A Code of Ethics for People
Working with Children and Young People
Preamble: Introducing the
Code
What is a Code of Ethics?
A Code of Ethics describes
the standards of practice expected of the
group of people to whom it refers. Codes of Ethics are seen as one of
the hall-marks of a profession, because the people who form the
profession are often in positions of power (perhaps because of
their specialist knowledge or because their profession has been given
powers by law) and those whom they serve are dependent upon
the competence and integrity of the professionals. Members of the
profession are expected to commit themselves to meeting the needs
of their clients, and not to exploit their positions of power.
Codes of Ethics, therefore,
set out the standards of practice expected of professional people, and
in consequence they are sometimes known as Codes of Practice. Codes are
often based on the general principles which underpin the work of the
profession. However, there is limited value in Codes if they cannot be
applied in practice, and general principles are abstract and vague. It
is therefore important that Codes should be specific, capable of
implementation and verifiable, so that their application in practice can
be seen, monitored, checked and evaluated.
Why have Codes of Ethics?
There are four main reasons
for having Codes of Ethics:
1. Codes define the overall
aims of the profession, the ideals to which childcare workers aspire, so
that they provide a sense of direction. Even if the aims that these
general principles describe are idealistic and represent an ultimate
goal beyond the standards usually found in day to day practice, they
provide a context for the objectives described in other standards.
2. Codes may describe good
standard childcare practice above the minimum acceptable, but
nonetheless achievable in day-to-day work. In this respect, they provide
guidance and help for childcare workers, helping them to become aware of
the standards they should realistically be able to achieve, and acting
as a quality assurance mechanism.
3. Codes lay down the minimum
standards of conduct which are considered acceptable, and which no
childcare workers should breach if they are to be considered
professional or remain in the work. People who work directly with
children and young people have privileged access to them and may be in
positions of power over them; they therefore have ethical and practical
responsibilities for their welfare. In this respect, Codes may be seen
as regulatory, and may be used for disciplinary purposes if it is felt
that their standards are breached.
4. The process of drawing up
or studying Codes of Ethics involves childcare workers in learning to
think and reason about their professional aims. In some countries there
is a tradition of working to written laws and regulations, while in
other countries issues are dealt with through discussion and dialogue,
with very little recorded guidance. Whatever ways are customary, the
process of discussing such matters helps people at all levels to think
further about what they are trying to achieve and about the ways in
which they should be working towards their aims.
The fundamental purpose of
setting up Codes of Ethics, underlying those listed above, is to
encourage the highest standards of care for children and young people,
and the ultimate test of their effectiveness is whether they have an
impact on practice.
In the contents of a Code of
Ethics for childcare workers, therefore, the emphasis should be upon the
needs of children and their families, and upon the ways in which those
needs may best be met. Codes should spell out why children and meeting
their needs are important, strengthening the motivation of childcare
workers to carry out their work effectively and reinforcing their
professional values, such as respect, care and concern for the children
and families with whom they work.
Which Code is best?
Over recent years, a number of
FICE members have devised Codes of Ethics. All of them were of course
devised to meet the needs of a particular Section or country or agency,
and they reflect the thinking of the place and time when they were put
together. None of them is ideal, to be replicated in all other
countries, though there is something to be learnt from each of them.
The reason why none is an
ideal Code is not because they were in any way badly prepared. The fact
is that the setting of standards is an ongoing process which never ends.
There are always ways in which we can improve, not only in our practice,
but in our understanding of what we are doing and in the way we describe
good practice in our Codes of Ethics.
The very process of drawing up
Codes helps to make us aware of shortfalls or areas in which we can
improve, and sensitises us more to the needs of children. It may be
argued, (especially in the current stage of the development of the
childcare profession), that the process of drawing up Codes is more
important than any Code in its agreed or authorised wording, because the
process helps to train us and develops our professional thinking.
Indeed, no Code, however good,
ever reaches a perfect finished state. There is always room for
improvement or for the reconsideration of issues in the light of new
thinking or of changes in professional practice or of developments in
the wider society.
Who is responsible for
drawing up a Code of Ethics?
If any Code is to be
effective, it needs to be owned by the whole workforce. The ideas and
values implicit in the Code need to be understood and internalised, so
that they are reflected in the everyday practice of all childcare
workers. A Code should not be seen simply as a set of rules imposed by
other people, but should be accepted by childcare workers as their own
thinking. If the ideas contained in the Code are not accepted in this
way, then further debate is needed, to ensure that the Code reflects
what childcare practitioners actually think and do.
Furthermore, if there is no
agreement generally about what is acceptable, the discussion needs to
continue until the issues are resolved. Through this process, the
realities of the situation should be made clear, and the issues which
are met in childcare will be shared more widely with other people in the
community, and the solutions which are reached will be more firmly
based.
Ideally, professional workers
should feel themselves so committed to the standards of practice laid
down in their Code that no formal regulation should be necessary.
However, to ensure that standards are implemented, it may be felt
necessary to endorse the Code through legislation or government
regulation. The approach taken will, however, vary from one country to
another, depending upon the type of systems used to regulate
professions, and it is for professional organisations to take a lead in
order to ensure that unworkable standards are not imposed upon them.
What are the problems
concerning drawing up Codes of Ethics?
A major problem in drawing up
Codes of Ethics is the need to ensure that language is used carefully to
mean what people intend to say. Often there are no really appropriate
terms to reflect the concepts which need to be communicated, and new
terms or definitions have to be created. There are also cultural
problems both between and within countries, which lead different groups
of people to understand language in different ways. Translating between
languages adds to the problem, and presents FICE with particular
difficulties in drawing up an internationally acceptable Code.
There is also the temptation
to use the jargon that reflects professional thinking at the time. There
is an argument for trying to avoid terms which are only understood
within the profession or service, since Codes should be able to be
understood by the public and by young people who wish to study or make
use of them. However, there are times when words have to be used in
special ways to carry specific meanings, and it is unlikely that all
jargon can be avoided.
However, these problems can
all be addressed through careful discussion, and this process helps to
ensure a deeper understanding of the differing approaches to children
and childcare found throughout the world.
The main problem in drawing up
Codes of Ethics, however, is probably the danger that standards may
become fixed and may be accepted as being unchangeable. If that happens,
the Code may serve to stifle thought and become rigid, rather than as a
flexible tool to be adjusted to serve the changing patterns of services
provided to meet the differing needs of children and young people.
What are the problems in
implementing a Code of Ethics?
However good a Code of Ethics
is, it can only act as a guide to help childcare workers and their
managers to find solutions to the problems they face, when it is
implemented in practice. Every problem one faces is slightly different
from others one has dealt with before, and they cannot be solved by
treating the Code as a rule book.
Sometimes there may be a
conflict between two principles which are both important. The needs of
children in the care of childcare workers may need to be balanced
against the needs of other children in their families, for instance.
Again, it may not be possible to resolve some problems without sharing
confidences and thus breaching confidentiality. Or again, judgements may
sometimes have to be made about the comparative needs of colleagues and
those for whom they care; a mischievous complaint by a child, for
example, can destroy a childcare worker's career.
It is often when there are
serious conflicts between principles that Codes of Ethics address the
key questions facing society, and resolving such dilemmas can be very
difficult, demanding clear thinking and honesty in facing the issues.
This may be seen when people working with children feel that they have
to challenge the law.
On this point there are
differences between countries, depending upon their cultures, legal and
political circumstances and the stage of development of the profession.
In some countries, it is felt that the Code should be consistent with or
based upon the law of the land. In other countries, the Code may be seen
as a way of asserting the responsibilities taken on by an independent
profession for its own standards, separate from the powers of the law
and the views of the government. In some countries, people may feel that
they have to oppose bad law-making or the injurious application of the
law, in order to retain their professional integrity and to meet the
needs of children and young people. In such circumstances, a Code of
Ethics can strengthen the resolve of workers to face difficult
situations.
At times it is also possible
that childcare workers may feel that they need to challenge aspects of
established or traditional culture because of the harm that they feel is
done to children. Examples in recent times in which such challenges have
been made include campaigns to abolish corporal punishment and female
circumcision and to control child labour. Such issues may be highly
contentious, and childcare workers need to ensure that they are working
from a sound and carefully considered ethical basis in challenging the
community's traditions.
However, by contrast, perhaps
the greatest problem which a Code of Ethics may face is that it may be
put on a shelf and forgotten. The issues it contains are of real
importance in setting high standards, and the contents of a Code of
Ethics should be reviewed at regular intervals to ensure that they
continue to reflect good practice, and that they inform the training
which staff receive.
2. Seven International
Ethical Principles for People Working with Children and Young People
It is the professional
responsibility of each childcare worker to:
1. Value and respect each
child or young person as an individual in his/her own right, in his/her
role as a member of his/her family, and in his/her role as a member of
the community s/he lives in;
2. Respect the relationship of
the child or young person to his/her parents, his/her siblings, other
members of his/her family and other significant persons, taking account
of his/her natural ties and interdependent rights and responsibilities;
3. Facilitate the optimal
growth and development of each individual child or young person to
achieve his or her potential in all aspects of functioning;
4. Help each child or young
person for whom he or she bears responsibility by preventing problems
where possible, by offering protection where necessary, and by providing
care and rehabilitation to counteract or resolve the problems faced;
5. Use information
appropriately, respecting the privacy of children and young people,
maintaining confidentiality where necessary, respecting the right of
children and young people to be informed of matters concerning
themselves, and avoiding the misuse of personal information;
6. Oppose at all times any
form of discrimination, oppression or exploitation of children and young
people, and preserve their rights;
7. Maintain personal and
professional integrity, develop skills and knowledge in order to work
with competence, work co-operatively with colleagues, monitor the
quality of services, and contribute to the development of the service
and of policy and thinking in the field of childcare.
All other standards expected
of childcare workers stem from these seven clauses.
3. Putting a National Code of
Ethics Together
To prepare a Code of
Ethics, it is necessary to ask and answer a
number of questions. These flow logically from one to another, and
if they are not answered, there will be weaknesses in the resulting
Code. In this section, the questions are posed, but answers are not
given, as they are for people preparing Codes to decide, in the
context of the laws, culture, economy and professional thinking of
each country.
1. What is the Code of Ethics
for?
Why is a Code needed? It is
important to be clear about what people preparing Codes wants to achieve
from the start. There are many possible reasons, depending upon the
circumstances prevalent in the country and its services for children at
the time. In particular the contents of the Code and the way it is used
will be influenced by the stage of development of the childcare
profession.
It may be that there is a wish
to set higher professional standards, with the Code as teaching
material. There may, for example, be a current issue where there are
differing views as to the best professional practice, and guidance may
be needed. Employers might wish to establish agreed standards, which can
be used to assess whether their staff are performing at an acceptable
level; if so, there might be opposition from trades unions, who might
see a Code as putting their members at risk. Again, there may have been
abuse of children in care, so that the profession wishes to re-establish
its credibility and public image.
Whatever the aims, they need
to be discussed fully and made explicit first of all, if the Code is to
reflect the issues which it is meant to help resolve.
2. Who is the Code for?
Who are the groups of
childcare workers for whom the Code is intended? Which other groups of
staff might it apply to? Is it intended that the Code should cover
volunteer workers as well as paid staff? Which groups will definitely
not be covered by the Code, perhaps because they have their own
professional codes and regulatory systems?
Again, clear thinking is
needed about the target group or groups for the Code, since this will
affect the contents of the Code and may influence the language in which
the Code is written. The questions carry implications for the shape of
the childcare profession if it is seen as a profession.
Every country has its own
legislation, its own pattern of services and its own training systems
for staff. In many countries, but not all, there is a formal system for
the recognition and registration of childcare workers. In some
countries, there are different systems in the different provinces or
states which make up the nation. In some countries, childcare workers
are not recognised as an identifiable professional group.
In some developing countries,
all the country's energy has to be applied to the running of the
services and the preparation of Codes of Ethics is a low priority.
In the face of this variety,
it is important that people preparing Codes are clear about the shape of
the childcare profession in their country.
3. In what context must the
Code be developed?
Is there a legal framework
within which the Code must be set? Is it likely that the Code will be
used in relation to registration, with staff having to sign to indicate
the agreement to abide by the Code? Is the Code likely to be used by
employers for disciplinary action against staff?
In some countries it is felt
to be necessary for the Code of Ethics for childcare workers to fit in
with legislation and Government policy. In others, the independent
standing of the profession is felt to be important, so that it is
capable of taking a critical stance in relation to the Government. Each
country needs to consider its own circumstances in this respect.
Are there other professions
working in parallel or overlapping fields such as teaching, psychology
or nursing, which may already have Codes? If so, do the Codes need to be
similar, or consistent? Will it help to use identical wording, or do the
distinctions between the professions need to be emphasised?
Again, the situation will be
different in each country, and answers have to be found which suit the
needs and existing systems in each country.
4. Who needs to be involved
in the development of the Code?
The process of developing a
Code of Ethics needs to involve as wide a range of people as possible,
for two reasons.
First, the Code will be
soundly based if the views and thinking of a large number of people have
been taken into account, and it will reflect the real issues to be found
in childcare if they include people who work directly with children.
Secondly, the involvement of
childcare workers in the process helps to alert them to the importance
of the Code and to the issues it contains. The process itself therefore
helps to develop professional awareness of standards of practice, and
can act as a form of training.
What mechanisms are there for
consulting people widely and for creating a debate about the subject?
What role can people preparing Codes of FICE play? How are childcare
workers themselves best involved? How are children and young people in
care best consulted, to ensure that their view of the practice which is
most helpful to them is included? Who are the key figures who will
influence the Code's acceptance in practice?
These questions need to be
carefully considered if the Code is to be accepted, as it is easy to
stir up opposition to new ideas if influential people are ignored,
whether they are senior figures in the profession, trade union leaders
or people who control the professional media.
5. What process is needed to
prepare the Code?
Thought needs to be given from
the start about the best way of managing the preparation of the Code.
What stages are needed for
drafting the Code? At what stage should there be the circulation of a
Discussion Draft for debate throughout the service? How will the final
text be agreed and authorised? Who will pay for the work to be
undertaken in drafting, circulation and printing?
6. What should the format of
the Code be?
It is possible to have very
short Codes, with only a few clauses, but these risk being too general.
On the other hand, if Codes are too long, they are unlikely to be read
and used.
In Section 1 above there is
discussion about the problem of jargon, and the language used needs to
be considered carefully. Are there special definitions for words, which
need to be agreed from the start? Are there terms which may be
ambiguous, or to which different groups may give different meanings?
It is also necessary to decide
on the grammatical format for the Code, since this will carry different
messages, depending on normal usage in the language being used. For
example, it is possible to write descriptively, "A childcare worker
does this", or exhortatively, "A childcare worker should do
this", or by using instructions, "A childcare worker must do
this". The first makes a statement and assumes that people will
agree, the second encourages people to act as described, while third
tells people what they must do. Whatever format is selected, it should
be followed consistently throughout the Code.
Again, it is helpful to sort
out such matters at an early stage to avoid confusion and
misunderstanding. For example, there may be different implications
between having a Code of Ethics and a Code of Practice, or different
perceptions of the terms by childcare workers, even if they are meant to
be the same thing.
7. Agreeing the Code
If the Code is to be
effective, planning needs to be undertaken at an early stage concerning
the way that the Code will be finalised, adopted and implemented.
Before the text is finally
agreed, it is important to check the text to see whether it is
- internally consistent, as
late changes may reflect different thinking from the ideas
underlying earlier drafts
- consistent with the United
Nations Convention on the Rights of the Child
- consistent with national
laws and regulations (except where non-compliance is justifiable in
the best interests of children), and
- consistent with good
professional practice and FICE policies.
It is important to note that
where there are inconsistencies between the Code of Ethics and some
other document, (a law, for example), it may be that the Code of Ethics
represents best practice and that it is the other document that should
be changed in order to achieve professional change. People will always
find ways of improving the text where they are wanting to provide the
best services possible for the children and young people in their care,
and it is lack of comment rather than criticism and ongoing discussion
that should be a cause for concern.
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