Children's social care

The above statement is a comment from a participant at a Family Group Conference which reflects that FGCs are often used to circumvent court processes and to advise court about family wishes. This chapter will explore the interface between the law and FGCs using case studies to illustrate this relationship and tell stories of those experiencing their impact and outcomes.

The legal framework for FGCs varies between countries. In New Zealand, Family Group Conferencing is underpinned by legislation in the Children, Young People and their Families Act 1989. The principle of participative social work practice is fully embodied in the law. As this book explores elsewhere the legislation was implemented following complaints from the Maori community about the way in which their children and young people were being treated by the welfare and juvenile justice systems. This initiated a consultation with the Maori community and the subsequent seminal report Puao-te-atatu meaning ‘daybreak’ (Ministerial Advisory Committee on a Maori perspective for the Department of Social Welfare in New Zealand, 1990).

In the Netherlands the Child and Youth Act (2015) gave citizens the right to develop their own action plans in cases that require intervention from 2015 (Hilverdink, Daamen and Vink, 2015). Family Group Conferences are seen as a way of implementing this law (Eigen Kracht, n.d.). This law promotes a citizen's rights approach to the model.

In England and Wales FGC practice is underpinned by the philosophy evident in the Children Act, 1989. Guidance on the Act (Department for Education and Skills, 2006) emphasised the importance of working in partnership with families and the welfare of the child. It emphasised consultation with children and young people (Department for Children, Skills and Families, 2010). The Act for the first time also mentions giving due consideration to race, religion, culture, language and disability.