overseas.  CFAB has developed an International Kinship Care Guide for England and Wales and is working with leading Scottish agencies to develop a similar guide for Scotland.

  • In conclusion

Social workers have a professional obligation to act in the best interest of the child – and this clearly includes, where safe and appropriate, maintaining links with family and links to their culture/identity.  As children in Scotland increasingly have international heritage and family members baed overseas, social workers need the skills and tools to liaise with families overseas.  Fortunately, there are a number of resources and organisations ready to help.

For more information on CFAB, visit: www.cfab.org.uk

For the Scottish Government Central Authority & International Law Team:

Angela Lindsay, Case Manager

Tel: +44 (0) 131 244 0460

Email: childabduction@gov.scot

GW15 St. Andrew's House

EDINBURGH EH1 3DG

Scotland, UK

numéro de téléphone/telephone number: +44 (0) 131 244 4827

numéro de télécopie/telefax number: +44 (0) 131 244 4848

     
Diagram A