In a letter sent to the MGEU’s approximately 500 child welfare social worker members yesterday, MGEU reps explained why the union will not appeal Justice Freedman’s ruling regarding the legality of the Phoenix Sinclair Inquiry. They also outlined how and why the union will remain unwavering in their fight to maintain the essential tenets of confidentiality in our child welfare system as the Inquiry process proceeds.

Below is a copy of the letter.

THE MGEU HAS DECIDED NOT TO APPEAL Justice Freedman’s ruling regarding the legality of the Phoenix Sinclair Inquiry. While we remain convinced that Cabinet did not have a legal basis to call a public inquiry with a scope as wide as it did, the government has made it clear to us that even if we appealed and won, they will do everything in their power, including changing legislation, to pursue the Inquiry as is.

When our lawyers filed the challenge last month, we knew the media’s response would be fierce ― for in this instance, media outlets are not unbiased third parties. They have hired lawyers to go in front of the Commissioner on May 10, 2012 and argue their right to publish the names and faces of everyone involved with the inquiry, as well as all evidence and testimony.

Our lawyers will also be there on May 10, arguing that such a position cannot lead us to the truth Manitobans seek. A media spectacle will not help us better understand how this tragedy happened or help us more effectively prevent such tragedies in the future. As we’ve said from the beginning, “going public” is not the solution.

Those of you who’ve been called to testify in the Inquiry are well aware of how this position can be perceived ― that you have something to hide, or at least look like you do. But there is too much at stake to worry about perceptions. Opening up for public consumption every case file, every name, every confidence, every detail ― and yes, every mistake ― will not make our children safe. In fact, it’s probably the reverse.

In your jobs as child welfare social workers you regularly make complex judgment calls. You are expected to both protect children and support families while asking yourselves on any given day: would these parents who are barely adequate do better if supports were in place? Or are they failing to the point where the children must be removed? You must assess everything from neglect, emotional deprivation, and psychological as well as physical abuse. And without a doubt, because you are human, sometimes mistakes are made.

So how to keep these mistakes to a minimum? How can the “system” improve to prevent another child from suffering the horrific fate of five-year-old Phoenix Sinclair? Well, in the fields of medicine and aviation, it’s long been recognized that simply increasing accountability measures does little in preventing human error on the job. If anything, it can make things worse. Social worker Evelyn Wotherspoon, in her Op-Ed for the Calgary Herald, “Fearful Social Workers Can Not Save our Children,” explained it best: “Instead of fewer mistakes, the result is demoralized, secretive employees who flee from challenging situations, avoid decisions and withdraw from responsibilities… Instead of quick, decisive action from competent professionals, you get nervous employees who blindly follow procedures…People shy away from very high risk cases because the prospect of being blamed in the event of a tragedy (fairly or unfairly) can destroy careers. Everyone feels vulnerable because most of us recognize that hindsight has a way of bringing things into sharp focus that were not nearly so clear cut beforehand.”

In other words, those who work in child welfare, as in the medical and aviation fields, must feel free to reflect on why they took this or that particular course of action without fear of public humiliation. It’s the only way such professions have found to dramatically reduce the likelihood of making the same mistakes in the future.

Confidentiality is a key tenet of our child welfare system. It allows for a foundation of trust between a worker and a client, who is most often revealing highly private and sensitive information. And when the system fails in its mission to protect a child, two Acts of legislation ― the Child and Family Services Act and the Fatalities Act ― are in place to help those systemically responsible understand how and why such a tragedy occurred. We now know that four investigations have been completed into how and why the system failed to protect Phoenix, three of them conducted by independent investigators, including the Children’s Advocate and the Ombudsman. All four investigations yielded similar findings and nearly 300 recommendations have been made. Phase 2 of the inquiry is intended to deal with if and how such recommendations have been implemented, while Phase 3 to assess what other improvements are required. But Phase 1 will largely be a public airing of what’s already been said.

As we move ahead in the coming weeks, we will argue vehemently on your behalf that such public duplication is counter-productive for all involved. And we’ll stand firm in our position that the public nature of the Inquiry will not prevent another tragedy.

We will pursue every legal avenue to protect the tenets of confidentiality ― for in the case of child welfare, the public’s right to know is superseded by our children’s right to the best possible protection.

Sincerely,

Janet Kehler, MGEU Staff Representative

Jan Henley, 4th Vice President

Lois Wales, MGEU President