Challenging the Notion of Neutrality and Impartiality in a Children’s Contact Service Lisa Whittaker

Acknowledgement of Country I acknowledge that we are meeting on the traditional country of the Kaurna people of the Adelaide Plains. I recognize and respect their cultural heritage, beliefs and relationship with the land. I acknowledge that they are of continuing importance to the Kaurna people living today.

Objectives To explore what we mean by the terms neutrality and impartiality To encourage services to consider how they approach neutrality and impartiality in their work To consider how our neutrality and impartiality is perceived by clients and the Family Law sector To explore what impacts upon our neutrality and impartiality in a CCS To understand what supports us in maintaining our neutrality and impartiality where necessary

What is ‘Neutrality’? What is ‘Impartiality’?

Definitions Neutrality = the state of not supporting or helping either side in a conflict or disagreement. The absence of decided views, expression, or strong feelings. (Oxford Dictionary) Impartiality = Treating all rivals or disputants equally. (Oxford Dictionary) Weighing up both views and opinions equally

So is neutrality and impartiality REALLY viable in a Children’s Contact Service?

Historically CCS was a service that was labelled as being entirely: Independent Neutral Impartial Non-judgemental, and Observational only But have things changed?

Access to Information The view that: Little or no background info = independent, neutral and impartial observation is in high contention.

Scenario Jessie, 7 yrs

Greater levels of Assessment Prior to starting service delivery many services are conducting: -greater levels of assessment (including obtaining history, and accessing additional reports such as CAC) -thorough family violence assessments (to determine power imbalances and safety risks) -Intake with children (to determine willingness to engage or anxiety)

Greater levels of Assessment More in depth assessment ensures: -Best practice -Increased safety for children, parents and staff -Increased ability to assist families towards appropriate arrangements for spending time together -More suitable referrals

Scenario Henry, 5 yrs

Family Violence In the case of family violence, the position of neutral and impartial can: Suggest a tolerance Minimise the risk Create vulnerability and opportunities for re-victimisation Allow power imbalances to continue

Service Agreements, Policies and Procedures -create boundaries, -Outline rules for what we deem to be acceptable behavior -Give the service a voice in it’s positioning in the families dispute

The Child as the Primary Client A view held by many services. But does this position mean that we are actively taking a position in the families dispute – acting as an advocate for the child to ensure their best interests are being considered? At times the role of Child Advocate can be in direct competition to one or both of the parents.

No longer just Observation Only Many CCSs have begun providing services to families that may no longer be considered OBSERVATION ONLY. They offer services such as: Parenting support during visits Role modelling Education Review sessions with parents and children Court reports with recommendations All aimed at working more actively and intensively with families to support them towards a positive self-managed arrangement where appropriate.

Values, Beliefs and Attitudes Values - what we hold dear - what we see as important to us - individual, group, organisational, and societal Beliefs – what we hold to be true Attitudes - a predisposition towards a person, object or situation.

Continuum

Ethics The term ethics is used to describe codes or standards of behaviour Based on a shared understanding of what is right and wrong Derived from values and belief systems vary from one culture to another or from one group to another.

Ethical Dilemma

Conflict of Interest “A conflict of interest occurs if you have an interest or relationship that compromises or affects your judgment in a certain situation”. (One World for children (2009), page 27))

Conflict of Interest

How do we Maintain Neutrality? Be clear about what neutrality REALLY looks like in your service – is 100% possible or warranted? Be clear where your limits lie. Be consistent Be clear about personal values and the values of the organization – acknowledge their possible impact. Communicate clearly and concisely Avoid the client relying heavily upon you Check in with others

How do we Maintain Impartiality? Listen and clarify. Weigh up each option Acknowledge if one point of view needs to be the strongest in your role. Acknowledge if your values and beliefs lead you to favour one point of view over another. Acknolwedge if your past experiences lead you to favour one point of view over another.

How do we Maintain Impartiality Be aware of the language and dialogue you have with each person individually. Address any power differentials Listen to clues from your client that may be hinting at a lack of impartiality Be aware of how you are guiding or impacting on any decision making process Accept that differences of opinion will occur Check in with others.

Challenges Given the various factors that impact on our neutrality and impartiality in a Children’s Contact Service, the question for services remain: How viable is it that we achieve neutrality and impartiality? Is it OK if we do not achieve them 100%? Should we be more transparent about if, and when, we cannot/will not be neutral and impartial?

THANK YOU For further information contact: Lisa Whittaker Phone: (08) or