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A Guide for Social Services Staff and Foster Carers - Part 9

Glossary and the law

Anti-racist practice

 The promotion of anti-racist measures in all practice settings, and the conscious and active-taking of measures to remedy the shortcomings of the social welfare services, systems and procedures in its provision to Black people. This is not ‘special’ practice, rather it is anti-discriminatory and anti-oppressive practice. It is also about recognising and valuing differences and diversities, as well as meeting the totality of an individual’s needs.

Black and Minority Ethnic People

People whose distinct characteristics like colour of their skin renders them liable to racism and harassment, irrespective of their ethnic background, linguistic or academic ability, country of origin or length of stay within the host country. Dual heritage children are Black in this context because they will be liable to racism and harassment

Culture

Culture means people who identify with and share common realities and experiences whether religious, kinship, customs, economic systems etc. with other groups of people. Culture is not static, it is dynamic and constantly changing.

Ethnicity

An individual’s membership of a group, sharing common history, geographical region of parents, grandparents and ancestors. For example, a White person who lives in Australia may be identified as European because of his/her ethnicity

Institutional racism

The 1999 Macpherson Report into the death of Stephen Lawrence identified institutional racism as discrimination which was

 ‘unwitting, unconscious and unintentional’…. ‘the collective failure of an organisation to provide an appropriate and professional service to people because of their colour, couture or ethnic origin. It can be seen or detected in processes, attitudes and behaviour which amounts to discrimination through unwitting prejudice, ignorance, thoughtlessness and racist stereotyping which disadvantage ethnic minority people’. 

For example, the failure by Social Services to provide foster placements that reflect the heritage of looked after children.

Prejudice

A belief or pre-conceived idea that is usually based on non-factual evidence and influenced by negative images

Racism

A belief, attitude or feeling that people of another race are less equal or inferior. A feeling of superiority based on race, e.g. ‘Back people are not as civilised or educated as White people’

Religion

Beliefs and value systems which are mainly defined by formal and/or culture based theological frameworks which govern and influence people’s views about life, child rearing etc. Black people and families may or may not practice religious beliefs, however religion is very likely to influence their lives.

White

People whose Skin colour alone does not render them liable to experience racism

The Law

The law in relation to Black and minority ethnic people includes the following:

The Children Act 1989 places a responsibility on all agencies providing care for children to recognise

 "In all decisions in respect of a child they are looking after, to have regard to the child’s religious persuasion, cultural and linguistic background and racial origin, and to the wishes and feelings of parents and other adults who have played a significant part in the child’s life, as well as to the wishes and feelings of the child" (section 22/5/c).

The Children Act 1989 Guidance states: 

"It may be taken as a guiding principle of good practice that, other things being equal and in the great majority of cases, placements with a family of similar ethnic origin and religion is most likely to meet a child’s needs as fully as possible and to safeguard his or her welfare most effectively" (Vol. 3, 2.40).

Local Authority Circular (98) 20

 gives guidance on adoption placements and states: 

"A child’s ethnic origin, culture, language and religion are significant factors to be taken into account when adoption agencies are considering the most appropriate placement for a child; however, such consideration has to take into account all the child’s needs… Where no family can be identified which matches significantly to the child’s ethnic origin and cultural heritage, the adoption agency’s efforts to find an alternative suitable family must be pro-active and diligent. The Government has made it clear that it is unacceptable for a child to be denied loving adoptive parents solely on the grounds that the child and adopters do not share the same racial or cultural background". "Racism can take many forms and is a destructive force, especially in the life of a child. Children from minority ethnic groups are particularly vulnerable to racism and its effects. The issue of racism will inevitably arise at some stage in the life of a child at school, work and leisure; the adoptive family will need to prepare the child for when it occurs and how to deal with it so that the child can maintain a positive attitude about heritage. This is true for all children from minority ethnic communities and therefore the responsibility to prepare children to deal with racism rests with all families caring for them. These families may need help in understanding and preparing their children for times when they and their children encounter racism." (Department of Health, 1998, p 3-4).

The Race Relations Act 1976 places a general duty on local authorities to: 

"carry out their various functions in such a way as to seek to eliminate unlawful discrimination; and to promote equality and good relations between persons of different racial groups".

The Race Relations (Amendment) Act 2000 repeats this requirement. The Commission for Racial Equality has commented that as a result of this 

"public authorities do not have the option to decide whether they will do anything about discrimination and racial equality. Each public authority should therefore assess where, and how, racial equality is relevant – or potentially relevant – to the way they carry out their various functions. And racial equality will have some, often considerable, relevance for most public functions." (The general duty to promote racial equality, CRE, 2000).

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