Many people will not be aware that since 2008, the UK has celebrated June as Gypsy, Roma and Traveller History month. After attending a conference dedicated to Traveller and Gypsy families in care proceedings, Elizabeth Grant explains some of the key issues affecting those communities in care proceedings.
The Conference, convened by the Margaret Clitherow Trust, heard from three panels:
- Cultural competency and risk assessment
- Communication and adapting everyday practice; and
- Legal Practice and the Courts.
The Conference was attended by solicitors, from private practice and local authorities, social workers, Government Policy analysts, Independent Social Workers, and charities and organisations who provide the Traveller and Gypsy communities with advocacy and support. The panels all consisted of representatives from these groups. Most importantly, in our view, there were members of the Traveller and Gypsy communities on the panels to share their experience of care proceedings, including as a parent as well as a family member being assessed as an alternative carer. It was very powerful to hear from the community members directly.
Disproportionate number of Gypsy and Traveller children in care proceedings
It is widely reported that Gypsy and Traveller children are more likely to be taken into care than any other child. There is a history of mistrust between the Gypsy and Traveller community and authorities, including social services and the Police, and a lack of understanding of the culture of these communities1, which can result in the authorities coming to poorly assessed conclusions with the most severe consequences; that of a child being removed from the care of their parent. Therefore, members of this community may also reasonably be wary of a solicitor becoming involved in their life if they find themselves in care proceedings.
Cultural competency in care proceedings
One of the panels discussed how to address this lack of 'cultural competency' for those involved in care proceedings so that decisions or assessments are made through the cultural lens of that community. This includes how to build trust from first meeting the family, for example by accepting hospitality and removing your shoes in their home, to needing to complete appropriate risk assessments of a child's situation through a value based system applicable to that family and not the 'mainstream' value system, and how important it is not to make assumptions about language and words used by those in the community, or their home environment without asking questions before drawing any conclusions. For example, the Traveller community take pride in cleanliness and therefore children's toys may be tidied away and not visible to a professional. The professional should not therefore assume there are no toys, but ask where the toys are.
Improving communication and advocacy
Another panel looked at how communication can be improved, from ensuring that any interpreters are briefed about what will be discussed and therefore are able to translate words accurately in the context, to having an advocate present who can assist the community member with understanding what they are being asked and being told by a professional (including lawyers), or using other means of communicating like voice notes where clients feel less confident with reading and writing.
Maintaining cultural awareness in care proceedings
When it comes to the proceedings, the panel raised that the parties all need to hold in mind that the children involved are from a Gypsy or Traveller community from the start so that the proceedings are kept in this context. Another poignant point raised was that families from these communities are reluctant to put themselves forward to be assessed because of their mistrust of authorities and therefore understandable concern about opening themselves up to these authorities. This means that children from these communities are unlikely to be placed with a cultural match if they are removed from their parents' care. At the heart of these communities are children and they are communities built on family, therefore professionals should be ensuring that culturally competent assessors are assessing alternative carers, and that alternative carers are not limited by number. If multiple alternative carers put themselves forward, then each of them should be considered. It was also suggested that it is important to seek permission for information from the proceedings to be disclosed to the professionals or advocates working with the family, for example from charities and other organisations.
A call for systemic change
These communities continue to be marginalised and misunderstood and whilst it was encouraging to see so many passionate professionals present who want to change this, this is just the start of the need for a widespread and embedded understanding of these communities within the family law system. There were many resources shared about working with families from these communities; however, there is no resource in respect of working with these communities within family law proceedings. To rectify this, the organisers are planning on putting together a handbook for lawyers to bring together the already established resources, as well as the knowledge and experience of the professionals who attended the Conference. This is a huge step moving forward the cultural competence of the legal profession and whilst we wait for this important handbook, we will continue developing our understanding of these communities by approaching our cases with patience and a curiosity about our client's experiences, culture and community.
Footnote
1. Friends, Families and Travellers, A guide for professionals working with Gypsies, Roma and Travellers in Children's Services, By Sarah Sweeney and Zoe Matthews Friends, Families and Travellers
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