Domestic Violence, Family Law and School: Children’s Right to Participation, Protection and Provision

195 Pages·2013·2.778 MB·English

by  Maria Eriksson, Linnéa Bruno, Elisabet Näsman (auth.)

Domestic Violence, Family Law and School
Also by Maria Eriksson
FÖRÄLDRASKAPETS POLITIK. Från 1900-tal till 2000-tal (co-editor)
BARN SOM UPPLEVER VÅLD: Nordisk forskning och praktik (editor)
BARN, VÅLD, FAMILJERÄTT OCH KVINNOJOURSARBETE
BARNS RÖSTER OM VÅLD – ATT TOLKA OCH FÖRSTÅ (co-editor)
I SKUGGAN AV PAPPA. FAMILJERÄTTEN OCH HANTERINGEN
AV FÄDERS VÅLD
MÄNS VÅLD MOT KVINNOR OCH BARNS UPPLEVELSER:
INTERVENTIONER, KUNSKAPER OCH UTVECKLINGSBEHOV (co-author)
NÄR BARN SOM UPPLEVT VÅLD MÖTER SOCIALTJÄNSTEN – OM BARNS
PERSPEKTIV, DELAKTIGHET OCH GILTIGGÖRANDE (co-author)
TACKLING MEN’S VIOLENCE IN FAMILIES: Nordic Issues and
Dilemmas (co-editor)
Also by Elisabet Näsman
JAG; DEN ANDRE. Spelet mellan dej och mej och dom utstötta (co-author)
BARNS RÖSTER OM VÅLD – ATT TOLKA OCH FÖRSTÅ (co-editor)
NÄR BARN SOM UPPLEVT VÅLD MÖTER SOCIALTJÄNSTEN – OM BARNS
PERSPEKTIV, DELAKTIGHET OCH GILTIGGÖRANDE (co-author)
SAMHÄLLSVETENSKAP & VARDAGSERFARENHET. Teori,
praktik, etik (co-editor)
STÄMPLINGSPROCESSEN (co-author)
MAMMA, PAPPA, JOBB. Föräldrar och barn om arbetets villkor (co-author)
ETIK I FORSKNINGENS VARDAG (co-editor)
BARNFATTIGDOM. Om bemötande och metoder ur ett
barnperspektiv (co-author)
FRÅN SPARGRIS TILL KONTOKORT. Barndomens ekonomiska
SPIRALTRAPPA (co-editor)
MAMMA PAPPA UTAN JOBB (co-author)
ELEVVÅRD TILL VEMS BÄSTA (co-author)
FÖRÄLDRARS ARBETE & BARNS VILLKOR (co-author)
Domestic Violence,
Family Law and School
Children’s Right to Participation,
Protection and Provision
Maria Eriksson
Mälardalen University, Sweden
Linnéa Bruno
Uppsala University, Sweden
and
Elisabet Näsman
Uppsala University, Sweden
© Maria Eriksson, Linnéa Bruno and Elisabet Näsman 2013
Softcover reprint of the hardcover 1st edition 2013 978-1-137-28304-7
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First published 2013 by
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ISBN 978-1-349-44886-9 ISBN 978-1-137-28305-4 (eBook)
DOI 10.1057/9781137283054
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Contents

List of Figures and Tables vi
Acknowledgements vii
List of Abbreviations viii
1 Domestic Violence and Family Law Disputes
on the School Agenda 1
2 Children and Domestic Violence 17
3 Domestic Violence and Family Law 27
4 Social Issues at Pre-School and School 45
5 School in a Complex Field of Policy and Practice 60
6 The Impact of Family Law Proceedings 74
7 Children’s Vulnerability and Support at School 89
8 Pre-School and School Staff Strategies 107
9 Privilege and Marginalization 127
10 Children’s Rights to Participation, Protection
and Provision 142
Appendix A: Empirical studies 154
Notes 158
References 161
Index 182
v
List of Figures and Tables
Figures
7.1 Child and adult positions 102
8.1 Pre-school and school staff strategies 111
Tables
6.1 Hand-over arranged at pre-school/school premises
due to domestic violence (frequency and per cent) 81
6.2 Mediation of information between parents due to
domestic violence (frequency and per cent) 81
6.3 Children attending two pre-schools or schools
(frequency and per cent) 85
7.1 Children talking about domestic violence at
pre-school/school (per cent) 92
7.2 A parent without right to contact seeking out the
child at pre-school/school (per cent) 93
7.3 Violence or threats from a parent against the other
at pre-school/school (frequency and per cent) 94
7.4 Staff subjected to threats or violence by parents or
other adult next of kin (per cent) 95
A.1 Informants working in pre-school 154
A.2 Informants working in school 155
vi
Acknowledgements
We wish to thank everyone who has made this book possible by par-
ticipation in research projects or through comments and suggestions
on different versions of the text. Special thanks goes to Keith Pringle
for contributing to the improvement of the manuscript by engaging
in constructive dialogue about broader themes and key perspectives,
as well as careful consideration of important details. The research
project Children whose father is violent to the mother encounter the fam-
ily law: Vulnerable children as social actors in investigations regarding
custody, residence or contact was funded by the Swedish Crime Victim
Fund and the Swedish Council for Working Life and Social Research
(FAS). In addition to authors Eriksson and Näsman, the research team
consisted of Gunilla Dahlkild-Öhman at Uppsala University and
Jeanette Sundhall at Göteborg University. The project Family law pro-
ceedings and decisions in a school perspective – focusing children at risk:
A pilot study was funded by the Children’s Welfare Foundation Sweden
and the Swedish Council for Working Life and Social Research (FAS).
vii
List of Abbreviations
BO Barnombudsmannen [Children’s Ombudsman]
BRÅ Brottsförebyggande Rådet [Swedish Council for Crime
Prevention]
CAFCASS Children and Family Court Advisory and Support
Service
Dir. Kommittédirektiv [Parliamental commi ttee instructions]
FB Föräldrabalken [Parental Code]
FSR Familjerättssocionomernas Riksförening [Association of
Family Law Social Workers in Sweden]
GU Göteborgs universitet [University of Gothenburg]
HMICA HM Inspectorate of Court Administration
LU Lagutskottet [Civil Law Committee]
LVU Lagen med särskilda bestämmelser om vård av unga
[Special Regulations of the Care of Young People Act]
NACCC National Association of Child Contact Centres
NSPCC National Society for the Prevention of Cruelty to
Children
Ofsted Office for Standards in Education, Childrens Services
and Skills
ONS Office for National Statistics
Prop. Proposition [Governmental White Paper]
SCB Statistiska Centralbyrån [Statistics Sweden]
SOU Statens Offentliga Utredningar [Swedish Government
Official Reports]
SoL Socialtjänstlagen [Social Services Act]
UNCRC United Nations Convention on the Rights of the Child
viii
1
Domestic Violence and Family
Law Disputes on the School
Agenda
The father had been given single custody this time,
and the social services came here to fetch two chil-
dren. It was quite dramatic. It is tough when it
happens because … The other children get upset
as well [deep sigh] when they see what happens.
So … one has to be very careful. I could wish it
could take place somewhere else, than at school,
actually. (School head teacher, Sweden)
In most countries, children ‘do’ a large part of their childhood at
pre-school and school. They live a significant part of their lives at
these institutions. For children who experience problems in their
family, pre-school and school can offer relief in difficult life situa-
tions. At pre-school and school, children’s problems at home can be
made visible and support from school staff can help children to find
strategies to deal with their situation (e.g. Näsman and von Gerber,
1996; Openshaw, 2008; Øverlien et al., 2009). In most countries,
pre-schools and schools also have a responsibility to make child
protection agencies aware of cases in which the authorities may
have to intervene to protect and support a child, due to neglect or
some form of abuse. For all of these reasons pre-school and school
are very important institutions for children in difficult life situations.
However, pre-school and school can also be sources of difficulties,
due to, for example, problems in concentrating or problems in doing
home-work (e.g. Openshaw, 2008; Weinehall, 1997). Furthermore,
it can be a place associated with fear and pressure. Problems at
1