The role and function of the spokesperson in care order proceedings: A cross-country study in Finland and Norway

Enroos, Rosi; Helland, Hege Stein; Pösö, Tarja; Skivenes, Marit; Tonheim, Milfrid

doi:10.1016/j.childyouth.2017.01.017

Cited by 14 publications

(9 citation statements)

References 15 publications

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“…A lawyer has the duty to promote his or her client’s—in practice, the parents’—rights, which are not always identical to the young person’s rights. Children rarely have a lawyer or a guardian to assist them (de Godzinsky, 2012; Enroos et al, 2017). In addition to the better availability of legal aid, young people might need other forms of support in order to have their views about errors heard.…”

Section: Discussionmentioning

confidence: 99%

Error Correction of Restrictive Measures: Appeals Made by Young People in Care

Kalliomaa-Puha

Pösö

Toivonen

2020

YOUNG

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The article examines appeals against restrictive measures in child protection submitted to and decided upon by administrative courts in Finland. Restrictive measures used in care restrict children’s and young people’s fundamental and human rights considerably, meaning ‘confinement in fractions’. Therefore, young people’s access to justice is an important issue in situations in which they consider an error to have been made. We study appeals as a form of legal safety and as a means of error correction. Although young people, 12 years of age and older, have the right to appeal, the appeal system is mainly used by parents to appeal against restriction of contact. As such, the appeal system poorly protects young people’s individual access to justice, if at all. As only administrative courts can overturn the decision to apply restrictive measures, the adult-centeredness of the system and young people’s access to justice should be critically assessed and rethought.

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Section: Discussionmentioning

confidence: 99%

Error Correction of Restrictive Measures: Appeals Made by Young People in Care

Kalliomaa-Puha

Pösö

Toivonen

2020

YOUNG

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“…Children's views may have been solicited prior to court, during the lengthy preparations of social workers and agency staff. It may also reflect the spokesperson arrangement in Norway (Enroos et al, 2017), which relegates that individual to a minor role in the court proceedings, and who is not allowed to ask questions (reflected in figure 4.2). Another reason, especially relevant for Finland, may be that the child's views are not sufficiently conveyed to judicial decisionmakers given that all of the information available is based only on written documents rather than oral presentation by children or by a child's representative.…”

Section: Discussion and Concluding Remarksmentioning

confidence: 99%

“…The same requirements are made for children ages 7 years old, or younger if they are able to form an opinion, although there is clear evidence that practices do not follow this standard (Magnussen & Skivenes, 2015;Vis & Fossum, 2013). Most children above the age of 7 years old will meet and speak with a spokesperson that write a report to the court about the child´s opinion (Enroos et al, 2017). The spokesperson may also testify in court.…”

Section: Introductionmentioning

confidence: 99%

Children’s and parents’ involvement in care order proceedings: a cross-national comparison of judicial decision-makers’ views and experiences

Berrick

Dickens

Pösö

et al. 2019

Journal of Social Welfare and Family Law

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This paper presents the views of judicial decision-makers (n= 1794) in four child protection jurisdictions (England, Finland, Norway, and the USA (California)), about whether parents and children are provided with appropriate opportunities to participate in proceedings in their countries. Overall, the study found a high degree of agreement within and between the countries as regards the important conditions for parents and children´s involvement, although the four systems themselves are very different. There was less agreement about children's involvement than parents', and the court decision-makers from Norway and Finland were more likely to express doubts about this. Nevertheless, the main message from the judicial decision-makers is that they are relatively satisfied as to how parents and children´s involvement is handled in their countries. Whether or not this confidence is justified, the emphasis on achieving effective involvement of children and parents in court proceedings is likely to grow, with major implications for the workers, decision-makers and agencies involved.

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“…• Europe (Åkerlind et al, 2019; Callegari et al, 2022; Enroos et al, 2017; Falconer and Shardlow, 2018; Ghanem et al, 2018; Grootegoed and Smith, 2018; Hetherington, 1998; Isham et al, 2021; Käkelä, 2020; Kristensen, 2011; Liljegren, 2012; Nygren et al, 2021; Sanfelici, 2021; Walsh et al, 2019),…”

Section: Introductionmentioning

confidence: 99%

“…Participants respond to a scenario whose characteristics are controlled by the researcher creating forced inference which is especially powerful if combined with reasoning and justification of the response to the vignette (Schnurr, 2003: 397). Text-based vignettes within semi-structured interviews and focus groups with social workers and related professionals have been successfully used in• Europe (Åkerlind et al, 2019; Callegari et al, 2022; Enroos et al, 2017; Falconer and Shardlow, 2018; Ghanem et al, 2018; Grootegoed and Smith, 2018; Hetherington, 1998; Isham et al, 2021; Käkelä, 2020; Kristensen, 2011; Liljegren, 2012; Nygren et al, 2021; Sanfelici, 2021; Walsh et al, 2019),• North America (Aujla, 2020; Schoenberg and Ravdal, 2000; Taylor et al, 2021),• Latin America (Nygren and Oltedal, 2015),• Africa (Nygren and Oltedal, 2015),• Asia (Taylor et al, 2021) and• Australia (Darlington et al, 2010; Drury-Hudson, 1999)…”

Section: Introductionmentioning

confidence: 99%

Using text-based vignettes in qualitative social work research

Bain

2023

Qualitative Social Work

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Text-based vignettes are widely used within qualitative social work research yet there is little guidance on how to construct and integrate them into the research process. This article discusses the uses, benefits and limitations of written vignettes as part of semi-structured interviews and focus groups with social workers and related professionals. It provides clear guidelines on how to design a vignette. This includes the choice of scenario, characteristics of the protagonist, type of vignette, research setting, length, vignettes in semi-structured interviews and pre-testing. Text-based vignettes have been successfully used in social work research on six continents in a variety of research contexts including single context, comparative, cross-sectional, longitudinal and replication studies. Written vignettes are a useful tool to elicit (professional) values, attitudes and decision-making processes in a time efficient manner that produces focused, in-depth knowledge without the need to use real practice examples that could potentially include sensitive data or breach confidentiality. Vignettes have been used to explore a wide range of topics including but not limited to adult safeguarding, care planning, child protection and multi-agency working together. There is some debate whether vignette responses mirror real-life actions. The value of vignette data goes beyond documenting real-world decision-making. It can uncover tacit social work knowledge and unquestioned beliefs to show how they interplay in decision-making.

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The role and function of the spokesperson in care order proceedings: A cross-country study in Finland and Norway

Cited by 14 publications

References 15 publications

Error Correction of Restrictive Measures: Appeals Made by Young People in Care

Error Correction of Restrictive Measures: Appeals Made by Young People in Care

Children’s and parents’ involvement in care order proceedings: a cross-national comparison of judicial decision-makers’ views and experiences

Using text-based vignettes in qualitative social work research

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