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Services For Migrant Children in the Health, Social Services, and Education Systems
Services For Migrant Children ...
Policy Information Center Highlights: Vol. 5, No. 2 Policy Information Center Highlights: Vol. 4, No. 3 Head Start: What Do We Know About What Works? An Evaluability Assessment of Child Care Options for Work-Welfare Programs An Evaluability Assessment of Child Care Options for Work-Welfare Programs Volume II: State Discussion Summaries, Head Start Grantee Case Studies, and Cost Examples
Services For Migrant Children in the Health, Social Services, and Education Systems.
Nancy M. Pindus, Fran E. O'Reilly, Margaret Schulte, and Lenore Webb
This study was prepared for the Department of Health and Human Services under Contract No. HHS-100-92-0005, Delivery Order No.1. The Delivery Order Officer is Ms. Susan Goodman, Office of the Assistant Secretary for Planning and Evaluation.
In addition to the many burdens imposed on all children of poverty, migrant children face mobility, language, and cultural barriers. Thus, the children of migrant farmworkers--generally defined as persons who cross a prescribed geographic boundary and stay away from their normal residences overnight to perform farmwork for wages--face increased challenges in obtaining educational, health, and social services. The purpose of this study is to identify the needs of migrant children, to examine how these needs are being met in selected sites, and to identify successful models of service integration that might be more widely adopted. As our population becomes more multicultural and multiethnic, programs that have been successful in serving migrant farmworkers may be instructive to other service providers and program planners who must learn how to overcome language and cultural barriers.
This project, carried out from June 1992 to February 1993, aims to meet the following objectives:
Identify six exemplary programs for migrant children that are successfully integrating two or more services;
Identify factors that facilitate integration both at the program, local agency, and community levels and at the state and federal levels;
Identify gaps in services at the sites studied;
Identify barriers to successful, comprehensive service delivery for migrant children; and
Identify research and evaluation issues for the future.
Sites Selected
Sites were selected to represent a range of factors, including geographic location, programs involved in the service integration effort, ages of the children served, and grower involvement or
support. To be selected, the site had to be successfully integrating two services (e.g., health and
education, health and social services, education and social services). The six sites selected were:
Brockport, New York (Monroe County);
Greeley, Colorado (Weld County);
Stockton, California (San Joaquin County);
Woodburn, Oregon (Marion County);
McAllen, Texas (Hidalgo County);
Belle Glade, Florida (Palm Beach and Hendry Counties).
Site visits were conducted by two-person teams, and included interviews with representatives of key programs serving migrants, as well as a variety of community agencies. Managers as well as service providers were interviewed during the three-day visits. Visits also included on-site observations of program operations, tours of migrant housing facilities, attendance at parent or community meetings, and informal discussions with migrant students and parents. Detailed case studies of each site are available upon request.
Operational Definition and Conceptual Framework
The term "service integration" is widely used today to describe the way services should be provided for a wide range of groups with multiple service needs, including children with disabilities, the mentally ill, at-risk youth, and the homeless. Migrant farmworker families have multiple service needs, many of which have reached a critical level. Meeting the educational, social service, and health needs of this population can be facilitated by service integration. Treating one problem while ignoring others may be ineffective. Examples range from placement of a parent in a job training program when there is no access to child care, to treating a child for a gastrointestinal disorder but not addressing the problem of contaminated drinking water in the camp where she lives (National Migrant Resource Program 1992). Each of the sites visited stressed the importance of focusing on the family unit in order to effectively address the needs of children and adults.
We view the implementation of system integration as a continuum, characterized at one end by a fragmented system that addresses specific needs of the clients without an overall assessment, moving toward coordination of services for the client, with the ultimate goal of integrated service. From the client's point of view, the ideal integrated system would be perceived as one program or system, even if the services are not all located in one place. From the service provider's standpoint, the ideal integrated system provides for an overall assessment of the client's needs and the necessary knowledge and relationships established to assure that clients receive the services they need, regardless of which community agency offers the services.
A graphic presentation of our integrated service model is presented on the following page. It shows that there are many types of services and a great number of organizations to consider in serving clients with multiple needs. The migrant family is at the center of this model, surrounded by the major programs specifically established to address the needs of migrant farmworkers and their families. In each community, there are a number of other services, providers, and community groups which assist migrants. Finally, the service integration configuration in each community is shaped by its economic, physical, political, and cultural environment. Integration is an ongoing process, and even communities that demonstrate successful service integration still strive to encompass more services in their network. This study presents three scenarios to describe ideal types of service delivery systems: services for the preschool child (centered around Migrant Head Start); services for the elementary school child (centered around Migrant Education); and services for the high school age child (centered around Migrant Education and JTPA). For each age and program, service integration for migrants must also address intra- and interstate coordination to assure continuity as families move for farm employment during the growing season and return to their homes in the winter months.
Some of the case- or service-level strategies to foster service integration observed in our study include:
The use of case managers and migrant coordinators/advocates;
Co-location/on-site services;
Extended hours so that access to programs can be better coordinated;
Transportation;
Portable records;
Culturally relevant programs in order to increase acceptance of a wide range of services and providers;
Translation services, which improve access to more programs;
Joint sponsorship of community functions such as health fairs and cultural festivals;
Home visits which address family needs for a wide variety of services; and
Coordinated outreach.
System or administrative strategies identified in the communities visited for this study include:
Interagency coalitions;
Written agreements or memoranda of understanding between agencies or providers;
Regionalization/umbrella organizations;
Participation on boards of other community organizations; and
Joint fundraising activities.
Promising Models--Selected Examples
The site visits in this study were to communities identified as having exemplary programs for service integration for migrant children of all ages . Thus, by definition the site visits did not involve visits to single programs, but included interviews with many different community agencies. Across the six sites visited, a number of models of service integration were identified that could be adopted by other sites interested in improving coordinated service delivery. Selected examples are described below.
Regional Coordination/Umbrella Organizations
For Head Start children who migrate along the east coast of the United States, the process of coordination among programs is greatly facilitated by the East Coast Migrant Head Start Project (ECMHSP). ECMHSP is an umbrella organization that provides fiscal and administrative services to Head Start delegate agencies in 12 east coast states. A primary goal of the project is to promote continuity of Head Start services to migrant children and their families along the east coast of the United States. ECMHSP provides program and fiscal monitoring and training and technical assistance at the center level and promotes staff development activities on a regular basis. This umbrella organization enables sites to serve families and teach children, while the central office takes on administrative tasks such as payroll, purchasing, negotiating for space or resources, and arranging training for staff. ECMHSP also facilitates continuity as families move from one site to another through a continuity record provided to parents. Each Head Start program that is a part of ECMHSP uses the same forms to provide health and developmental records that parents can take with them when they travel. Student records are also sent to the main office of ECMHSP in Arlington, Virginia so that any other ECMHSP center can request the file if the family does not have it upon arrival. Other administrative records are also standardized across programs, as is an annual program evaluation procedure.
Some community coalitions are attempting to assess the overall needs of their communities and plan together for meeting those needs.
The Coalition of Migrant and Farmworker Services, a coalition of agencies that serve farmworkers, was started in Brockport, New York in the late 1970s. Its focus, then and now, is on coordination. Agencies in this coalition include: Brockport Migrant Education, Oak Orchard Community Health Center, Agri-Business Child Development, Foodlink (a food distribution program), the local office of the New York State Department of Labor, the Hispanic Migrant Ministry, and Rural Opportunities, Inc. This is the forum where providers can bring up gaps in services. The "Working Together Group," which is an outgrowth of this coalition, has been meeting for about three years and takes a structured, head-on, approach to resolving philosophical differences. For example, the group hired a paid facilitator to work with them to help develop trust among the various individuals and organizations represented.
The impact of these efforts in Brockport has been seen across all services. Members of the "Working Together Group" have collaborated on grant proposals, staff training, and parent education. Members of these organizations serve on the boards of directors of other organizations in the coalition. Each program indicates that it has gained an understanding of the missions and limitations of the other agencies.
Relationships with Colleges and Universities and Other Educational Institutions
Across sites there were a number of models observed in which the various programs or agencies serving migrant farmworkers and their families had developed special relationships with local colleges and universities that enabled them to either expand their programs, or somehow capitalize on the resources of the colleges and universities. A commonly observed practice in the sites visited was a well-developed relationship between the health centers serving migrant families and nearby medical schools.
A different arrangement was seen in the Brockport, New York site, where the Migrant Education Program has been located on the campus of the State University of New York (SUNY) at Brockport since 1974. That year the New York State Department of Education established centralized outreach centers throughout the state that were based at state universities or other regionally based local education agencies. The Migrant Education Program in Brockport runs both summer and year-round programs for migrants on the SUNY Brockport campus. The college campus setting for the program benefits both the Migrant Education Program and SUNY Brockport. The college provides office, resource/library, and classroom space in addition to four vans to transport students to and from the night school. The campus setting exposes migrant students to higher education and life on a college campus. The setting also facilitates the use of college students such as work/study students, student teachers, and those participating in the Literacy Corps as tutors. Benefits for the college include placements for student teachers and education administration interns, as well as a wide range of opportunities for those interested in using and practicing Spanish, studying alternative approaches to education, and learning concepts of multicultural education.
Grower Support
Very limited examples of grower support in providing and improving accessibility and integration of services were observed in the six sites visited. The most notable example occurred in Florida at the Shannon Center, a Migrant Head Start center located on the property of A. Duda and Sons (DUDA), one of the large growers in the area. This center serves 100 children, most of whom are infants and toddlers. The parents of most of the children served by the Shannon Center work for DUDA, although children of other migrant families in the community are also eligible to be served there. Families return to work for DUDA each season because of the benefits provided by this grower. As a result, 80 percent of the families at the Shannon Center return each year. Partly because of this return rate, parents are very involved in the center, helping out in the classrooms and with repairs when time is available. For example, parents raised money to build a paved path in the playground area for riding toys.
The creation of the Shannon Center was a joint effort by the DUDA employee relations manager and staff of the East Coast Migrant Head Start Project (ECMHSP). The Center offers advantages for both growers and families. Parents can drop off and pick up their children on their way to and from work, thus improving worker satisfaction and punctuality; and the site is convenient for parent meetings, since it is close to where families live. The employee relations manager indicates that this arrangement has eliminated travel and babysitting problems for workers. DUDA provides all maintenance and security for the site.
Farmworker Housing
Perhaps the most pressing problem identified by respondents in the sites visited was a lack of affordable, quality housing for migrant farmworkers and their families. A number of efforts were identified to provide housing to this population in a manner that also enabled integration of services by providing space for co-location of services with housing units. One example of such an effort has been in place in California since 1966, when the Housing Authority of the County of San Joaquin began providing housing for migrant farmworkers in response to squalid living conditions among migrant families. The Housing Authority manages, owns, or leases approximately 5,000 rental units throughout the county for migrants and other agricultural workers and low-income families. The state regulates the conditions of operation for the housing centers and negotiates with the Authority for rehabilitation and repair of the units. The housing for migrant farmworkers is subsidized by the State Office of Migrant Services, which contracts with housing centers across the state. Rental housing units in the San Joaquin Valley are provided to 288 migrant families at three state-owned centers, which are open 180 days per year--usually from May to October, depending on the growing season in a given area. Funding also comes from HUD, FHA, and rent from tenants. The Housing Authority also provides space on the premises of the migrant housing camps to various agencies that serve migrant families, including Head Start, state-funded daycare programs, Girl Scouts, and agencies providing GED or ESL classes.
Interstate Coordination
Continuity of services for migrant families is a primary concern as families move across state lines where different types of programs and services are available. The issue is particularly acute for children in the education system, where curriculum and graduation requirements vary from system to system.
Migrant education staff in the Stockton County, California area have taken a unique approach to the need for information to facilitate program continuity. Since most of their students migrate to and from Mexico, they negotiated a binational agreement with Mexico that provides written documentation (in both English and Spanish) of students' current educational status. The document provides summary information on the student's, level in school and academic information, including specific objectives by subject area. A grade point average is also provided, as is a space for teacher comments. The written document also helps students gain entrance into school in Mexico. School officials in Colorado have recently begun similar work to develop a binational accreditation project with Mexico.
The Texas Migrant Interstate Program (TMIP) has an extensive program of interstate communications for older children (in grades 7-12). TMIP sends staff to New York, Washington, Georgia, and Michigan (and sometimes Ohio and Indiana) to work with staff in other states and with students from Texas. A Program Coordination Center at Texas A & I University pays for sending staff to other states. TMIP maintains a consultant pool for this purpose that includes counselors and teachers who are willing to travel to other states. Respondents at the Brockport, New York site reported that they had worked extensively with Texas staff over the past 8 to 10 years. They have worked out an arrangement where Texas schools now accept New York's recommendations for secondary school credit transfers. They have paid for counselors from Texas to spend 6 weeks in the state to review student records, and are investigating ways to work with Texas personnel on the issue of a required standardized test for secondary students--the Texas Assessment of Academic Skills.
Promotores/Lay Educators
The promotores model, providing training to residents of the colonias who then serve as lay educators and organizers in their communities, has been implemented successfully in Hidalgo County, Texas by both Planned Parenthood and the Expanded Food and Nutrition Program. The lay educators are well-received in their communities, thus providing an effective means of educating residents. The promotores model is an example of service integration because it taps various community resources for training and program implementation, and attempts to address a wide range of needs identified by residents. Planned Parenthood's education department in Hidalgo County recruits women from the colonias and trains them in various topics related to family planning and women's health. The Expanded Nutrition Program, part of the Texas Agricultural Extension Service, has been providing training and education programs that have served the rural colonias since 1968. Headed by a home economist, the program has 20 paraprofessional teachers who provide training to residents of the colonias and other rural areas. The programs are six to eight months long and include training in basic skills, food preparation, menu planning, budgeting, and self-esteem. Additional projects using this model are being initiated by the Hidalgo County Health Care Corporation (HCHC), a migrant and community health center, and the Texas Department of Human Services' Partnership for Self Sufficiency.
"One-Stop Shopping"
One difficulty associated with service delivery to migrant families is the large number of agencies involved in the provision of services and the limited time and transportation available to migrant farmworkers to avail themselves of these services. The "one-stop-shopping" model has often been touted as one way to address these time and transportation issues. A successful version of this model was observed in the Brockport, New York site where the Oak Orchard Community Health Center uses its mobile van to provide a variety of services to families eligible for Migrant Head Start services during the summer season. Before the season begins, the health center works out a schedule of visits with the Migrant Head Start provider in the area. The van, staffed by a nurse practitioner, a nurse, and a community health worker/translator who is authorized to complete WIC certifications, comes to the Head Start center and provides physicals, health screenings, and immunizations for the children, and Medicaid enrollment and WIC certification for the families. The Head Start center's health coordinator facilitates this process by preparing the necessary forms for each child/family before the van arrives.
The needs of migrants cannot be adequately addressed without consideration of inter-state issues. Removal of barriers to access that result from differing definitions and eligibility requirements, and promotion of regional efforts to better serve farmworkers are appropriately addressed at the federal level.
The various definitions of migrant farmworker have created barriers to services integration. Often clients who are eligible for one service such as Migrant Education may not be eligible for other services such as Migrant Head Start or Migrant Health. The definition of migrant farmworker for most federally funded programs excludes vast amounts of agricultural employment in some states. For example, in Oregon there is a lot of seasonal fishing and nursery work available, but workers do not qualify for migrant programs when employed by these businesses. Immigration laws have resulted in a large number of undocumented workers who do not qualify for services. This stresses the available resources of the community and makes it hard to provide needed services to everyone.
Program eligibility requirements and definitions should be reviewed to identify specific gaps created by the lack of uniformity. The problem of the formerly Migrant Head Start child who is no longer eligible for Migrant Head Start but who is too young for regional Head Start, is an example. These gaps and others should be addressed primarily by mechanisms that increase flexibility. Federal officials should convey their commitment to service integration to state and local administrators, and provide a clear mandate for flexibility in order to promote service integration. This flexibility should include granting waivers and giving states more autonomy in defining "migrant" and "seasonal farmworker," so that they can better meet the needs of the workers in their communities through existing programs.
Regionalized efforts, most notably those undertaken by the East Coast Migrant Head Start Project, the Texas Migrant Council, and Texas Migrant Interstate Program, are an effective means of providing continuity for migrant children. Despite the success of these examples, efforts to promote applications of this model are limited.
The federal government should encourage such efforts throughout the country for all programs serving migrants. The federal government might also provide incentives for growers and other businesses and providers in the community to participate in such regional networks. For example, some of the factors that make the partnership between growers and service providers work so well in Belle Glade, Florida could be expanded to other communities with federal encouragement. Policymakers should provide incentives for cooperation among growers to assist in service integration for migrant families. Joint efforts might enable small growers to overcome the economic barriers posed by dependence on a few crops or a short growing season, so that they can begin to offer some of the support that the larger growers, such as those in South Florida, are able to provide.
A lack of quality housing exacerbates health and other needs of farmworkers. Many problems could be eliminated in the long range if more affordable housing and better environmental health services were made available. An opportunity for more service integration at the federal level clearly exists. The Department of Housing and Urban Development, the Department of Labor, and the Environmental Protection Agency need to be brought into the mainstream of some of the federal service integration initiatives that impact directly on migrant families. While each of these agencies has some involvement now, it tends to be for specific services, which are provided independent of other agencies.
Factors to be Considered at Federal, State, and Local Levels
Some lessons learned in this study should be considered at all levels in planning services and programs for migrant families.
Any national or state policies or evaluations must consider issues of scale. The numbers to be served, the extent of the need, and the difficulties in coordinating a great number of programs dispersed over a wide area distinguish communities such as Hidalgo County, Texas from smaller communities that serve migrants, particularly those in northern, upstream locations where migrants travel for seasonal work.
Serving the family unit and meeting basic needs of the family are essential components of programs serving migrant children. Parent education, housing, job training, and other "adult" services are as important to the child's success as health screening and education. A holistic approach to serving the family results in better services to all family members, including children.
An increasing number of migrant parents have themselves been served by Migrant Head Start and Migrant Education. This is a new phenomenon that policymakers may wish to consider. Parents are aware of programs available to their children and know of the value of these programs. They do not attach a stigma to seeking help from these programs, as earlier generations may have. Current and future migrant parents can be expected to be more sophisticated, demanding, and involved consumers.
Immigration laws and economic conditions, among other factors, impact on the demographics of the migrant population. These changes affect the skills needed by service providers, the types of services required, and the procedures needed for interstate coordination. For example, it was noted that one impact of the Immigration and Reform Act of 1986 was an increase in Hispanic families in the migrant labor stream. Many communities are seeing greater numbers of families from rural Mexico and Central America who speak dialects unfamiliar even to bilingual staff.
Services IntegrationImmigrant PopulationsAccess to Services / Service IntegrationOtherImmigration/Foreign-bornService DeliveryVulnerable PopulationsEarly Childhood and Child WelfareSocial Services Delivery and Implementation


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Proportionality and Article 8 of the ECHR
What does this mean? And why is it important?
to protect individuals against arbitrary interference by public authorities
The European Convention and the Human Rights Act 1998
'Proportionality' is the key concept to understanding how family law operates. This comes from Article 8 of the European Convention on Human Rights and Fundamental Freedoms (ECHR).
The Convention is protected by the European Court of Human Rights, which was established in 1959. For a useful introduction to the ECHR see this infographic from Rights Info which discusses the basic structure of the European Court, who it protects and why it matters. For further information and discussion about the scope of Article 8, see the ECHR on-line site. You can get the form to make an application to the European Court and read the guide on how to make the application.
Prior to the implementation of the Human Rights Act 1998 (HRA), if you were complaining about a breach of the ECHR, you had to apply directly to the European Court in Strasbourg. Now, the HRA allows the ECHR to take 'direct effect' in domestic legislation.
Section 6 of the HRA and makes it clear that 'public authorities' – which includes local authorities who want to make applications for care orders – cannot act in a way which is incompatible with the ECHR, unless they are following statute law which they can't interpret in a way to make it compatible.
If a Judge agrees that statute law is incompatible with the ECHR, he or she can make a 'declaration of incompatibility' which means the Government will have to think seriously about amending that statute.
For useful discussion about how Parliament in the UK and the European Court interact, see this discussion from the House of Commons Library blog about parliamentary sovereignty and the European Convention.
There has been much recent debate about whether or not the UK should keep the Human Rights Act; the perception of some is that we are subject to excessive interference from Europe in the way we want to manage our country. The fears of excessive interference are not reflected by the number of times the UK has been subject to criticism in the European Court of Human Rights. The House of Commons blog says:
Since the Court of Human Rights was established in 1959, it has delivered around 17,000 judgments. Nearly half of these concerned five Member States (Turkey, Italy, the Russian Federation, Poland and Romania) … from 1959 to 2013, (and in purely numerical terms) the UK was responsible for 2.96% of the total violations found by the court (compared to Turkey who has been the worst offender, responsible for 17.75%).
A note of caution – disappearance of 'human rights' from the 'Working Together' guidance.
'Working Together to Safeguard Children' is very important government guidance for all professionals in this field. It was first published in 1999. The 2010 edition contained useful and explicit mention of human rights and reminded professionals that data protection principles often engaged individual human rights.
However, some commentators have noted with concern that the most recent edition of the guidance contains only one reference to 'data protection' and no reference whatsoever to 'human rights'. There is legitimate concern that the boundary is becoming blurred between children who are 'in need' and require help and children who are 'at risk' and require protection and the 'air brushing' out of any reference to human rights in the guidance is thus regrettable.
As Allan Norman comments:
If social workers stop caring about human rights, isn't that like doctors stopping caring about health or lawyers about justice?
Article 8 – Right to respect for private and family life
The two most frequently encountered Articles of the ECHR in care proceedings are Article 6 – the right to a fair trial – and Article 8. There is clearly some overlap between the two – if your right to a fair trial is compromised in care proceedings, this may have implications for your family life.
Article 8 provides:
1. Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Therefore, we can see that Article 8 rights are not 'absolute' but can be over ruled when:
it is lawful to do so;
it is necessary to do so, for example, to protect health or morals.
The ambit of Article 8 rights
In Pretty v UK (2002) 35 EHRR 1 at paragraph 61 the ECtHR made the following comment about the ambit of Article 8:
As the Court has had previous occasion to remark, the concept of "private life" is a broad term not susceptible to exhaustive definition. It covers the physical and psychological integrity of the person. It can sometimes embrace aspects of an individual's physical and social identity. Elements such as, for example, gender identification, name and sexual orientation and sexual life fall within the personal sphere protected by Article 8. Article 8 also protects a right to personal development, and the right to establish and develop relationships with other human beings and the outside world. Though no previous case has established any such right to self determination as being contained in Article 8 of the Convention, the Court considers that the notion of personal autonomy is an important principle underlying the interpretation of its guarantees.
With regard to the ambit of 'family life' Article 8 covers:
Article 8 ECHR provides that everyone has the right to respect for family life. The European Court of Human Rights interprets the term 'family life' autonomously. Forms of cohabitation or personal relationships which are not recognized as falling in the ambit of 'family life' in the jurisdiction of a contracting state can still enjoy protection by article 8; family life is not confined to legally acknowledged relationships. The Court is led by social, emotional and biological factors rather than legal considerations when assessing whether a relationship is to be considered as 'family life'.
How do we decide if Article 8 rights should be over-ruled in a particular case?
This is where proportionality comes into play. It cannot be 'necessary' to breach someone's rights if they way you propose to breach them is well in excess of what is needed to prevent harmful consequences.
For example, in some cases, there are worries that a parent is finding it hard to cope at home and this is having a bad impact on the children. The LA are considering care proceedings, but family and friends offer to help. In those circumstances it probably would not be 'proportionate' to demand that this parent give up his or her children for adoption or even have the children go to live with foster carers for a short time.
A more proportionate response would be for everyone to meet and discuss what they could do to keep the children safe at home.
However, if a child is seriously injured at home and his parents can't or won't say what happened, then it probably will be proportionate to remove the child immediately from his parents' care.
See our post on interim removals and emergency protection orders.
The issue of proportionality was discussed by the Supreme Court in Re B in 2013 when considering an appeal against the trial judge's decision that it was proportionate to remove a child for adoption.
115. Into all of this discussion, however, must come the question of proportionality. Significantly different considerations are in play when the proportionality of the decision is in issue. A decision as to whether a particular outcome is proportionate involves asking oneself, is it really necessary. That question cannot be answered by saying that someone else with whose judgment I am reluctant to interfere, or whose judgment can be defended, has decided that it is necessary. It requires the decision-maker, at whatever level the decision is made, to starkly confront the question, "is this necessary". If an appellate court decides that it would not have concluded that it was necessary, even though it can understand the reasons that the first instance court believed it to be so, or if it considered that the decision of the lower court was perfectly tenable, it cannot say that the decision was proportionate.
For an example of a case where the Court of Appeal thought removing children was not a proportionate response, see K (Children) [2014].
Is the Children Act 1989 compatible with Article 8 of the ECHR?
Short answer – yes. For a recent example of when the UK was challenged by Latvia over the legitimacy of its care proceedings, see this post.
When the Human Rights Act came into force, there was a lot of interest in testing the Children Act 1989 to see if it was compatible with the ECHR.
One challenge was to the fact that once a care order is made, it is up to the LA to decide how to make it work and the court does not have any power to interfere with those decisions. The House of Lords (as they were then called; they are now the Supreme Court) considered whether or not this was compatible with Article 8 in the case of In re S [2002] UKHL 10. The lawyers argued that the court should continue to oversee what the LA was doing by way of 'starred care plans' – which identified issues in the care plan which should be kept under review and brought back to court if necessary.
The House of Lords rejected that argument and held that introducing this new supervisory role for the courts would go far beyond simply 'interpreting' the Children Act; it would be introducing a new role for the courts and only Parliament had the power to do that. To entrust a local authority with the sole responsibility for a child's care, once the 'significant harm' threshold has been established, is not of itself an infringement of article 8.
53. The essential purpose of this article is to protect individuals against arbitrary interference by public authorities. In addition to this negative obligation there are positive obligations inherent in an effective concept of 'respect' for family life: see Marckx v Belgium (1979) 2 EHRR 330, 342, paragraph 31. In both contexts a fair balance has to be struck between the competing interests of the individual and the community as a whole: see Hokkanen v Finland (1994) 19 EHRR 139, 168-169, paragraph 55.
54. Clearly, if matters go seriously awry, the manner in which a local authority discharges its parental responsibilities to a child in its care may violate the rights of the child or his parents under this article. The local authority's intervention in the life of the child, justified at the outset when the care order was made, may cease to be justifiable under article 8(2). Sedley LJ pointed out that a care order from which no good is coming cannot sensibly be said to be pursuing a legitimate aim. A care order which keeps a child away from his family for purposes which, as time goes by, are not being realised will sooner or later become a disproportionate interference with the child's primary article 8 rights: see paragraph 45 of his judgment.
55. Further, the local authority's decision making process must be conducted fairly and so as to afford due respect to the interests protected by article 8. For instance, the parents should be involved to a degree which is sufficient to provide adequate protection for their interests: W v United Kingdom (1987) 10 EHRR 29, 49-50, paragraphs 62-64.
56. However, the possibility that something may go wrong with the local authority's discharge of its parental responsibilities or its decision making processes, and that this would be a violation of article 8 so far as the child or parent is concerned, does not mean that the legislation itself is incompatible, or inconsistent, with article 8. The Children Act imposes on a local authority looking after a child the duty to safeguard and promote the child's welfare. Before making any decision with respect to such a child the authority must, so far as reasonably practicable, ascertain the wishes and feelings of the child and his parents: section 22. Section 26 provides for periodic case reviews by the authority, including obtaining the views of parents and children. One of the required reviews is that every six months the local authority must actively consider whether it should apply to the court for a discharge of the care order: see the Review of Children's Cases Regulations 1991 (SI 1991 No. 895). Every local authority must also establish a procedure for considering representations, including complaints, made to it by any child who is being looked after by it, or by his parents, about the discharge by the authority of its parental responsibilities for the child.
57. If an authority duly carries out these statutory duties, in the ordinary course there should be no question of infringement by the local authority of the article 8 rights of the child or his parents. Questions of infringement are only likely to arise if a local authority fails properly to discharge its statutory responsibilities. Infringement which then occurs is not brought about, in any meaningful sense, by the Children Act. Quite the reverse. Far from the infringement being compelled, or even countenanced, by the provisions of the Children Act, the infringement flows from the local authority's failure to comply with its obligations under the Act. True, it is the Children Act which entrusts responsibility for the child's care to the local authority. But that is not inconsistent with article 8. Local authorities are responsible public authorities, with considerable experience in this field. Entrusting a local authority with the sole responsibility for a child's care, once the 'significant harm' threshold has been established, is not of itself an infringement of article 8. There is no suggestion in the Strasbourg jurisprudence that absence of court supervision of a local authority's discharge of its parental responsibilities is itself an infringement of article 8.
Reforms following this decision
However, although the House of Lords rejected the idea of 'starred care plans', they were troubled by the absence of any identified individual who would oversee and intervene if a LA were not offering good enough care to children after the court hearing was over. This could be particularly serious if a child had no parent who was willing or able to make complaints on their behalf and could lead to an infringement of the child's human rights.
Lord Nicholls said at paragraph 106:
I must finally make an observation of a general character. In this speech I have sought to explain my reasons for rejecting the Court of Appeal's initiative over starred milestones. I cannot stress too strongly that the rejection of this innovation on legal grounds must not obscure the pressing need for the Government to attend to the serious practical and legal problems identified by the Court of Appeal or mentioned by me. One of the questions needing urgent consideration is whether some degree of court supervision of local authorities' discharge of their parental responsibilities would bring about an overall improvement in the quality of child care provided by local authorities. Answering this question calls for a wider examination than can be undertaken by a court. The judgments of the Court of Appeal in the present case have performed a valuable service in highlighting the need for such an examination to be conducted without delay.
The Government responded with Section 118 of the Adoption and Children Act 2002 which amended section 26 of the Children Act 1989 and established the role of Independent Reviewing Officer (IRO).
The job of the IRO is to improve outcomes for looked after children by reviewing each child's care plan and ensure that the child's wishes and feelings are considered. They must:
monitor the local authority's performance of their functions in relation to the child's case
participate in any review of the child's case
ensure that any ascertained wishes and feelings of the child concerning the case are given due consideration by the appropriate authority
perform any other function which is prescribed in regulations.
promote the voice of the child
ensure that plans for looked after children are based on a detailed and informed assessment, are up-to-date, effective and provide a real and genuine response to each child's needs
identify any gaps in the assessment process or provision of service
making sure that the child understands how an advocate could help and his/her entitlement to one
offer a safeguard to prevent any 'drift' in care planning for looked after children and the delivery of services to them
monitor the activity of the responsible authority as a corporate parent in ensuring that care plans have given proper consideration and weight to the child's wishes and feelings and that, where appropriate, the child fully understands the implications of any changes made to his/her care plan.
See our post about the role of the Independent Reviewing Officer for more information.
Further reading/listening
June 2016 – Podcast from barrister David Bedingfield of 4 Paper Buildings 'Proportionality and Public Law Children Cases'.
This entry was posted in Proportionality and Article 8 and tagged Article 8, European Convention, European Court, Human Rights Act 1998, Independent Reviewing Officer, proportionality, Strasbourg on May 23, 2014 by Sarah Phillimore.
← What do court orders look like? What is CAFCASS? Who is the guardian? →
33 thoughts on "Proportionality and Article 8 of the ECHR"
Julie May 25, 2014 at 11:37 am
This is a really helpful explanation of Article 8 in care proceedings, thanks. Also useful for students!
It might be worth adding that although the House of Lords rejected the Court of Appeal's idea of a starred care plan, they did identify some potential gaps in processes whereby plans could be reviewed and challenged after the order. This led to the establishment of the role the independent reviewing officer (IRO), I believe.
Thanks – good point and will amend post to include.
Have amended post to include reference to the Independent Reviewing Officer – hope this is helpful.
ian josephs August 17, 2015 at 10:09 am
The saddest thing about Article 8 is the way uk judges have turned it on its head to frustrate the purposes for which it was formulated !
Clearly those who drafted an article stating that all should have the right to a private family life undisturbed by public authority intended it to be a protection for the family against unecessary interference by the State.
When I studied law more than 50 years ago I was taught that statutes should be interpreted as far as possible to give effect to the purposes for which those who drafted the law intended ;
Uk judges have instead against all logic turned article 8 into a weapon used by the State to silence protesting families in case by protesting publicly they breached the privacy of the baby or child in question ! Article 8 protects the UK State against families !! By gagging parents who try to protest publicly against a perceived injustice they contravene the purpose of the Act which was to protect families from the State not vice versa and I find that very sad………..
Sarah Phillimore Post author August 17, 2015 at 10:17 am
You may have studied law a very long time ago but I assume your reading comprehension levels remain adequate to allow you to read the text of Article 8. Having done so, you will quickly discover that it is NOT an absolute right as you seem to state in your comment.
It can and it should be 'disturbed' by the state when it is found that the vulnerable are at risk.
It is always a matter of interest to me that objections to the current system appear largely based on anger that anyone should dare to presume to 'meddle' with the family and the rights of the adults in that family to do whatever they like and treat children however they wish and only the criminal law could or should stop them.
ian josephs August 17, 2015 at 1:11 pm
The anger is that a law passed to protect families from the State has been misinterpreted by the judges to gag the parents and so protect the Stare any families who dare to protest publicly ! Sarah you do love to misquote others (not only me) and then demolish the absurd misquotations made by yourself ! But what a sterile way to pusue an argument……..
I never said that anything was an absolute right , and I never said adults should be able to treat children how they like with only criminal law to stop them. I do say children should never be taken for adoption or long term fostercare from law abiding citizens;Minor misdemeanours (slapping but not bruising for example) deserve minor forms of correction,parenting classes maybe?
I apologise if I misquoted you. I am glad you recognise Article 8 is not absolute.
But you have repeatedly said that only parents convicted of crimes should have their Article 8 rights infringed by removal of their children.
If you don't accept that some children need to be removed from parents who are not convicted of crimes, what do you propose to safeguard them?
No children should be removed from sane law abiding citizens but other measures such as parenting classes can be taken in some cases. My main point however is that judges use a measure intended to protect parents from the state to protect the State from outraged parents by gagging them because of alleged privacy !
What is your experience of the efficacy of 'parenting classes' for parents with drug/alcohol addiction/mental illness/serious learning disabilities?
Judges and lawyers deliberately deceive parents !
If at the conclusion of the case the family court judge as says the usual "I refuse leave to appeal"that is not final at all though both the judge and your lawyers would like you to think it is .They rarely tell parents the truthful position and later judges remark that the parent FAILED TO APPEAL as though this mean't they accepted the loss of their children. Do not hesitate therefore to ignore the judge's initial refusal. Just go back to the court and apply for an oral hearing asking for permission to appeal !
In the case of Vicky Haigh; L.J.Wall (at that time President of the family court) deceived the public when he claimed that Vicky had refused supervised contact with her daughter who had accused her father of sexual abuse and therefore was justifiably deprived of any future contact whatever ! What he omitted to say was that she merely refused to sign an agreement with the "SS" stating that she was quite content for her daughter to remain in full exclusive custody of her father and only because she refused to sign that document was she deprived of all contact direct and indirect with her daughter for many years right up to the present day.Later when she met met with the father and her daughter at a petrol station where the father had pulled up to fill up his car, she was sentenced to 3 years jail for speaking to her own daughter as this mean't she was breaking the court order forbidding her contact of any kind ! Wall also mentioned speaking of the earlier case "she did not appeal" failing to mention that as in so many cases the lawyers had failed to do so despite their client's instructions . (too much like hard work?)
The court did not accept that Vicky Haigh 'innocently' just happened upon her daughter at a petrol station. This is the same child that Vicky Haigh deliberately brainwashed to say that her father had sexually abused her, when he had not. This is the same child who does not have any contact with her mother, because of her mother's own appalling behaviour.
the fact that you wave a flag for Vicky Haigh, a child abuser, is not surprising. I assume its the same flag you wave for Marie Black.
How much money have you given Vicky Haigh?
angelo granda August 17, 2015 at 5:11 pm
I ask Sarah's advice here as I am uncertain how much value our Family Court puts on 'invisible' provisions of the Law.
This is an extract from ECHR advice sheets.
PROPORTIONALITY
There are several invisible provisions of the Convention- concepts and rights which are not to be found expressly anywhere in the wording of the text but which have become over the years an integral part of Convention Law.
Of these PROPORTIONALITY is the most significant and is at the heart of all justification for interference with Convention rights.There are a number of key tests which can be applied to any Convention question:
1. Have " relevant and sufficient reasons" been advanced for any interference with a convention right? Is it necessary in a democratic society"/ Does it correspond to a " pressing social need"?
2. Is there an alternative which would have interfered less? Has it been considered? Have relevant and sufficient reasons been given for rejecting it?
3. Were procedural safeguards both in place and observed so as to avoid the possibility of abuse?
4.Does the interference operate so as to " impair the very essence of the right "?
The test of proportionality therefore needs to be added to those tests already familiar to English lawyers and in particular to the concept of Wednesbury unreasonableness. ______________________________________
As a layman, I would say that no.3 is fairly absolute and supports my view that appeal is the only remedy when the Local Authority fails to conduct a case correctly.
In respect of no. 4, I would say that removing children from natural family disproportionally certainly "impairs the very essence of the right "
All comments welcome.
Sarah Phillimore Post author August 18, 2015 at 8:33 am
Yes, lawyers and courts are generally very well aware of all the implications of Article 8 – there are very many reported cases now discussing all angles and I would think any family lawyer/judge who wasn't fully aware of these principles would be incompetent.
The problem is that 'proportionality' will inevitably involve some subjective assessment. Ian Josephs for example, clearly has a high tolerance regarding issues of violence in the home and does not think a child should be removed unless a parent has been convicted of a criminal offence regarding such violence. He does not think it is 'proportionate' to remove a child who is frequently exposed to violence in the home and whose parents cannot or will not take action to keep the child safe. However, there is no judge that I am aware of who would agree with him. It is entirely 'proportionate' and hence lawful in their eyes to remove these children. Given that the Children Act 1989 has not been successfully challenged in the European Court, it would appear that our approach is approved by those who enforce the European Convention.
Hopefully I will have time today to cut and paste some of your comments to form a post so that the points you make do not get lost.
angelo granda September 5, 2015 at 12:27 pm
Can any decision be proportionate if:-
a) Procedural safeguards are not in place,or
b) they are not observed?
Yes. Particularly if situation is urgent. But you would have to examine such a decision very carefully. Lack of compliance with procedure does not automatically render a decision unlawful. Just as correct compliance with procedure does not automatically confer lawfulness.
angelo granda October 13, 2015 at 8:03 pm
So what about the key question of the possibility of abuse?
Surely lawyer fully understand that when safeguards aren't observed by sw's ,on the balance of probabilities they are abusing the system. It probably renders a decision unlawful.Perhaps okay in less serious cases but not in those where removal to be considered.
If safeguards not enforced scrupulously in family courts then that goes against High Court ( common law), many will think. The High Court considers that removal rarely necessary then only when all safeguards followed.
Family Courts which regularly allow safeguards to be compromised not fit to hear serious cases or to hand out sanctions that exceed any which normal courts can.
No criminal judge would tear a family apart permanently even if he or she gaoled a parent for ten years! If safeguards were not observed,a retrial would be ordered,I presume,as is proportionate with serious cases.
Sarah, what about this compromise? In the criminal justice system ,there are two levels.In a serious case, a suspect can ask to be dealt with in Crown Court. How about two levels of Family Court?
1:-Note the observation of Supreme Court Judge Baroness Hale of Richmond JSC (para 143):"We are all frail human beings, with our fair share of unattractive character traits, which sometimes manifest themselves in bad behaviours which may be copied by our children. But the State does not and cannot take away the children of all the people who commit crimes, who abuse alcohol or drugs, who suffer from physical or mental illnesses or disabilities, or who espouse antisocial political or religious beliefs
.2:-Orders contemplating non-consensual adoption – care orders with a plan for adoption, placement orders and adoption orders – are "a very extreme thing, a last resort", only to be made where "nothing else will do", where "no other course is possible in [the child's] interests", they are "the most extreme option", a "last resort – when all else fails" – Munby LJ(now President of the family courts) in Re B
3:-MR JUSTICE MOSTYN said"PARA 35. The proposition of the merits of adoption is advanced almost as a truism but if it is a truism it is interesting to speculate why only three out of 28 European Union countries allow forced or non-consensual adoption. One might ask: why are we so out of step with the rest of Europe? One might have thought if it was obvious that forced adoption was the gold standard the rest of Europe would have hastened to have adopted it. The relevance of this aspect of the case is surely obvious."
ii.Link – http://www.bailii.org/ew/cases/EWHC/Fam/2014/3388.htm
4:-I also remind readers of the wise words of Hedley J in Re L (Threshold Conditions) [2007] 1 FLR 2050:"Many parents are hypochondriacs, many parents are criminals or benefit cheats, many parents discriminate against ethnic or sexual minorities, many parents support vile political parties or belong to unusual or militant religions. All of these follies are visited upon their children, who may well adopt or 'model' them in their own lives but those children could not be removed for those reasons."
5:-Lord Templeman inRe KD 1988:
The best person to bring up a child is the natural parent. It matters not whether the parent is wise or foolish, rich or poor, educated or illiterate, provided the child's moral and physical health are not in danger. Public authorities cannot improve on nature
ii.WHAT OTHER JUDGES SAY :-
1: Lord Justice Thorpe said There is nothing more serious than a removal hearing, because the parents are so prejudiced in proceedings thereafter.
2: Lord Justice Wall (the former Senior family court judge) said that the determination of some social workers to place children in an "unsatisfactory care system" away from their families was "quite shocking".
3: In a separate case on which Sir Nicholas Wall also sat, Lord Justice Aikens described the actions of social workers in Devon as "more like Stalin's Russia or Mao's China than the West."
What's your point? Yes, society can't police every single inadequate parents. That is why the test is significant harm. But you don't think what Vicky Haigh did to her child was 'significant harm'. You are wrong.
ian josephs August 19, 2015 at 2:40 am
Let us say that Vicky Haigh was guilty as charged and (for the sake of argument) did harm her daughter by coaching her so that the father was given custody..The question of proportionality then should be considered.
There is no way that she and her daughter should be fobidden to communicate with each other by phone, email or even a birthday card(for which Vicky was briefly jailed).
To sentence her to 3 years jail for speaking to her daughter( whom she had not seen for 2 years,) at a petrol station in defiance of a court order forbidding mother and daughter to converse was so excessive it was reduced by 5 months on appeal but still was inhuman.It should have been clearly stated in court that there was no way that Vicky could have known that her ex husband was going to fill up with petrol at that station at that time and on that day.He probably did not know it himself !
Before Sarah goes on about Christopher and myself banging the drum for the likes of Vicky Haigh and Marie Black I can only say yet again that we bang on when a court acts unfairly or contrary to home office guidelines and never do you hear us shout that a verdict was wrong ,only that the verdict was unsafe or the sentence excessive, because of the way the court was conducted in both cases.
never do you hear us shout that a verdict was wrong ,only that the verdict was unsafe or the sentence excessive.
Interesting. So Vicky Haigh DID abuse her daughter and Marie Black IS a child rapist – you just don't think either of them should be prevented having children in their care?
The court did not accept Vicky Haigh 'innocently' chanced upon her daughter. the court found it was deliberate harassment and breach of a previous order. This little girl now doesn't want to see her mother because of what her mother has done to her.
It is indeed a tragic situation for all, but the fact that Vicky Haigh went to prison and doesn't see her child is the fault of nobody but herself – and whichever irresponsible idiots have been encouraging her along the way to behave so badly and with so little understanding of her daughter's needs.
ian josephs September 6, 2015 at 5:59 pm
It would be great Sarah if you read what I actually wrote not what you imagine I might have written ! I never said Vicky abused her daughter and I never said Marie was a rapist. I never said they should have children in their care if they were guilty.
Neither you nor the court can explain how Vicky was supposed to know that her ex would choose to fill up with petrol at that service station and at that time. with their daughter in the car !
It is an abuse of the children to deprive them of all indirect contact with their mothers and their is no evidence that Vick's daughter does not wish to see her.
Jail for sending a birthday card that never got there?
angelo granda August 19, 2015 at 12:33 am
Carla, You say the test is significant harm.
Please clarify it. Do you mean the test for the issue of a care-order or other order or are you saying that it is the test for permanent removal?
I don't know who Carla is but I can answer that question.
Before the state is allowed to interfere in family life it has to show that its actions are necessary, lawful and proportionate. The test in care proceedings is – is the child suffering or at serious risk of suffering significant harm? If the answer to that is 'yes' the court must decide what order best protects the child – so it could be a care order, a supervision order or even no order at all.
If it is dispute between parents then the court takes the child's welfare as paramount and asks itself which parents is the best able to meet the child's needs, including his need to have a relationship with both parents. That is why Vicky Haigh can't have a relationship with her daughter – because she abused her by telling her shocking lies about her father and attempting to destroy that relationship. the court wouldn't let her do that, rightly so.
ian josephs October 14, 2015 at 9:56 am
I repeat that Vicky was never convicted of any criminal offence except that of speaking to her daughter contrary to a court orcer.NO fact finding found that she had coached her daughter .She did not deny however that she believed what her daughter had reported to her teacher (who believed it too) and to the police and that was enough to forbid her from any contact of any kind whilst the mother of baby P happily saw her surviving children in jail befor setting out with a new name and an anonymous new life and new job at vast public expense; Vicky now trains racehorses in France (which she could not do if she was "undesirable" let alone a criminal) and cares for her youngest three year old daughter born in France and safe from UK social services.
Lastly ,because neither Christopher or I dispute verdicts it certainly does not mean we agree with them.It does mean that we often think they are unsafe usually because of the outrageous behaviour of the family courts and social services and that a fair retrial should take place.
angelo granda October 14, 2015 at 11:11 am
Ian, The Social Workers will continue as long as Lawyers allow them to get away with it!
The lawyers have double standards. They will protest immediately when a parent breaks a court order (when they represent the LA's) yet they are pussycats( when working for parents) apparently.
LA's can flout procedures AND court orders seemingly more or less at will.Have any been gaoled recently? Please forgive me for 'thinking' such things if I am wrong and they have,readers.
Sarah Phillimore Post author October 14, 2015 at 11:14 am
No they can't. And there is a wealth of case law to show that when LA flout orders, the court holds them to account.
I am so pleased to hear sw's are being held to account nowadays
Are they gaoled?
Are they sacked?
Are they sent for retraining, demoted and moved to 'light' duties even?
Sarah, I am sorry for asking these questions but parents guess they aren't.
If you go to the Community Care site, they report frequently on what happens to SW who are found to lie etc. They are usually struck off. I don't think many are sent to prison. If they are not struck off then re-training is recommended.
Sam October 14, 2015 at 5:52 pm
Not always!!!!! Not sure if enough exclamation marks
If the LA are FOUND to have acted in appropriately the court will ALWAYS hold them to account. this is the rule of law.
the problems arise if parents assert that the LA HAVE acted wrongly but the court refused to recognise that or the court don't think the misbehaviour is so serious.
Truth collins July 9, 2018 at 5:33 pm
Sarah phillimore you are a mindless legal robot for a wicked and corrupt "legal" system {Snore. Abuse. Redacted. Come back when you have something to say}
Sam July 9, 2018 at 7:01 pm
Actually Sarah has done a tremendous amount over the years to highlight abuse and the shortcomings in the system. She doesn't always agree with parents but she does give them a voice.
I do understand your anger; I hope you eventually find some peace. I speak as a parent, who has been through the wringer like yourself.

redpajama_set_name: RedPajamaCommonCrawl


text:
Danielle Parkinson Interviews Katie Pattison-Hart Part 1
In 2012 Katie and four other women rowed across the world's second largest Ocean covering 5,000kms from the Canary Islands to Barbados. With no outside assistance and no sight of land for 45 days, the women braved 50ft waves and survived on dehydrated food and desalinated water whilst rowing (naked) on a two-hour shift system all day and all night. With equipment malfunctions, huge storms, sleep deprivation, sea salt sores, only one seasoned rower in the team, no home comforts and a bucket as a toilet.
Katie shares her captivating story of how they smashed two Guinness World Records! They are:
The fastest female crew to row across the Atlantic Ocean.
The first female crew of five to row any Ocean.
Katie is a British national who was born and brought up in Brunei. She went on to study Financial Economics in the UK where she started her career in an International Bank. Katie climbed the corporate ladder in the same company over an eight-year period working in various locations in the UK and Dubai, where she has now been based since 2005. Katie went on to be a Director of a UAE based Finance House and later worked as a Sales Director of a Consultancy Firm. In 2011, Katie decided to take a career break and joined the RowForFreedom team raising awareness and funds against Human Trafficking.
Katie has strong business acumen with a tenacious attitude towards tasks. She is often referred to as a natural leader and an inspiration to others. Katie now has her own fashion line called Boho Princessa and is a Motivational Speaker.
KMs of Open Ocean
days at sea
outside assistance
Katie speaks about her experience within her team and how they went from being non-rowers to Guinness World Record Breakers in what is known as the world's toughest endurance race.
"Our focus on aligning our goals and our core values was the start of our team building. Individuals had to demonstrate: commitment, determination, hard work, passion, positivity, a can-do mentality and open communication.
Getting to know each other's strengths and weaknesses was so important to ensure we filled gaps and we could also pull the right resources together in life and death situations whilst on the ocean.
Being stripped back to absolute basics, there was no room for ego's out on the ocean and there was certainly no time for us to start to get to know one another. We needed to have an effective working relationships on dry land before we set off on this adventure.
The build up to our departure involved an eight-month period of intense training and preparation. We worked hard to find solutions to team problems and ensured that ever-changing roles were always clearly defined.
The outside world only saw our success when the media announced our recorded breaking Atlantic Row. What people didn't see was the preparation it took for us to get to the start line."
The techniques used within this extreme adventure can easily be transferred to the corporate world. Katie delivers these key messages in her captivating story to inspire others.
"You can do what I cannot do. I can do what you cannot do. Together we can do great things" Mother Theresa
A good leader is honest, courageous, authentic, passionate and inspiring. We all have these qualities in us but the challenge is to make sure that they are always present. A combination of competence and consciousness creates a good leader. As we become more conscious, our effectiveness as a leader increases.
Katie speaks of how each team member stepped up to be a leader in their own right whilst working together as a team. The key here was to gain commitment. Clear roles and responsibilities were agreed based on individual strengths within the team.
"Showing commitment and dedication to the end goal was so important and we regularly challenged one another to make sure everyone was as committed to the crossing in equal measures."
Katie speaks of how serious and high risk rowing the Atlantic really was. With one third of those who attempt an Ocean crossing ending in failure, this challenge was not to be taken lightly.
The lives of the team members were literally in each other's hands. Lack of commitment wasn't an option. The Ocean doesn't give you any room for excuses!
These same principles can easily be applied in the corporate world. Katie speaks of the importance of gaining buy in, acting with integrity and being transparent with open and honest lines of communication.
"Leadership is about making others better as a result of your presence and making sure that impact lasts in your absence."
Why would you CHOOSE to row across the Atlantic Ocean with no outside assistance for 45days?!
Katie speaks about the motivation behind her decision to join this all female crew to take on the world's toughest endurance race. And how this motivation gave her focus and determination to get across the finishing line.
"As we get older having a "new experience" in our daily activity becomes less than when we were a child. As adults we have to actively seek out new experiences to ensure that we are continuously developing as an individual." Says Katie.
Katie is a strong advocate and encourages others to "get out of the comfort zone" and learn new skills to stay alive and become a more confident and capable individual.
The row took place to raise awareness and funds to help fight Human Trafficking. The victims within the Human Trafficking industry have no choices. We had every choice to be on the boat and that was a massive privilege that doesn't come along every day. The suffering we felt was nothing in comparison to those who don't have their freedom. This was a massive motivation as there is always someone who is in greater need than you. Being selfless and putting others before you has the power to make this world a better place.
Katie speaks of how an experience like this soon changes your perspective on life.
By going through this physical and mental challenge it made Katie realise how insignificant we are in comparison to Mother Nature.
"If you want something bad enough you will find a way, if you don't you will find an excuse!"
As humans we only use a very small percentage of our full potential. Growth is so important to feeling alive and passionate and to also building new skills to make you a more confident human being. To grow we need to get out of our comfort zone. To achieve new things we must do something we've never done before. Katie speaks of how it is scary being exposed to new experiences and how she still feels fear. "It's how we respond to that fear that matters. Our instincts will warn us that we are at risk and we will make a decision based on "fight" or "flight". We can either choose to face the fear or run away from it." Katie believes in being brave and facing fears and being very conscious and tuned in when weighing up the risks. "To take risks they must be analyzed and calculated. Never enter into a new experience without doing your research. Weighing up the risks versus the reward is so important and training yourself to do this will help you in life to make good decisions efficiently." "If it's failure that you are scared of, then don't be as failure brings you lessons which are often more valuable than succeeding."
If you fail to plan you will inevitably plan to fail! Katie spent her early years of her banking career advising small to medium sized businesses. Katie would work together with her clients to help create their business plan. Entrepreneurs often have the vision and know their goals. Putting pen to paper makes it real and people accountable. Katie and her team did the same with their planning for their row. The overall common goal was clearly defined with a precise mission statement. This process also helped establish the work ethics and team culture. Daily actions were monitored and reviewed to ensure they were on track to achieving their goals. Katie speaks about the value of planning and preparation. Eight months were dedicated to the planning and preparation process and it only took one and half months to carry out the actual physical rowing journey itself. Success comes from consistent daily actions, with a clear objective in mind and a flexible yet determined approach.
PIC HCARITY BALL
An Ocean of Opportunity
xpress4me
World Record Breaker
THE HUMANITARIAN
"The only constant we have in life is change."
KATIE PATTISON-HART
"I was totally blown away by Katie, such an inspiration"
Attendee, Hays PA Conference
"Katie was very inspirational, spoke really well and I was really impressed with her 'can do' attitude to life. I think I was especially impressed because she seemed to have achieved so much in her life time"
"Mind blowingly inspirational. She quite clearly could have presented for longer and I would have loved to hear more"
"OMG, what a brave woman! Don't think I would have lasted the training let alone get on the boat for all those days"
"Very inspiring. Would have been nice to get some literature about her/press cuttings/an insight into her current role"
Book Katie
Copyright 2016 - Katie Pattison-Hart.All Rights Reserved


text:
Israeli Tech combating Covid-19
COVID-19 pandemic requires rapid action and innovation. Several Israeli companies have managed to move extremely fast on innovating and adapting their technologies to tackle the coronavirus pandemic.
What is the role of innovation and technology in overcoming the COVID-19 pandemic and improving healthcare services during these challenging times?
What are some of the existing technologies that can make a difference in combating the COVID-19 pandemic?
On May 4th, we have co-organised a webinar with Startup Nation Central and the Israeli Ministry of Economy and Industry to answer those questions and featuring Israeli startups combatting Covid-19.
The webinar showcased relevant Israeli technologies that are ready for deployment in developing countries, specifically in Africa, with the purpose of connecting these innovative solutions to partners interested in collaborating on the ground. We were happy to have participants from over 15 countries around the globe and an active engagement from the audience looking for getting in touch and partnering with the innovators.
If you couldn't join our webinar, you can watch the recording here:
The website CoronaTech initiated by SNC and HealthIL is listing all startups that are relevant and have adapted their solution to answer challenges related to the Covid-19 pandemic.
Following this great initiative, the Pears Program team has been talking with many partners in the field to understand the specific challenges they are facing. Together with our partners, we have created a short list of Israeli technologies that are relevant, affordable or ready for deployment in developing countries. You can see below, information on the four startups which were presented in the webinar as well as additional technologies in the health field and beyond, which are also at the forefront of the COVID-19 battle:
Diagnostics Robotics- Medical-grade AI triage and clinical-predictions platform Adaptation Covid-19: Diagnostic Robotics is fighting Coronavirus (COVID-19) with a triage and monitoring system for healthcare providers, payers and government agencies. The system provides remote patient screening, triage for symptomatic patients, and population-level monitoring of COVID-19 trends and hot spots. The system has been successfully deployed by Israel's Ministry of Health and all the HMOs in the country. It has been deployed in the State of Rhode Island and in the State of Odisha, India as part of a global partnership with Deloitte and Salesforce - Explore the solution here.
Opensource Ventilator:
AmboVent: AmboVent is an open source Ambu based respirator designed by a team of Israeli engineers and medical experts as a response to the worldwide shortages in mechanical ventilation devices caused by the 2019–20 coronavirus pandemic. The AmboVent respirator was engineered for mass-production at low costs, using off-the-shelf components removing the need for complex assembly lines. The device's entire blueprints, mechanical & electrical designs, source-codes and medical/engineering test reports were published on GitHub as open-source hardware and software on the evening of 1 April 2020 - Explore the platform here
Growponics - Agritech company
Adaptation Covid-19: A quick and simple mechanical ventilation solution for COVID-19 respiratory patients Growponics has expanded many resources to quickly and most professionally build a Ventilation machine. Growponics has teamed up with physicians experienced in the different aspects of mechanical ventilation in order to develop a quick and simple solution for respiratory patients with COVID-19 in need of respiratory assistance. The device is based on a manual respiratory balloon. The person operating the device squeezes the balloon rhythmically to ventilate a patient in emergency situations. - See more here
Beecardia - Beecardia, by Witalize, provides devices for ECG monitoring and analysis. Beecardia's solution consists of high-quality 3–12-lead ECG sensors and an electronic stethoscope designed to record, upload, and interpret cardio signals anywhere and anytime in conjunction with mobile, desktop, and web software - Explore the technology here
Earlysense - EarlySense has developed a contact-free monitoring system designed to enhance safety and reduce risk for general care patients. EarlySense can be used by hospitals, healthcare systems, integrated delivery networks, and rehabilitation centres. heart rate, respiratory rate, and movement
Adaptation Covid-19: Use of continuous monitoring for isolation patients. Completely Contact-free Continuous Monitoring or Heart Rate, Respiratory Rate, and Motion - Explore the solution here
Flight Medical - Flight Medical develops, manufactures, and markets life-supporting portable respiratory ventilators for home care, long-term care, emergencies, transport, hospitals, and subacute environments - See more here
Binah.ai: Binah.ai's technology enables the extraction of a large set of vital signs and mental stress measurements based on the analysis of a video taken with any device equipped with a camera (smartphone, tablet, kiosk, in-car camera and many more). Binah.ai video-based monitoring solutions deliver on the promise of digital healthcare services extended to everyone, everywhere. Removing the need for extra wearables or home medical equipment, Binah.ai puts digital healthcare and personal wellness in anyone's hand.
Adaptation Covid-19: Combat the Spread of COVID-19 with realtime, remote video-based Vital Signs Monitoring
Explore the solution here
Soapy: Soapy Care has developed an IoT-powered hygiene micro-station designed to provide users with a precise dose of soap and water. The station turns the hand-washing process into digital data, and the company's technology produces data and insights from the device's use.
Adaption Covid-19: Soapy hygiene microstations can help to halt the spread of COVID-19 by ensuring that users get an easy and effective wash–the right amount of soap, water, and time, every time. - Explore the solution here
Avenews: Avenews creates the connection between financial institutions and agri-businesses through a digital infrastructure that directly links agri-trade activity with financial services.
Adaptation Covid-19: Avenews created a direct-to-consumer e-commerce platform as an additional product within our business to support small agricultural businesses suffering from the loss of their market. This platform was launched in 10 days in partnership with Strauss Foods with the sole purpose of supporting Israeli farmers during this crisis and ensuring their businesses will survive beyond this pandemic. Check it out here.
Explore the platform here
Keheala - Keheala is a mobile health company that aims to improve healthcare access and treatment outcomes for patients. By empowering patients with information, motivation, and support, Keheala delivers tools to overcome the non-medical drivers of disease that exist away from health facilities. Healthcare agencies are provided with remote-monitoring capabilities and vital analytics to combat epidemics in resource-constrained environments.
Adaptation Covid-19: Keheala has successfully transitioned to a remote-operating model. The tuberculosis patients using Keheala platform have uninterrupted access to information, motivation and support at a time when health facilities have limited capacity and are focusing efforts on a COVID-19 response.
If you are interested in knowing more about Israeli technologies in the COVID-19 response or connect to any of the companies mentioned above, contact us at yarden@pearsprogram.com
Stay safe and wash your hands!
The Future of FinTech in Ethiopia
Coronavirus Resources, Challenges and Funding Opportunities


Open Feature request MC-662 Nothing entered.
Reverse the order is placed on all orders, sales.
open 5 minutes chart and enter the following code with the values of buy and sell just below and above the current ones.Make sure you are long or short position.
"Sellshort" is used to reverse. if you want to close long position, use "sell".
'''MultiCharts Support wrote:''' >This issue is targeted for **Declined/Not a Bug/Cannot Reproduce**.
This issue's status has been changed to 'Not reviewed'.
'''MultiCharts Support wrote:''' >This issue's status has been changed to 'Not reviewed'.
This issue is no longer targeted for Declined/Not a Bug/Cannot Reproduce.
I have transformed this bug report into a feature request.
Assume, that a signal entered long by 2 with 2 contracts and reverse orders are generated.
We understand your point, Sir. We are planning to implent a feature in one of future versions of MC that will allow you to choose between how it works now in MC and and how it works in TS. There is no eta yet, but according initial estimation it may be implemented in 2-3 months, Sir.
'''MultiCharts Support wrote:''' >We understand your point, Sir. We are planning to implent a feature in one > of future versions of MC that will allow you to choose between how it works > now in MC and and how it works in TS. There is no eta yet, but according > initial estimation it may be implemented in 2-3 months, Sir.


text:
30 Days of Night film review
Steven Casey Murray
'30 Days of Night,' based on the comic book mini-series of the same name; is a stylised, bleak, vampire horror. Starring, predominantly, Melissa George and Josh Hartnet as the two main protagonists, the film is in a league of its own, and doesn't stick to any clichés set by horror films, vampire genre, or not.
Barrow, Alaska, is preparing for its thirty days of darkness. Strange things are already happening though; A Stranger (Ben Foster), arrives, and then starts sabotaging the town. He steals and burns the cell phones, kills all of the sled dogs (in a brutal, nasty scene, which is hard to watch) and destroys the town's only helicopter. All of this obviously, so no one can leave the town or call for help.
Barrow's sheriff, Eben Oleson, (Hartnett), investigates the crimes. At the same time, his estranged wife, Stella (George), who is only in town, working, has missed the last plane out of the gloomy place and will have to spend the thirty days there.
Soon, darkness descends and so do a bunch of creepy, odd looking vampires, who want to feed on the entire town, kill everyone, and make it all look like a terrible accident; therefore keeping themselves as myths.
Eben and Stella lead a bunch of people to safety, hiding in different parts of the town, before breaking into an empty house they know of, and trying to ride out the thirty days in an attic.
The film is amazing to watch, and comes across very stylized, claustrophobic and genuinely bleak. The movie doesn't pretend to be anything other than a horror, it doesn't mess around with modern horror clichés, there are no in jokes or post-modern humor. The movie takes itself seriously, and so does the audience.
Hartnett and George are fantastic in their roles, especially Hartnett, who the audience really bonds with. The movie develops their characters, and their relationship, particularly – and this works well within the darkness of the film.
As the weeks go by, the mood of the film sinks deeper and deeper, and casts a real depression, that even when the credits role, still doesn't lift. The movie pulls no punches and at times is very ghastly with its blood and carnage – but because we've been taken into this world (as the viewer), it is acceptable.
Although the film is in-correct with a lot of the facts it states, for example, Barrow is not shut off for the (actual) sixty five days of darkness it recieves, there are planes constantly available out. The town is not in constant darkness either - bright twighlight happens between the midday hours; it is still a great idea for a vampire movie.
A really good, original piece of cinema – not a feel good movie by a long shot, but it does bring back the meaning of true horror.
Official movie site for '30 Days of Night'
Official site for the graphic novel series '30 Days of Night'
Content copyright © 2018 by Steven Casey Murray. All rights reserved.
This content was written by Steven Casey Murray. If you wish to use this content in any manner, you need written permission. Contact Steven Casey Murray for details.
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Using a Microsoft email service in conjunction with your iPhone is rather effortless. This is a guide on how to add Outlook email to iPhone, you can apply the same workflow to Hotmail, Live and MSN-Mail �... 6/06/2011�� I used MSN mobile and made a link directly to my MSN email on my iPhone home screen. I am able to check my email quickly however there is no notification/ push.
6/06/2011�� I used MSN mobile and made a link directly to my MSN email on my iPhone home screen. I am able to check my email quickly however there is no notification/ push.
6/11/2014�� i got the new iphone 6. i could set my msn email and it work. the i got the new msn and email stop working. i have tried to set up in outlook but it does not recognize my password.


A popular autumn lesson plan is to assign students to make a leaf identification booklet. Here are free printable tree identification charts and leaf patterns and fall craft stencils. Parents, homeschoolers and teachers, make flashcards with these tree and leaf patterns. Use in hands-on Montessori style games for nature science study. Make tree and leaf books. Assign students to collect leaves, press them or make leaf rubbings. Students should label leaves and trees using identification diagrams.
About Forestry has free printable leaf patterns for tree and leaf identification from common trees around the country. The site also has textbook-quality, beautifully detailed free printable leaf coloring pages taken from naturalist Charles Sprague Sargent's leaf plate illustrations. Each page features a different leaf with its corresponding tree, berry, nut and foliage. These printable illustrations include cut-away drawings and other helpful identification data, plus the Latin classification for genus and species of the tree. The website gives the leaf and tree names in their American variation. Use these printables for taxonomy lessons on KPCOFGS (Kingdom, Phylum, Class, Order, Family Genus and Species) as developed by zoologist Carolus Linnaeus.
Arbor Day offers several printable nature science resources and online tree and leaf identification activities. Here's a link for About Forestry's leaf and tree identification homepage. From here, follow the links for different information about conifers, deciduous trees, hardwoods, and other assorted trees from different biomes and habitats. Don't miss these free printable forest map. Here are free printable leaf stencils for decorations and children's activities.


text:
package io.crate.metadata;

import static io.crate.Constants.DB_NAME;

import java.io.IOException;
import java.util.List;
import java.util.Locale;
import java.util.Set;

import javax.annotation.Nullable;

import org.elasticsearch.Version;
import org.elasticsearch.common.io.stream.StreamInput;
import org.elasticsearch.common.io.stream.StreamOutput;
import org.elasticsearch.common.io.stream.Writeable;

import io.crate.blob.v2.BlobIndex;
import io.crate.exceptions.InvalidRelationName;
import io.crate.exceptions.InvalidSchemaNameException;
import io.crate.metadata.blob.BlobSchemaInfo;
import io.crate.metadata.doc.DocSchemaInfo;
import io.crate.sql.Identifiers;
import io.crate.sql.tree.QualifiedName;
import io.crate.sql.tree.Table;

public final class RelationName implements Writeable {

    private static final Set<String> INVALID_NAME_CHARACTERS = Set.of(".");

    @Nullable
    private final String schema;
    private final String name;

    public static RelationName of(QualifiedName name, String defaultSchema) {
        List<String> parts = name.getParts();
        if (parts.size() > 3) {
            throw new IllegalArgumentException(
                "Table with more than 3 QualifiedName parts is not supported. Only <catalog>.<schema>.<tableName> works.");
        }
        if (parts.size() == 3) {
            ensureIsCrateCatalog(parts.get(0));
        }
        if (parts.size() >= 2) {
            return new RelationName(parts.get(parts.size() - 2), parts.get(parts.size() - 1));
        }
        return new RelationName(defaultSchema, parts.get(0));
    }

    public static RelationName fromBlobTable(Table<?> table) {
        List<String> tableNameParts = table.getName().getParts();

        if (tableNameParts.size() > 2) {
            throw new IllegalArgumentException("Invalid tableName \"" + table.getName() + "\"");
        }
        if (tableNameParts.size() == 2) {
            if (!tableNameParts.get(0).equalsIgnoreCase(BlobSchemaInfo.NAME)) {
                throw new IllegalArgumentException(
                    "The Schema \"" + tableNameParts.get(0) + "\" isn't valid in a [CREATE | ALTER] BLOB TABLE clause");
            }
            return new RelationName(tableNameParts.get(0), tableNameParts.get(1));
        }
        assert tableNameParts.size() == 1 : "tableNameParts.size() must be 1";
        return new RelationName(BlobSchemaInfo.NAME, tableNameParts.get(0));
    }

    public static RelationName fromIndexName(String indexName) {
        IndexParts indexParts = new IndexParts(indexName);
        return indexParts.toRelationName();
    }

    public static String fqnFromIndexName(String indexName) {
        return new IndexParts(indexName).toFullyQualifiedName();
    }

    public RelationName(StreamInput in) throws IOException {
        if (in.getVersion().before(Version.V_4_2_0)) {
            schema = in.readString();
        } else {
            schema = in.readOptionalString();
        }
        name = in.readString();
    }

    public RelationName(@Nullable String schema, String name) {
        assert name != null : "table name must not be null";
        this.schema = schema;
        this.name = name;
    }

    @Nullable
    public String schema() {
        return schema;
    }

    public String name() {
        return name;
    }

    public String fqn() {
        if (schema == null) {
            return name;
        }
        return schema + "." + name;
    }

    public String sqlFqn() {
        if (schema == null) {
            return Identifiers.quoteIfNeeded(name);
        }
        return Identifiers.quoteIfNeeded(schema) + "." + Identifiers.quoteIfNeeded(name);
    }

    public QualifiedName toQualifiedName() {
        if (schema == null) {
            return new QualifiedName(name);
        } else {
            return new QualifiedName(List.of(schema, name));
        }
    }

    /**
     * @return The indexName for non-partitioned tables or the alias name for partitioned tables.
     */
    public String indexNameOrAlias() {
        if (schema == null) {
            throw new IllegalStateException(
                "indexNameOrAlias can only be generated from a RelationName that is fully qualified.");
        }
        if (schema.equalsIgnoreCase(Schemas.DOC_SCHEMA_NAME)) {
            return name;
        } else if (schema.equalsIgnoreCase(BlobSchemaInfo.NAME)) {
            return BlobIndex.fullIndexName(name);
        }
        return fqn();
    }

    public void ensureValidForRelationCreation() throws InvalidSchemaNameException, InvalidRelationName {
        if (!isValidRelationOrSchemaName(schema)) {
            throw new InvalidSchemaNameException(schema);
        }
        if (!isValidRelationOrSchemaName(name)) {
            throw new InvalidRelationName(this);
        }
        if (Schemas.READ_ONLY_SYSTEM_SCHEMAS.contains(schema)) {
            throw new IllegalArgumentException("Cannot create relation in read-only schema: " + schema);
        }
    }

    public static void ensureIsCrateCatalog(String catalogName) {
        if (DB_NAME.equals(catalogName) == false) {
            throw new IllegalArgumentException(
                String.format(Locale.ENGLISH, "Unexpected catalog name: %s. Only available catalog is %s",
                              catalogName,
                              DB_NAME));
        }
    }

    private static boolean isValidRelationOrSchemaName(String name) {
        for (String illegalCharacter : INVALID_NAME_CHARACTERS) {
            if (name.contains(illegalCharacter) || name.length() == 0) {
                return false;
            }
        }
        if (name.startsWith("_")) {
            return false;
        }
        return true;
    }

    @Override
    public String toString() {
        return fqn();
    }

    @Override
    public void writeTo(StreamOutput out) throws IOException {
        if (out.getVersion().before(Version.V_4_2_0)) {
            out.writeString(schema == null ? DocSchemaInfo.NAME : schema);
        } else {
            out.writeOptionalString(schema);
        }
        out.writeString(name);
    }

    @Override
    public boolean equals(Object o) {
        if (this == o) {
            return true;
        }
        if (o == null || getClass() != o.getClass()) {
            return false;
        }

        RelationName that = (RelationName) o;

        if (schema != null ? !schema.equals(that.schema) : that.schema != null) {
            return false;
        }
        return name.equals(that.name);
    }

    @Override
    public int hashCode() {
        int result = schema != null ? schema.hashCode() : 0;
        result = 31 * result + name.hashCode();
        return result;
    }
}

redpajama_set_name: RedPajamaGithub