March 2003 -
Ref 333
Resolving the tensions in parenting policy
The Government has given a high priority to
parenting in its social cohesion and criminal justice agendas. This
study, by Clem Henricson of the National Family and Parenting
Institute, examines its record. She makes the case for a regular
policy review, and argues for a national debate as to whether there
should be an official statement of parents' rights and
responsibilities. Her review finds:
- Parenthood is a complex area and ambiguities
emerging in parenting policy reflect this. For example:
- There is a tension between the state's role in
supporting families and the preservation of parental autonomy.
- Although there has been some universal support
for parents, most policies target disadvantaged individuals and
communities.
- The Government is having to juggle
contradictory work-life balance needs. It is seeking to provide
children with the security of personal attachment while reducing
social exclusion by encouraging parents, both partnered and single,
into work.
- Whilst some policies recognise a range of
variables in raising children, others - such as the punishment of
parents of truants and parenting orders - imply a blanket obligation
on parents to control children's behaviour.
- In contrast with approaches to controlling
child behaviour, the Government has not tightened definitions of
parental responsibility in relation to children's safety, for example
in relation to physical punishment and the age at which a child may be
left alone.
- The Government has indicated its support for
both 'traditional' and non-traditional family forms. The effects for
children are its paramount concern, but tensions between changing
social mores and tradition may mean emerging law appears to respond to
ad hoc pressures rather than being grounded in principle.
- Overall parents' rights and responsibilities are
ill defined. There are no parental rights in relation to the child;
this may contravene aspects of the Human Rights Act 1989. Greater
clarity is also needed concerning different types of parenthood -
genetic parents, resident and non-resident 'social' parents, and
adults present in the child's home on a long-term or casual basis.

- The researcher suggests that:
- a regular, in-depth policy review is required
to reconcile disparate strands of policy;
- a statement of parental rights and
responsibilities in the form of a parents code could enhance relations
between government and parents.

Introduction
Parenting has a high priority in the
Government's agenda. Policy development has drawn on precedent and
thinking on the role of state intervention in a very private sphere -
family life. Other policies - such as preventing crime, tackling
social exclusion, children's rights, and benefits - have also had an
influence, sometimes a conflicting one.
These concerns spread across six government
departments: drawing them together is difficult. There has been no
policy review of family services since Supporting families (1998) and
there is no overarching statement on government's expectations of
parents or the relative roles of parents and the state in supporting
children.
This study examined current parental rights and
responsibilities in relation to financial support and the physical and
emotional care and control of children. It draws out emerging themes
and ambiguities. The researcher also considers whether the different
legislation, discussion documents and other government communications
should be brought together in a strategic policy statement, with an
accompanying 'parents code' to clarify parental rights and
responsibilities.
Financial support
Rights
Financial support permeates the Government's
family policy. It has shown a sustained determination to shrink child
poverty, for example through Child Benefit, the Children's Tax Credit,
the Working Families Tax Credit, Sure Start maternity grants,
Education Maintenance Allowances and a range of programmes to support
families in kind. Child poverty has been reduced in real terms, but
the rise in average incomes means that fewer children have been lifted
out of poverty than expected. The question emerges as to how far the
Government can reduce relative deprivation.
A considerable part of the Government's child
poverty reduction programme is targeted at disadvantaged individuals
and communities. A targeted resource can be less readily viewed as a
right than can universal provision. Conditions of receipt also
undermine the view of benefits as a right.
Responsibilities
The Government has emphasised parents' financial
responsibility for raising children. For example, the requirement that
parents pay university fees and the delay in minimum wage protection
until a young person reaches 22 extends children's dependency on their
parents. Reform of the Child Support Agency has also sought to enforce
parents' financial obligations if they separate.
The Government has used taxation and benefits
reform and the provision of childcare to support and encourage
parents, both partnered and single, into work. It has also conducted a
campaign to improve work-life balance. This means juggling
contradictory needs - providing children with personal security but
also reducing social exclusion.
Care and control
The physical and emotional care and control of
children lies at the heart of the Government's policies. However,
there is a fundamental tension between the state's support of parents
and parents' preserving sufficient autonomy to willingly shoulder
caring responsibilities. A number of recent surveys have revealed
parents' anxieties over losing autonomy. Partnerships between state
and parent may mitigate these, but are unlikely to fully address them.
The Government clearly espouses information as a source of empowerment
for parents.
Rights
Since the war, health (including maternity and
paediatric services) and education for children have been universal
entitlements and can be classified as a 'right to support' for
parents. The Government has made significant additions to these
entitlements. For example, post-natal support, health visitors'
support of families and Child and Adolescent Mental Health Services
are all being extended. Some degree of parental choice of school
continues, backed by performance information, offering significant
rights of choice and transparency. Parental rights to information and
partnership in directing children's education have been enhanced by
websites, booklets and parent representation on LEA education
committees. Other sources of information include the National Family
and Parenting Institute's public information services, the Children's
Information Service and the helplines - NHS Direct and Parentline
Plus.
At the same time, services provided directly to
children have increased, possibly undermining parental autonomy, for
example, expanded personal, social and health education in schools,
Connexions' personal development advice, and confidential health and
contraception facilities.
But, as with financial support, provision of
caring support has been targeted. Taking on board the thrust of the
Children Act 1989, the Government has sought to tighten assessment and
service delivery systems through the Quality Protects programme and
the Framework for the Assessment of Children in Need (Department of
Health, 2000). Tackling complex difficulties in disadvantaged
neighbourhoods has prompted government investment in parenting
programmes in urban regeneration areas and in initiatives such as Sure
Start, which promotes the development of babies and young children in
deprived areas.
However, as noted above, it is doubtful whether
targeted provision constitutes a 'right'. The notion of a 'safety net
right' is a possibility, but for that every family experiencing
disadvantage would have to qualify. Families with children in need
supported under the Children Act 1989 might fall within this
qualifying category. The targeted provision offered by programmes such
as Sure Start, however, is not directly proportionate to individual
families' levels of deprivation, but is determined by communities'
levels of disadvantage, making it harder to define these as 'safety
net rights'.
Responsibilities
The definition of 'parenting capacity' in the
Framework for the Assessment of Children in Need perhaps best
summarises the Government's expectations of parents' caring duties. It
includes the provision of basic care, safety, emotional warmth,
stimulation, guidance, boundaries and stability. There are also
limited statements about parenting responsibilities in school-parent
contracts covering education issues such as homework and attendance.
Parenting orders, the clampdown on truancy, as
well as school contracts, indicate that the Government considers
controlling children's behaviour a primary parental duty. There is
something of a contradiction between the range of variables seen as
impinging on parenting in the Framework, and the more straightforward
blaming of parents for failing to control children's behaviour
suggested by the punishment of parents of truants and by parenting
orders.
However, the Government has not tightened the
definition of parental responsibility in relation to children's
physical safety. It has bucked the thrust of policy which supports
children's rights, and where necessary curtails parental autonomy, by
not removing the defence of 'reasonable chastisement' to a charge of
assault of a child by a parent. This is despite a judgement in the
European Court of Human Rights which found that such a defence caused
the Government to fail in its duty to protect children.
Other aspects of physical safety are less
controversial, but here too parental responsibility is imprecisely
defined. For example, parents can be prosecuted for neglect for
leaving their children unattended in some circumstances. However,
there is no guidance as to the age at which a child might
appropriately be left alone.
Defining a 'parent'
Parents' gender
While a number of measures, such as paternity
leave, support fathers, by and large bringing up children continues to
be the role of women. The trends within family services, the criminal
justice system and family law reflect this. Some recognition of the
gender bias of parenting legislation (such as parenting orders, which
are predominantly made in respect of women) might be helpful.
Family formation
The Government has indicated its belief that the
traditional two-parent family is the ideal for bringing up children.
It is not, however, prescriptive on this issue, for example, producing
a booklet on marriage and enhancing civil marriage ceremonies, while
also removing married couples' allowance in favour of channelling
support to families with children. It allowed a free vote on enabling
unmarried heterosexual and homosexual couples to adopt, but did not
introduce the measure itself. Despite precedents in Europe it is
hesitating over introducing civil partnership protection for
heterosexual cohabiting couples.
With the Government having to respond to the
counter pulls of shifting social mores and of tradition in this area,
the resulting law can appear defensive, responding to demands and
pressures rather than grounded in principle.
Social and genetic parenting
Financial responsibility attaches to the
'genetic' parent whether or not he or she has sufficient bonds with
the child to have acquired responsibility as a 'social parent', i.e. a
parent with caring responsibilities. There is therefore a lack of
balance between parental financial duty and any form of entitlement.
Presence in the child's home has major
implications for child protection responsibilities. In many cases a
non-parent adult present in the home, 'social parent' or not (for
example, a mother's non-resident boyfriend) will be more open to
potential accusations of neglect than a non-resident social parent.
The question of presence and absence in relation to who is actually
caring for the child requires greater recognition.
Parents' rights and children
While parents have some rights to support from
the state, they have no rights in respect of the child. The provisions
of the Children Act 1989 to promote the best interests of the child
have eclipsed these. This may contradict the stipulation in the Human
Rights Act 1998 of the right to a family life; this offers some
recognition of non-resident parents' right to see their children and
their right to a say in whether their children should be adopted.
Conclusion
Currently parents' rights and responsibilities
are ill defined. The researcher suggests two possible complementary
approaches to clarifying the position.
Policy review
The Government's record shows a serious
commitment to supporting families, but this is a complex area, rich in
tensions and affected by a cornucopia of social and economic
relations. A regular, in-depth policy review could establish some
broad principles and reconcile some of the disparate strands of
policy.
Parents code
A 'parents code' setting out rights and
responsibilities has the potential to enhance relations between
government and parents, and as such merits a national debate. (The
full report goes into the possible nature and structure of such a code
in more detail.)
Reasons for a code:
- Clarity: there is a deficit
in clear messages and commonly recognised obligations and
entitlements attributable to parenthood.
- Rights: a code could set out parental rights
to support from the state and the parameters of the parent/state
partnership in child-rearing. Open to scrutiny, a code would provide a
framework for as fair a balance as possible to be struck between
parents' obligations and entitlements.
- Transparency: parents have a
human right to know the sorts of issues that might prompt
intervention with their parenting responsibilities.
- Proactive approach: a code
could offer positively framed messages around expectations of
parents.
- Public attitudes: a code could influence
attitudes to parenting, giving parents a more fully recognisable role.
Difficulties:
- The code would need to avoid the
pitfalls of over-generalisation in order not to be meaningless on
the one hand, and over-detailed stipulations in order to avoid
unnecessary statutory prescription about personal relationships on
the other.
- The limitations of agreed community
values about child-rearing would need to be recognised, with a focus
on the commonly endorsed essentials of a civilised upbringing.
- The code would require a definition
of different types of parenthood, linked to duties and entitlements.
- In establishing a set of responsibilities,
equity demands some balancing rights, but there is a reluctance
amongst policy makers to acknowledge this, particularly in relation to
children's rights.
About the project
This study is intended to act as a think-piece
launching the debate on whether a government statement on parenting is
needed. The study consisted of a literature review and discussion with
an advisory group of leading family policy specialists. In drawing up
the proposals for a code, the researcher examined precedents in
Scotland, Finland and Sweden. Other sources included: Council of
Europe directives; current legislation and guidance; and the Human
Rights Act 1998 and the United Nations Convention on the Rights of the
Child 1989.
How to get further
information
The full report, Government
and parenting: Is there a case for a policy review and a parents’
code? by Clem Henricson, is published by the Joseph Rowntree
Foundation (ISBN 1 85935 093 3, price £9.95).
Click on the 'order report' icon in
the left margin to order online.
Click on the 'report .pdf' icon in the
left margin to download a pdf of the full report free of charge. (File
size is 0.24MB). |