Children

(a)Personal factors (health), (2.1)
(b)External factors (environment), (2.2)

Answer:

(a)Personal factors that influence/affect children and young person’s development (health)

•Disabilities such as blindness, deafness, and other physical handicaps can cause learning loss as the child therefore is physically hindered and as we know all areas of development are interlinked, so the others will be affected causing delays and often full capability.

•Illnesses; especially life threatening or disabling such as Polio or Cancer causes delays in all round development as these can affect muscle development; both major and fine motor, and often never fully develop due to the damaging effects of these diseases to their body. Also, long terms in Hospital or confinement in bed, frailty of body etc. prevent them from physical exertion such as running, skipping, etc. Long absences from school, family, as well as limited interaction socially and physically with other children their age, can in many cases also affect their other areas of development; such as their social, physical, cognitive/intellectual development.

•Learning difficulties; ADHD, ADD, Autism, Down’s syndrome etc. all affect a child and young person’s ability to develop cognitively, therefore it inhibits the general pattern of development. For example, one of the symptoms of ADHD is low muscle tone which is due to abnormal chemical balances in the brain; “ADHD is caused by differences in neurotransmitter patterns in certain parts of the brain. Neurotransmitters are chemicals that make it possible for nerve impulses to travel from one nerve cell to another, and therefore play an essential role in the functioning of the brain.

The brain performs a vast range of tasks or functions, allowing us, for instance, to see, hear, think, speak and move. Each function is performed by a different part of the brain. In individuals with ADHD there are lower than normal levels of certain neurotransmitters (especially dopamine) in the regions of the brain that are responsible for regulating behaviour and attention. Research also confirms that the Norepinephrine system is also involved in some patients.”

Further Resources: (http://www.health24.com/Parenting/Child/First-year/Attention-Deficit-Hyperactivity-Disorder-20120721)

“Chemical imbalance: Children who have ADD may not make enough chemicals in key areas of the brain that are responsible for organizing thought.

Experts believe an imbalance of the chemicals that helps nerve cells in the brain communicate with each other, called neurotransmitters, may be a factor in the development of ADD symptoms. Without enough of these chemicals, the organizing centers of the brain don’t work well.”

http://www.nativeremedies.com/ailment/child-add-symptoms-info.html

External factors (environment), (2.2)

•Family Environment or care status is a very important factor in a child/young person’s development; who cares for the child? Is it a ‘regular’ two parent family, a one parent family or a split family, with two sets of parents, or a large extended family living together in one home? These can all have differing; some positive and other situations often can have adverse affects.

Is the care regular and consistent or is it irregular and so disruptive for the developing child? Culturally families differ and the child might not have their parents caring for them but instead elderly Grandparents and this can have an adverse affect on a child who is growing up in a nation that usually has western ideals in parenting; the Father and Mother are usually the direct caregivers.

•Poverty is usually a negative factor in a child’s development and their environment as a whole. They usually live in small homes in unsafe areas, with high crime statistics, noise putting the child in constant threat of harm and a lack of a sense of peace and safety. Food is usually not as ample or nutritious as it is in a home with a better income, often the only income being benefits or maybe one salary from a single parent. Their health may be neglected due to lack of monies for good health care, especially in nations where it is not government sponsored.

Children and young people, as a result of poverty, may be subjected to care givers or parents who may be substance abusers due to depression often due to having a poor income or lack thereof because of unemployment. This may result in neglect, abuse or in some cases even desertion. This then leads to the child being placed under the custody of other caregivers and often the state, so disrupting the child’s life. This often results in a lack of a sense of belonging and self worth in the child and can be carried with them into young adulthood.

This can all add stress to a child and they may develop anger and feelings of resentment towards themselves, their family/care givers and society as a whole. As teenagers these children can develop severe depression and this can lead to high mortality rates and low life expectancy in many impoverished communities.

•Education is an important factor in all round development, and whether the parent/care giver is able to spend time with the child, send them to early development classes such as nursery schools or Moms and Toddler workshops etc., where various methods of teaching and activities are centered around the expected pattern of development. Some parents prefer to Home School their children and this may hinder the child’s social, and often physical and cognitive development due to lack of interaction with other children their own age, as well as learning resources.

Some children may be affected by being placed in school too early and therefore may appear to be behind in their learning and development. This may lead to the child struggling to
keep up with their peers. Gender affects learning too as girls usually develop at a faster rate all round, maturing earlier than boys.

Siblings and other children can stimulate development as the child studies have shown that children usually learn through and imitate other children around them, and this can install a healthy sense of competitiveness. A hindrance may be cultural differences in education as well as language. If a child is learning in another language this may have an adverse affect on their learning and understanding. This can further influence their cognitive and social development as they are unable to think and communicate easily in an unfamiliar language, and this can cause embarrassment and frustration.

All areas of development are interlinked and so when one is negatively affected so the rest are usually inhibited, therefore affecting the expected pattern and rate of development in a child and young person.

Child discipline is an issue which has raised a lot of concern in the recent past. Differentiating child discipline and child abuse is becoming more difficult with different sectors and individuals differing in this area. However, despite the different views which have been put forward regarding children discipline, instituting discipline in children is vital since it help in developing a sense of self control, respect and also accountability. While the means of instituting discipline are varied, no single method is effective in itself.

Also, different children require different approaches of instituting discipline and as such parents should seek the best method which suits their kids. However, while instituting discipline in kids is vital, it may also lead to devastating effects on the entire life of the children and thus parents should be careful of the methods they use in ensuring that their kids are disciplined. Excessive use of force while disciplining kids may result to child abuse and this should be avoided. Introduction

Child discipline refers to the art of systematically giving instructions to the children to help them relate well with their friends and family, behave in a more agreeable manner and granting a child freedom of learning from his or her mistakes by the consequences of his or her decisions. Child discipline involves helping a child develop self discipline, a sense of accountability and also respect towards other people. Discipline should be separated from task performance. By the fact that a child can perform his or her tasks well should not be taken to mean that he or she is disciplined.

Discipline has more to do with the behavior a child exhibits in certain situations rather than the ability to perform tasks. Heated debates have been rising as to whether instituting discipline is a form of child abuse and whether parents have the authority to discipline their kids as they may deem fit or necessary. While discipline is necessary for all children, it should be instituted in a manner that is beneficial to the children. Parents have no explicit authority to discipline their children using excessive force or crude disciplinary measures (Lenton, 1990).

The research paper will evaluate the importance of pking and privileges removal as forms of disciplinary measures. Child discipline As noted earlier, discipline involves helping and guiding the children to develop and exercise self control. However, most people are opposed to the idea that discipline is the key development factor of responsible persons in the future. Some of the children with good disciplinary backgrounds do not live to the standards they are taught in their early stages. Despite this argument, setting limits for the children and correcting any misbehavior is vital in developing a responsible person even in the future.

Most of the grown ups today attribute their discipline to the stringent measures which were taken on them when they were young. As such, child discipline is vital in ensuring that children grow to be responsible persons in their adult life. Moreover, vices and virtues are learnt and failing to discipline a child would lead to vices being enhanced in them. Discipline helps in development of healthy practices and virtues in the future. Instituting discipline is also very vital since it helps learn to develop health relationships with his or her family and friends.

How to deal with different temperaments is an aspect which is learnt and is thus not inborn. Accepting other people’s ideas and way of performing tasks requires deliberate effort which children lack and if not guided, they tend to be disrespectful. Children also believe that they must always have their ideas accepted and followed always. To remove such mentality, removing some privileges when a child does not do as expected is vital. Discipline is thus vital in ensuring thus such important values are learnt and adhered to.

Training a child to be disciplined thus helps him or her to learn how to deal with different kinds of personalities and situations. Most of the undisciplined adults in the society are as a result of lack of disciplinary measures while they were children (Telep, 1999). Discipline involves encouraging children by instructing and guiding them to appreciate themselves and influencing the way they regard themselves. Developing a person’s self esteem is essential in ensuring and enhancing the productivity and in determining successfulness of an individual. The future of the children is based on the kind of guidance they receive from their parents.

Discipline unlike the highly held believe is does not always negative. It can be instituted in a manner to enhance important characteristics. Commenting about a positive behavior about a child within his or her presence is one way of enhancing a behavior. When children are not disciplined well, they face challenges of self esteem as their behavior is often challenged by the society thus lowering their self esteem. Such individuals have problems while dealing with other people and tend to be insecure about their capabilities as well as those of other people.

Positive discipline is thus essential in improving the self esteem of a child and thus should be instituted. However, such credit should not be exaggerated to reduce the effects of overconfidence which may arise (Utay & Utay, 2005). The question of whether child discipline is a form of child abuse has been raising many debates of late. While most people agree that disciplining children is not a form of child abuse, some strongly feel that it is child abuse. Whether discipline is child abuse or not depends on the circumstance surrounding a certain case and the mode of disciplining a child is subjected to by his parents or guardians.

Moderate disciplinary actions may not amount to child abuse but extreme physical and psychological abuse may amount to child abuse. Spanking has been on the spot with most people arguing that this amount to a form of child abuse. However, it has its own advantages in instituting discipline (Gootman, n. d). Child abuse occurs when the force exerted when disciplining a child becomes too much. This is however ambiguous as how much force may amount to abuse depends on an individual’s view.

Discipline is however different from child abuse in that while discipline is meant to enhance positive behavior, child abuse leads to bodily harm and mental torture. In today’s world, most parents have branded discipline as abuse and that is why most of the children are arrested and are serving in the juvenile jails. Spanking for example has received negative publicity and even children are suing their parents for abuse. Spanking has been one of the most effective disciplinary measures in the past and has helped shape most of the lives of prominent persons.

Children fear to be pked and thus any behavior which may lead to such disciplinary acts are avoided. Spanking only becomes abuse when it is done in a manner deemed to be harmful to the child’s health and mental state or capability. However, the child should be made to understand the reason behind the punishment prior to its administration. A parent cannot claim to have been disciplining his or her child by injuring him or her. Despite the thin line between abuse and discipline, “effective” discipline does not amount to child abuse.

Disciplining children should not be viewed as punishing them or abusing them unless the effects of such actions are detrimental to the health and future development of a child. Discipline should be instituted on all children to help correct bad behaviors and to help shape their character (Telep, 1999). Discipline as mentioned above may amount to abuse if not carefully handled. However, parents can ensure discipline in their children without actually abusing them. One way to ensure that discipline does not amount to abuse is by using first setting limits for the children on what they can and what they cannot do.

Disciplinary measures to be taken should be enlisted thus ensuring the child understands the consequences of his or her behavior. Disciplinary measures which do not amount to abuse include acts like denying the child some rights after doing something wrong. A child may be denied a chance to go and play with other children if he or she does not do his homework. This is a form of disciplinary measure which does not raise issues of abuse (Lenton, 1990). Discipline may also be instituted using more positive means like encouraging a child to behave in a particular manner by rewarding or appreciating him or her.

Discipline unlike many parents believes should not always constitute the negative side. Discipline may also be attained through reinforcement of some good behavior. Also by discussing issues with the children may also help institute a sense of responsibility in them. Issuing orders and scolding to children passes the message that children are unable to think for themselves and this may lead to low self esteem. Instead, parents should encourage dialogue (Keep Kids Healthy, 2001). Despite the arguments that parents should not discipline their children as they may deem fit, this may apply is some instances.

Parents know their children better than anybody else and so they understand the different temperaments exhibited by these children. Different children require different forms of disciplinary action and thus the parent is the best person to decide what form of action is best for his children. Also children respect more what they are told by their parents and any deterrent act to reinforce discipline is bound to be taken seriously by the children. Most of the adults today remember tough measure being taken by their parents to institute discipline which helped in shaping their future lives.

Though measures taken by parents may at times seem harsh, they bear better fruits in the future and thus parents should have autonomy while instituting discipline on their children (Lenton, 1990). Conclusion Discipline is vital for any child as it helps raise a responsible person in the future and should be instituted by the parents. The question of discipline raises a lot of controversy regarding what constitutes sufficient disciplinary measures and what may amount to child abuse. Parents also face problems in deciding the best way to ensure discipline in their children without affecting their development or mental stability.

While pking was an effective method in the past, it is being ruled out especially by psychological experts arguing that it is not effective in ensuring discipline. More non-physical methods of instituting a sense of responsibility are being advocated today with dialogue and appreciation being highly preferred. However, one method may not be appropriate for all children. A parent should combine different methods and evaluate which one works for his children. Scolding, use of abusive language and physical torture should not be used for ensuring discipline as they affects the ego and self esteem of the children in the long run.

Reference:

Gootman, M. E. (n. d): How to Teach Your Children Discipline. Retrieved on 19th February 2009 from,

http://www.kidsource.com/kidsource/content/discipline.3.19.html.

Lenton, R. L. (1990): Techniques of Child Discipline and Abuse by Parents. Journal article of Canadian Review of Sociology and Anthropology, Vol. 27

Telep, V. (1999): Discipline for Young Children. Retrieved on 19th February 2009 from,

http://www.ext.vt.edu/pubs/family/350-110/350-110.html.

Utay, J. & Utay, C. (2005): Improving Social Skills: A Training Presentation to Parents. Journal article of Education, Vol. 126

1.1 Explain the policies, procedures and practices for safe working with children and young people.

The 2nd Joint Chief Inspectors Report defined safeguarding children and young people as the act of taking reasonable measures to ensure that the threats of harm to children & young people’s welfare are diminished by all those who work with children. The document expressed that all agencies involve with the provision of services to children and young people should take appropriate actions to raise and address issues of concerns whilst working to agreed local policies and procedures established by Local Safeguarding Children Board, and in partnership with other local agencies to safeguard a child or young person. (CQC archive (2005)).

Safeguarding Children

The second joint Chief Inspectors’ Report on Arrangements to Safeguard Children. In short all those that work with children & young people have a duty of care to safeguard and promote their wellbeing.

Children & Young People’s Safeguarding Guidelines and Legislations

The Children Act 1989

This act was introduced to a paramount issue whereby parents are responsible for ensuring the safety of their children and local authorities are charged with the duties of identify children at risk of harm and to safeguard and promote their welfare. This act places responsibility on all agencies including those providing services for adult to protect children and young people.

The Children Act 2004

This act saw the creation of the Local Safeguarding Children’s Board, for local government to enforce children’s safeguarding and to investigate alleged cases of abuse. The Act stipulates that though a service might cater to the needs of adults, its staff has the duty of care to safeguard all the children and young people they come in contact with. The act places a burden on all agencies that works with children to work collaboratively in raising concerns and addressing allegations of abuse.

• The Every Child Matters Green Paper.
• This guidance was introduced to improve outcomes for children and young people in the following 5 areas as a result of the serious case review into the death of Victoria Climbie Being healthy
• Staying safe.
• Enjoying and achieving.
• Making a positive contribution.
• Achieving economic well-being.

Working Together to Safeguard Children (2010)

This act emphasis on the need for individuals and inter-agency to work jointly to safeguard and promote the welfare of children & young people as stipulated by the Children’s Act 2004. The act stresses the importance for practitioners working with children & young people to be aware of their responsibility and be competent in their duties.

Safeguarding Disable Children (2009)

Due to the vulnerability of disable children as they are dependent on others for their personal care and are perhaps prone to being isolated socially through bullying, the act ensures that there are robust complaints and representations measures in place that are accessible to disabled children and their families across all agencies. The act seeks to ensure that all staff working with disable children are adequately trained to safeguard and guarantee the well-being of their service users. (Department for children schools & family (2009) Safeguarding disabled children

Practice guidance

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/190544/00374-2009DOM-EN.pdf (accessed 22/08/13).

The Protection of Children Act 1999

This act introduces the concept of pre-employment screening to prevent those who are unsuitable to work with children from being employed through the following checks. verifying identity:

• verifying the right to work in the United Kingdom (UK).
• confirming employment history and qualifications.
• verifying criminal record.

Safeguarding Vulnerable Groups Act 2006

This act reinforces the need for employers to screen potential employees to ensure that they do not pose a threat to the safety and welfare of children & young people along with vulnerable adults. An essential aspect of this act is that it stipulates employers duty to conduct on going suitability checks instead of one-offs checks to identify those who commit an abuse during their employment.

The Children and Young Person Act 2008

Though children under the age of 16 are assume to lack capacity to consent, young people 16 and over are able to give consent. This act ensures that children and young people’s voice are heard in relation to all decisions patting to the provision of their services. It certifies transparency in the quality of care given by agencies, the act safeguards the stability of children by ensuring that they are placed in suitable accommodations that promotes their safety and welfare.

The act provides supports to young adults leaving care and to ensure that they are not forced out of state funded care facilities before they are ready. (National archive (2013) Children & Young Person’s Act 2008 http://webarchive.nationalarchives.gov.uk/20100202100450/dcsf.gov.uk/everychildmatters/publications/childrenyoungpersonsact2008/ (accessed 22/08/13).

2.1 Describe the possible signs, symptoms, indicators and behaviours that may cause concern in the context of safeguarding

According to information published by the NSPCC there are four types of child abuse which are described in the below table (NSPCC (2010) Child Protection Fact Sheet http://www.nspcc.org.uk/inform/trainingandconsultancy/consultancy/helpandadvice/definitions_and_signs_of_child_abuse_pdf_wdf65412.pdf (accessed 22/08/13).

Type of Abuse

Physical sign
Behavioural Indicator

PHYSICAL ABUSE

1. Unexplained bruising, marks or injuries on body
2. Bruises which reflect hand marks or fingertips (from slapping or pinching) Cigarette burns
3. Bite marks
4. Broken bones
5. Scalds
6. Fear of parents being approached for explanation
7. Aggressive behaviour or severe temper outbursts
8. Flinching when approached or touched
9. Reluctance to get changed, for example wearing long sleeves in hot weather
10. Depression
11. Withdrawn behaviour
12. Running away from home

EMOTIONAL ABUSE

1. A failure to thrive or grow
2. Sudden speech disorders
3. Developmental delay, either in terms of physical or emotional progress Neurotic behaviour, e.g. hair twisting, rocking
4. Being unable to play
5. Fear of making mistakes
6. Self harm
7. Fear of parent being approached regarding their behaviour

SEXUAL ABUSE

• Pain or itching in the genital/anal areas
• Bruising or bleeding near genital/anal areas
• Sexually transmitted disease
• Vaginal discharge or infection
• Stomach pains
• Discomfort when walking or sitting down
• Pregnancy
• Arrange marriage
• Sudden or unexplained changes in behaviour, e.g. becoming aggressive or withdrawn Fear of being left with a specific person or group of people Having nightmares
• Running away from home
• Sexual knowledge which is beyond their age or development age Sexual drawings or language
• Bedwetting
• Saying they have secrets they cannot tell anyone about
• Self-harm or mutilation, sometimes leading to suicide attempts Eating problems such as overeating or anorexia

NEGLECT

• Constant hunger, sometimes stealing food from others
• Constantly dirty or ‘smelly’
• Loss of weight, or being constantly underweight
• Inappropriate dress for the conditions
• Complaining of being tired all the time
• Not requesting medical assistance and/or failing to attend appointments Having few friends
• Mentioning their being left alone or unsupervised

2.2 Describe the actions to take if a child or young person alleges harm or abuse in line with policies and procedures of own setting

In situations where I am Concerned about a child’s safety I will Take the following actions Listen to the child’s allegation & respect his/her point of view reassure the victim

clarify information without over questioning;
make a written statement of their allegation or support them with writing it down Explain my duty of care to ensure their safety and if the information shared suggested that they are being abuse I have to share it with the relevant people (only those that needs to know) Explain the safeguarding process consult with manager immediately
Record all relevant steps taken.
The below chart is a flow chart for refereeing allegations of abuse to the local safeguarding board

2.3 Explain the rights that children, young people and their families have in situations where harm or abuse is suspected or alleged

Under the Children’s Act 1989 and the Human right Act 1998, children and young people have the right to be protected from significant harm. In cases of alleged abuse the initial step should be protecting the children by removing them from the environment where the abuse occurred, and taking actions to investigate the allegation so the perpetrator could be prosecuted. The storing and processing of personal information about children and young people is governed by the Data Protection Act 1998, which states an individual has the right to privacy and for their personal sensitive details to be held confidentially.

The European Convention for the Protection of Human Rights and Fundamental Freedoms also declare that children & young people have a right to privacy. The data protection act provides guidelines on the safe processing and sharing of confidential details. An aspect of the data protection act is to seek the consent of the individual for their information to be used, as children & young people under the age of 16 are presumed to lack the capacity to give consent, their advocate will have to consent on their behalf. There are various legislative guidelines and best practice tools promoting joint delivery of service in safeguarding adults, it is inevitable that information recorded by one agency will be shared with other professionals.

In such situation the guidelines issued by the data protection act should be adhered to, not only to maintain the rights of the vulnerable child but to also maintain the privacy of the family (siblings parents etc). The protection of children which is public interests out-weighs the family’s right to privacy, and as such information about the family might be shared amongst agencies when investigating allegations of abuse.

Research Question

To what extent do human rights play a role in the application of the provisions of the Mental Health Care Act 1983 to children aged 16 – 17 years, should parental rights be afforded greater importance or are the provisions of legislation aligned with the objectives sought to be achieved by the import of human rights into English law. Are these rights justifiably limited, if at all?

Research Objective

To determine whether the provisions of the national legislation are attune to the requirements of human rights with regards to all relevant factors considering all relevant parties and in doing so to discover the purpose of the legislation and how this has been interpreted by the courts with regards to the relevant parties. The adequacy of the remedies available to parties presents an important objective of this research allowing for discussion of the potential horizontal applicability of these rights generally.

Methodology

The research methodology used will be qualitative in nature relying primarily on interpretation of primary sources such as common law and the relevant international case law.
The research will also examine secondary sources of information such as journal articles, textbooks and case notes to interpret and give content to common law and human rights articles.
This will then be analyzed in terms of the research objective.
A purposive approach to interpretation of these sources will be adopted in order to make connections between the human rights protected implicitly by the relevant legislation, regulations and case law. E.g. the competency requirements of the legislation protecting the autonomy rights of a child.

Outline & Literature Review

Introduction

Introduction to the topic as well as a definition of the parameters of the research – i.e. what the research will cover. A background to the topic including the relevant developments in legislation with regards to the Mental Health Act 1983 and the corresponding responsibilities of included in the European Convention of Human Rights, the Human Rights Act 1998 and the Equality Act 2010. The Code of Practice will also be included briefly to outline the relevance of the Zone of Parental Control (ZPC) and how this is applicable to s131 specifically and the Mental Health Act generally. Emphasis will be placed on purposive interpretation of the legislation through the common law and judgments of the European Court of Justice. This purposive interpretation invariably emphasizes the common thread of what is in the best interests of the child.

Human Rights Framework

Examination of the competing human rights involved in the mental health legislation relating to children generally. This refers to human rights legislation of both the United Kingdom and the relevant international human rights conventions (European Convention of Human Rights and various United Nations conventions on the social and political rights of a child and family). The right to liberty, privacy, equality and dignity of the child on one hand, and the right to respect for family life form the foundation of the competing considerations of this research. The right to liberty corresponds with the child’s (aged 16 – 17) rights to make decisions regarding their welfare and autonomy, whilst the right to respect for family life is the right of the parent (or those with parental rights) to make decisions regarding the upbringing and care of their ward. How one may balance competing human rights taking account of lawfulness, legitimacy, necessity and proportionality.

The Right to Liberty and Competence

The content of the right to liberty in the context of the mental health act with a limitations analysis including an examination of the case law. Brief explanation of the Gillick competency and Fraser guidelines focusing specifically on the concept of a sliding scale of capacity for competency as a child reaches maturity. The emphasis on these competency guidelines will serve as an explanation of the basis of s131 – that the child has the capacity for autonomy in this regard due to an advanced mental state akin to that of a major. Exploration of how this presumption of competence for children aged 16 – 17 operates with a limitations analysis including the importance of this presumption for the enforcement of the right to liberty. This will include discussion of the rights to privacy, dignity and equality as necessarily linked to liberty.

Parental Rights

A brief explanation of the operation of the zone of parental control as revived by the Code of Practice and how this enforces protection of these rights. The purpose of parental rights i.e. what is in the best interests of the child and how this purpose may be infringed by the operation of s131. A critique of the Gillick competency and Fraser guidelines as they apply to 16 – 17 year olds – why these may not be appropriate for the assessment of this age group. For the purposes of committal to a mental health care facility, parental rights should perhaps be afforded a greater weighting of consideration due to the nature of the issue involved and the complex cognitive nature of mental health. A common law and international case law analysis of the limitations of parental rights with a purposive interpretative approach.

Limitations Analysis

An examination of these competing considerations with strong emphasis on the case law and purpose of the legislation as determined by case law. This will also determine the appropriateness of the competency guidelines. This limitation of rights of both parties is justifiable, however with the recommendation that the application of this presumption be emphasized as rebuttable which may include legislative amendment.

Breaches and Remedies

Discussion of the horizontal and vertical applicability of these rights and who may have a claim for the breach of the legislative sanctions, i.e. the state, private healthcare institutions, public healthcare institutions, parents, guardians and the child themselves. The nature of a breach of these provisions – civil or criminal sanctions e.g. unlawful imprisonment. Remedies, including the damages. The trouble with human rights remedies is that they often serve a broader societal purpose such as a declaratory order clarifying interpretative issues and application of the right, however these often do not present satisfaction for the claimant.

Other Considerations

Due to the intricate nature of this topic and the complex relationship with other surrounding issues –such as competing human rights (privacy, dignity and equality), the zone of parental control, competency and capacity issues –certain issues will only be superficially examined for explanatory and analytical purposes rather than academic contribution.
Specifically with regards to the related human rights, there is much jurisprudence on the nature of these considerations as values inherent in all rights (the values of dignity and equality rather than a specific right thereto), this discussion is noted however will not fall within the parameters of the dissertation.

References

1. Code of Practise: Mental Health Act 2008
2. Equality Act 2010
3. European Convention of Human Rights
4. Gillick v West Norfolk & Wisbech Area Health Authority [1985] UKHL 7
5. Human Rights Act 1998
6. Mental Health Act 1983
7. Wheeler, R. ‘Gillick or FraserA plea for consistency over competence in children: Gillick and Fraser are not interchangeable’, [2006] British Medical Journal, 332, 807
8. Gillick v West Norfolk & Wisbech Area Health Authority [1985] UKHL 7; Wheeler, R. ‘Gillick or FraserA plea for consistency over competence in children: Gillick and Fraser are not interchangeable’, [2006] British Medical Journal, 332, 807

Introduction

There are many aspects to how children become successful learners. Many ideas need to be considered when answering a question such as this. These include different learning theories such as behaviourist theory, humanist theory and constructionist theory along with this there will be different theorists that also need to be taken into account, these are Pavlov, Rogers, Piaget, Bruner and Vygotsky, these theorists all look at how children learn in different ways. Social and emotional aspects of learning (SEAL) is also an important part of how children become successful learners. Also how play can help children learn. Finally what needs to be considered are the barriers of which children come across when learning.

There is not a universal way to describe what learning it; many people describe it in different ways. One way in which it has been described is “Learning is an enduring change in the mechanisms of behaviour involving specific stimuli and/ or responses that result from prior experience with similar stimuli and responses.” M. DomJan, 1998, pg 13.

Behaviourists believe that children learn by changing their behaviour. Behaviourist learning theory is based upon changes in behaviour. Behaviourists believe that people start off with a clean slate and then behaviour is learnt through positive and negative reinforcement. “Learning is therefore defined as a change in behaviour in the learner. Lots of (early) behaviourist work was done with animals (e.g. Pavlov’s dogs) and generalized to humans.” Learning theories knowledgebase, accessed 15/3/11. Pavlov’s theory was classical conditioning. He believed that you learn by a conditioned response. He did an experiment with a dog in which he used and unconditioned stimulus, which in this case was food, this produced an unconditioned response which was salivation; he used a condition stimulus which was a bell to achieve the response of salivation. He eventually found that the food was not necessary to achieve the response that was wanted and that just using the stimulus alone gave the conditioned response. Therefore if children are given the right negative and positive reinforcement at the right time they can become successful learners.

The humanistic theory looks at the natural desire that everybody wants to learn. They believe that learners need to be able to control what they are learning for it to be self-learning. They believe that “the teacher relinquishes a great deal of authority and becomes a facilitator.” Atherton J S (2011) – accessed 15/3/11. Rogers is one of the theorists associated with the humanistic theory. Rogers believes that learning can be divided into two categories. He believed that there is the learning of useless information that is easily forgotten as it has no meaning. He says “education becomes the futile attempt to learn material that has no personal meaning. Such learning involves the mind only. It is learning that takes place from the neck up and does not involve feelings or personal meanings; it has no relevance for the whole person.” C, Rogers, 1983, pg 19. The other is significant and meaningful learning. If a child is interested in what they learn they are more likely to learn. This is because they are going to be listening to what is being taught. Also if a teacher is more of a facilitator the child is learning what they want to learn and having the achievement of accomplishing a task for themselves. If what they are learning is personal to them they are more likely to want to learn the information. Thus ensuring the child is becoming successful in their learning.

Another theory on how children become successful learners is constructionist theory. This is split into two categories the first being cognitive constructionist. Piaget believed in fixed stages of development whereas Bruner believed in similar stages but these were flexible. Piaget’s stages consisted of sensorimotor, preoperational, concrete operations and formal operations. The first stage is from birth to age two. At this stage children cannot see other people’s viewpoints. Piaget has split the first stage into six sub stages these are simple reflexes, first habits and primary circular reactions, secondary circular reactions, coordination of secondary circular reactions, tertiary circular reactions, novelty, and curiosity; and internalization of schemes. The first sub stage is from birth to one month, a baby uses reflexes such as sucking and rooting. The next sub stage is first habits and primary circular. This continues from the first stage and finishes at around four months. This is where a child tries to do an action they had previously done by accident. For example a child sucking their thumb, a baby puts their thumb in their mouth for the first time by accident and will come to learn how to do it again. The third stage is secondary circular reactions, this happens until the baby is eight months. A baby will start to look further than themselves, becoming aware of objects for example. An example of this is when they shake a rattle and continue to do so for the sake of doing it because they can. The next sub stage is until twelve months. They are starting to do things intentionally now rather than by accident. The fifth sub stage is from twelve month until a child is eighteen months old. A child is now starting to try out new things to see what different results they can achieve. Finally in the last of this stages sub stage Piaget says that they are now starting to have symbolic thinking. The next stage after a child is two is preoperational and this stage continues until a child is seven. “The child is not yet able to conceptualize abstractly and needs concrete physical situations. Objects are classified in simple ways, especially by important features.” Learning Theories Knowledgebase 17/3/11. The next stage is concrete operations this stage is from the age of seven to eleven. At this stage a child can now start to think logically. The final of Piaget’s stages is the formal operations this stage finishes at eleven. Children can now have hypothetical reasoning and has now got the ability to have abstract thinking. Piaget says these are fixed, however not all children are the same therefore this cannot be as simple as what Piaget is saying. Children develop at different times and also children learn at different paces. Children have different learning experiences therefore they will learn different things and in different ways. Piaget believes that a child learns by doing, therefore while a child is in a lesson it is essential that they get to do the task rather than just having a text book as they will not learn as they are not doing anything to help them learn.

The second part to constructionist theory is social constructionist theory. Vygotsky is a theorist who looks at this. Vygotsky developed a theory on zone of proximal development. Vygotsky explained this as “the child is able to copy a series of actions which surpass his or her own capacities, but only within limits. By means of copying, the child is able to perform much better when together with and guided by adults than when left alone, and can do so with understanding and independently. The difference between the level of solved tasks that can be performed with adult guidance and help and the level of independently solved tasks is the zone of proximal development.” Vygotsky, 1983, pg 117. Vygotsky said that there is a difference between what a child can do by themselves and what they can do with someone as a facilitator. He said that “each child, in any domain, has an actual developmental level, which can be assessed by testing him or her individually, and an immediate potential for development within that domain.” Luis C. Moll (1990) pg, 156. Vygotsky suggested that it is not just the teachers who are able to be the facilitator it is also a person’s peers. Vygotsky is saying that a child may not be able to reach the goal that has been set but with a little help the child can become successful in the task that has been given. If this happens they will then next time not need the help that they needed the first time around as they have already learnt the new skills that they needed for that task.

When looking at successful learners you need to look at children’s social and emotional needs. There has been a new initiative from 2005 in primary schools and 2007 in secondary schools. SEAL is described as “a comprehensive, whole-school approach to promoting the social and emotional skills that underpin effective learning, positive behaviour, regular attendance, staff effectiveness and the emotional health and well-being of all who learn and work in schools” (DCSF, 2007, p.4). Ensuring that children’s social and emotional needs are met can help with a child’s learning. SEAL helps promote social skills as well as emotional skills these are “Social and emotional skills are the skills of making positive relationships with other people, of understanding and managing ourselves and our own emotions, thoughts, and behaviours, and understanding and responding to the emotions and behaviour of others, in ways that are in the best long-term interest of ourselves and others.” nationalstrategies.standards.dcsf.gov.uk accessed 20/3/11.

SEAL is important for children as a child who is socially and emotionally competent is a happier child within them self. If a child is happier they are going to learn more as they are not going to be pre-occupied with other things that may be on their mind as they will be able to cope with emotional aspects of their life. The lessons could also make the child calmer which means they can avoid conflict within normal lesson helping them and others to learn more as they will not have the distractions.

The SEAL programme is based upon Goleman’s five- fold categorisations. These are self awareness, Managing feelings, Motivation, social skills and Empathy. The first of his categorisations is self-awareness this is where a person values them self and can describe their thoughts feelings and beliefs. Also the person can talk about their own strength and weaknesses. If a child knows this, this can help them to learn. They can understand what their weaknesses are and can build upon this. They know what strengths they can use to build learn about their own weaknesses. Also managing feelings can help someone learn if a person knows their own feelings they can learn to control this and become a calmer learner. It can stop a child from becoming frustrated when trying to learn a new skill and instead work through what they need to do. Motivation is also a key part in a child’s learning. This is “Working towards goals, and being more persistent, resilient and optimistic. When we can set ourselves goals, work out effective strategies for reaching those goals, and respond effectively to setbacks and difficulties, we can approach learning situations in a positive way and maximise our ability to achieve our potential.” Department for education and skills, 2007- accessed 20/3/11. If a child can set them self a goal they will be able to achieve a lot more as they have something to aim for. Children will be able to learn better if they have an achievable goal for them self. Social skills is another of Goleman’s categorisations, this is where a child has the efficient skills to communicate with people. This can make successful learners as having these skills can reduce negative feelings and also stop children having distraction while in a learning environment. Also having interaction with other people can improve a way a person learns as they are a happier people and will want to learn more. Finally his last categorisation is empathy; this is where people can understand other people’s thoughts and feelings. This helps with a child’s learning as it helps children to learn about cultural diversity. The SEAL programme has improved children’s learning. “The SEAL pilot programme has demonstrated, in Ofsted’s view, that schools can make a positive difference to the development of social, emotional and behavioural skills. In the schools where the programme was most successful, it had begun to influence attitudes to learning as well as aspects of behaviour” www.teachingexpertise.com accessed 20/3/11.

Bibliography

Department for Children, Schools and Families (2007). Social and emotional aspects of learning for secondary schools. Nottingham: DCSF Publications.

Domjan,M (1998). The Principles of learning and Behaviour. Pacific Grove: Brooks/Cole.

Luis C. Moll (1990). Vygotsky and education. New York: Cambridge university press

Rogers, C (1983). Freedom to learn. Columbus: Charles, E. Merrill

Vygotsky, L, S (1983). The psychology of the written language: Developmental and educational perspectived. New York: Wiley

Learning Theories Knowledgebase (2011, March). Behaviorism at Learning-Theories.com. http://www.learning-theories.com/behaviorism.html

Learning Theories Knowledgebase (2011, March). Stage Theory of Cognitive Development (Piaget) at Learning-Theories.com. http://www.learning-theories.com/piagets-stage-theory-of-cognitive-development.html

Atherton J S (2011) Learning and Teaching; Humanistic approaches to learning [On-line: UK] retrieved 23 March 2011 from http://www.learningandteaching.info/learning/humanist.htm

http://nationalstrategies.standards.dcsf.gov.uk/node/66431

Department for Education and skills. (2007). Social and emotional aspects of learning. Available: www.teachernet.gov.uk/publications.

www.teachingexpertise.com accessed 20/3/11

A traditional approach to child development study has been to emphasis “Normative Measure”. This is concerned with studying milestones or stages in a child’s development and show what most children can do at a particular age. In reality there is a wide range of normal development and this will be influenced by genetic, social, and cultural factors, so it is important to be aware that normative measures can only indicate general trends in children s development.

Physical Development

By 6 months a child will:

• Turn their head toward sounds and movement
• Watch an adult’s face when feeding
• Smile at familiar faces and voices
• Reach up to hold feet when lying on their backs
• Look and reach for objects
• Hold and shake a rattle 0 put everything in their mouths

Between 6 months and 1 year:

• Move from sitting with support to sitting alone
• Roll over from their tummy to their back
• Begin to creep, crawl or shuffle on their bottom
• Pull on or push against adult hands or furniture to reach a standing position
• Raises arms to be lifted Turn and look up when they hear their name Pat and poke objects when playing
• Pass objects from hand to hand
• Look for things that have been hidden or dropped
• Reaches hand towards source of food

Between one and two years:

• Begin to walk Sits alone indefinitely feed themselves
• Push and pull toys while walking
• Wave goodbye
• Point or make noises to indicate wants
• Enjoy a picture book u snake nana Tort ‘No’ Uses thumb and first two fingers to grip Bangs objects together
• Crawl upstairs stoops to pick things up from the floor
• Builds tower of few bricks
• Holds crayon in palm and makes marks on paper

Between two and three years:

• Kneels to play
• Throws
• Kicks ball
• Builds larger brick tower
• Pour liquids
• Uses pencil to make marks and circular scribbles

Three years:

• Jumps with feet together walks on tip toes
• Walks up and down stairs catches a gently thrown ball
• Climbs with increasing confidence
• Paints
• Threads beads on a lace
• Gains control over eating tools

Four years:

• Pedals
• Throws with aim
• Uses scissors
• Holds a pencil and can draw people/houses

Five years:

• Hops
• Kicks with aim
• Catches ball
• Handles pencil
• Walt control
• Copy shapes and write some letters
• Sews stitches

Six to seven:

• Skips
• Rides bicycle
• Jumps from height
• Climbs confidently
• Writes
• Threads needle can do buttons, shoe laces

Seven to twelve:

• Run, Jump, skip, hit a ball, climb and swing
• Enjoy playing team games by age eight
• May misjudge their ability before age nine
• Twelve to nineteen
• Young people will see many physical developments changing the appearance of their bodies. Everyone’s rate of growth is different.

During adolescence, coordination and strength increase greatly and by age 19 or 20 the adolescent has full adult motor capacities Adolescence for boys usually begins later than for girls and usually occurs around fourteen years of age. However, at the end of this growth period, boys are usually bigger than girls. Boys at this age are beginning to develop sex characteristics such s deep voices and body hair and also experience muscle growth and start to take on a manly physique. Testicle and scrotum growth begins in early to mid-puberty. Penis growth starts a bit later but continues for a longer period. Girls Girl’s breasts gradually begin to swell. Her pubic hair will begin to grow, darken and become curlier.

Their bodies become more rounded, developing the curves of womanhood. By 13, some girls are almost physically mature, but there are wide variations in the ages when puberty begins and ends. A few girls may begin to develop as early as 8 and others may show no obvious changes until late teens. The average age of the onset of menstruation is around 13. Some girls have reached full physical maturity by the age of 14 or 15 and some are only beginning the process Depending on the age of pubertal onset, the teenage girl may be almost physically mature at 15 and is likely to be close to her full adult nee gnu seen may nave a woman’s Tuttle, although n near Treats become fuller.

Social and Emotional Development

Newborn to months:

• Responds to adults especially mothers face and voice
• Smiles, concentrates on adults face during feeding Ana Nils may still
• Very dependent on adults for reassurance and comfort, quietest when held and cuddled
• Enjoys Company of others and games like peek-a-boo
• Shows affection to known career, but shy with strangers

Between one year and two years:

• Likes to please adults and to perform for an audience
• May become anxious or distressed if separated from known adults
• May use comfort object
• Mostly cooperative and can be distracted from unwanted behavior
• Plays alongside other children
• Developing sense of own identity, wanting to do things for self
• Demanding of adult attention, Jealous of attention given to others, reluctant to share playthings or adults attention
• Acts impulsively, requiring needs to be met instantly, prone to rusts of emotion tantrums
• Enjoys playing with adult or older child who will give attention, beginning to play with others of own age for short periods

Three to four years:

• Becoming more independent and self motivated
• Feels more secure and able to cope with unfamiliar surroundings and adults for periods of time
• Becoming more cooperative with adults and likes to help
• Sociable and friendly with others, plays with children and more able to share
• Beginning to consider the needs of others and to show concern for others

Four to seven years:

• Makes friends but may need help in resolving disputes U developing unreasoning AT rules, Outs II t I Tints turn helping others and taking responsibility -taking 01 t u Enjoys
• Learns lots about the world and how it works, and about people and relationships
• Makes friends (often short-term) and plays group games
• Needs structure and a routine to feel safe
• Being able to sympathies and empathic makes this age an important time for moral development.

Seven to Twelve years:

• Becoming less dependent on close adults for support – able to cope with wider environment
• Enjoys being in groups of other children of similar age, strongly influenced by peer group
• Becoming more aware of own gender
• Developing understanding that certain kinds of behavior are not acceptable and why and a strong sense of fairness and Justice
• Want to fit in with peer group rules
• Start to form closer friendships at about eight years old
• Like to play with same- sex friends
• Need adult help to sort out arguments and disagreements in play Ocean be arrogant and bossy or shy and uncertain

Twelve to Nineteen: The teenager may become self-conscious as changes in their body shape take place, dour occurs and possibly acne develops as a result of oilier skin. So, more than anything, they need reassurance. Emotional maturity is constantly shifting, moving them between childish needs and adult desires. They aren’t Just being awkward for the sake of it. Their bodies and emotions are experiencing drastic changes.

The teenager is preparing for independence and beginning the move away from parents and close careers towards their peers. They become less concerned about adult approval and turn instead to their friends. Many teens develop very close friendships within their own gender. Most also develop an intense interest in the opposite sex. They see security in group-acceptance and follow peer group dress and behavior codes. Having the same ‘labels’, collecting the same items and playing the same computer game etc. Are very important. Taken out of the emotional security provided by family, they are subject to all the whims of their peers, including potential rejection.

Language Development

Between O and One year:

• Makes a variety of “happy’ sounds
• Will respond to variety music and other sounds Beadles watch movements tenet careers race especially teen mouth n Ana try to copy
• Its Babbling sounds begin
• Baby will make four or five different sounds and will turn its head towards the source of sounds
• Will show feelings by squealing with pleasure or crying
• Laugh and chuckle to show enjoyment
• Move from using single words to putting them together as a phrase
• A child will understand key words in the sentences used
• In the second year children start to understand the use of conversation and begin to copy careers
• Children’s understanding outstrips their ability to express themselves 0 by two they could be using anything from 30 to 150 words
• Put words together into a sentence
• Begin to ask questions what? Why?
• Can scribble and make marks n paper with a crayon
• Start to use pitch and tone
• May start to use the past tense
• Vocabulary extends towards 1000-1500 words
• Marks made with crayons become more controlled

Four to five years:

• Grammar is becoming more accurate
• Children’s questions become more complex
• More able to use language to communicate their own ideas
• Understand that books are a source of pleasure and use pictures to help them follow the story
• May begin to recognize their own name and a few frequently seen written words
• They can hold a pencil steadily and copy shapes and form some lettering

Five to seven years:

• Fluent speaker able to make up stories can Enola Dodos well
• Understand that text carries meaning
• Recognize an increasing number of letters linking them to sounds
• Will need help in tackling the complexities of spelling
• Vocabulary will grow if adults introduce new words and new ways of using language
• Speak fluently and describe complicated happenings
• Read out loud
• Know the different tenses and grammar

Twelve to Nineteen years: A teenager’s constant sarcasm and supposed witticisms can become irritating, but they are Just testing their new, sophisticated language skills. They may also develop n interest in satire and other slightly off-beat forms of humor.

Their logical thinking ability is also maturing and they may enjoy practicing their new intellectual and verbal skills through debating, either formally or informally

Cognitive Development

Between O and 3 years:

• Beginning to realist others are separate beings from themselves
• Imitates others and tries out ways of behaving in play
• Becoming more confident but still needs adult reassurance
• Learns through senses
• Likes to repeat same behavior

Three to four-years:

• Understand two or three simple things to do at once, e. G. ‘Fetch a glass of water, vive it to your brother and take the empty glass back to the kitchen’ 0 Sort objects by size, and type, e. G. Animals, or by color or shape
• Begin to understand about sameness and difference in various aspects of life
• They begin to understand that differences can exist side by side

They can begin to see different perspectives on the same subject, for example the same amount of water can look different in different containers seven to levee years:

• Will read to themselves
• Will take a lively interest in certain subjects by nine

This is a time of maturing of the mind and behaviors as young people develop more accessibility for their thoughts, words and actions and start to think ahead to future occupations, marrying, and having children of their own. During adolescence, the primary tools for knowledge acquisition are the ability to make connections between different pieces of knowledge and being able to make connections with the world as they see it. The pace of development is dependent on how much guidance is given with regard to helping the brain to make the connections between knowledge and practical application in daily life. The more support they receive the faster their pace of growth will be.

But do these differences exist? Of course they do. The differences can be  overcome by conscious diligence to a large extent. These days we see quite a few  good women drivers, for instance.

But are these differences only sociological, or are they fundamental to our  existence? That is, are they created by society, or do they exist even when the  child is young? If they do exist, then how are they incorporated in primary school  learning? Do teachers note that a girl observes different things, as against a boy,  when given the same toy? Or are the observations same?If there is a  fundamental difference, then is this difference incorporated when we device  various play way techniques in teaching children till the age of 8 years? According to Oscar Negt and Alexander Klug, the development of a children’s  public sphere that resists the arbitrary societal control of children, which  depends on market forces. They maintained that education in the western world tends to reduce human beings to their productive functions within the capitalist  labour process that involves performance at every level not only to sell one’s  labour but also one;s mind and disposition.In contrast, Negt and Kluge proposed  that, ‘if they are to realize their specific form of sensuality, to fulfill themselves,  children require a public sphere that is more spatially concerned than to adults’  (Kluge, 1993). When we talk of a public sphere, should it include gender  differences, if there are any? There is a general observation that girls play lesser videogames than boys do. But why is that Online video games like Pixie Hollow, Barbie Girls, Ty Girls, E?Pets, Neo Pets, American Girl and Bellasara are popular amongst girls? Amy  Peterson Jensen, and McKay Jensen analyse how these games use Wickstorm’s  Brandscaping (Wickstorm , 2007) to analyse the how the games psychologically  align with the consumer and the content offered (Amy Peterson Jensen, 2010). There are similar studies By Brenda Laurel (Laurel, 2001), Ashley Wright  (Wright 2009) which discuss the fundamental character based differences that  lead to girls looking for different things in a game, than a boy. Michael Gurian, October 19, 2010) Michael Gurian studies how boys and girls  learn differently, and Leonard Sax’s analysis on how girls and boys are  cognitively different from birth (Sax, February 14, 2006).

These Studies reflect that there are fundamental cognitive differences between  boys and girls from birth. How these affect their play and subsequently their  learning skills is what I wish to study through this paper. [GENDER DIFFERENCES IN PLAY, AND IT’S IMPACT ON LEARNING AMONGST  CHILDREN UPTO THE AGE OF 8]  5Review of Literature Joan Almon, coordinator U. S Alliance for Childhood (Almon, 2008),  Remarks, ‘a tremendous Hudson is at work when children play; a kind of genius  guides them to play out the very scenes they most need for their growth and  development. I saw it over and over; in small ways and in large. It is a tragedy  that so many of today’s children have forgotten how to play and cannot access  this genius and wisdom within themselves. ’ She also talks of how children of  today can read and use computers and hi? ech machines and are so brilliant at  such a young age, but they find it difficult to relate strongly with human beings  or enter deeper spaces of play.

She comments that children today seem  impoverished in areas that matter. Oscar Negt and Alexander Kluge (Kluge, 1993) have also argued about the  importance of the development of a public sphere in children to fulfill  themselves. Almon discusses the importance of letting children play and understand their  bodies and environment in their own terms rather than manipulating their lives  for the benefit of institutions and corporations of the world.She has also quoted sociologist Roger Callois (Callois, 1961), ‘A game that is  esteemed by a people may at the same time be utilized to define the society’s  moral/ intellectual character, provide proof of its precise meaning, and  contribute to its popular acceptance of accentuating the relevant qualities’. This paper helps establish the importance of play in helping children learn and  develop. This paper helps understand the importance of breaking free from the  current institutionalized form in which children learn. It discusses that lea