Establishing trusting relationships with children

 

1​‌‍‍‍‌‍‍‌‍‌‌‍‍‍‌‍‌‌‌‍​.3 Explain the importance of establishing trusting relationships with children or young people who have experienced harm or abuse 2.1 Explain why it is important to take full account of a child or young person’s level of understanding when responding to a disclosure of harm or abuse 2.2 Explain how to avoid actions or statements that could adversely affect the use of evidence in future investigations or in court 2.6 Explain why records about disclosures of harm or abuse must be detailed, accurate, timed, dated and signed 3.1 Identify sources of information and guidance about how to support a child or young person who has experienced harm or abuse 3.2 Describe ways to support a child or young person to deal with distress, fear and anxieties caused by harm or abuse 3.3 Explain w​‌‍‍‍‌‍‍‌‍‌‌‍‍‍‌‍‌‌‌‍​hy a child or young person may need support to understand the implications of harm and abuse they have experienced 3.4 Describe positive coping strategies that a child or young person can be supported to develop following harm or abuse 3.5 Describe behaviour that a child or young person may exhibit that might give cause for concern following harm or abuse, and the steps to take if these are observed 4.1 Explain circumstances when restrictions need to be imposed on the involvement of key people following harm or abuse 4.2 Describe ways of supporting a child or young person to understand why safe and consistent boundaries for themselves and key people must be set and maintained 5.2 Explain when additional support might be needed for dealing with own thoughts and feelings about harm or ab​‌‍‍‍‌‍‍‌‍‌‌‍‍‍‌‍‌‌‌‍​use

 

 

Sample Solution

Establishing trusting relationships with children

There has been a growing focus on the relationships of children and young people in care. This emphasis stems from a number of developments. Firstly, there have been several investigations into the deaths of children living at home that are known to social services (Laming, 2003, 2009; Ofsted, 2011). Before they come into care, children and young people`s relationships are often fractured, chaotic, frightening, violent, and abusive. Being in care provides opportunities for children and young people to experience love, secure, stable and safe relationships. Throughout the different stages of their care journey, access to positive and meaningful relationships is likely to lead to better long-term outcomes for children and young people.

While such jurisdictions require amicus to have bona fide interest in the matter, our practice is that amicus ought to come into the proceedings on a foundation of neutrality; and by virtue of the express terms of the Constitution, parties with an interest in the proceedings are accommodated in the capacity of interveners.

Amicus participation is a matter of privilege, rather than of right. And “intervention” in a case, as provided under Rule 25 of the Supreme Court Rules, 2012 allows parties with sufficient interest in the matter to apply to be enjoined as interveners or interested parties. This avenue is set apart from that of amicus. As opposed to amicus, interveners have an interest in the rest of the suit, as to be affected by the resulting Judgment of the Court. Amicus curiae on the other hand, are “advisors to the Court”, and not to the parties, and are in no way bound by the resulting Judgment, except by way of precedent. Amici curiae cannot be perceived as an extension of the Court; and they are not to advance any party’s case, and ought not to extend their participation to the realm of interveners in any legal proceedings. The interposition of amici in judicial proceedings is terminated when they have put forward the points of law outlined in their amici brief.
There is, however, an exception in amicus interventions, in the case of advisory-opinion proceedings before this Court, as signaled in Re the Matter of the Interim Independent Electoral Commission, Sup. Ct. Const. Appl. No.2 of 2011. The absence of a live controversy in such proceedings opens a window for the amicus to steer the Court, by specific proposals, towards a definite legal position. The ultimate decision, however, lies with the Court.

In the High Court case, Justice Phillip K. Tunoi & Another v. Judicial Service Commission & 2 Others (op. cit) (at para.30), Mr. Justice Odunga had aptly observed, in relation to amicus status in Kenya today, thus:

“It is unfortunate that in this country, unlike in other jurisdictions with an advanced Constitution such as ours, we do not have in place comprehensive rules which govern the admission of persons as amici in legal proceedings

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