Amendments |
May 2020
Updated Chapters | |
Chapter Name | Details |
Assessment | This chapter has been updated in line with the new digital referral system for reporting potential victims of Modern Slavery. |
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities | An update has been made in Section 1, Principles to draw attention to OFSTED’s advice that Local Authorities should exercise due diligence in ensuring schools for pupils with SEN are registered with the DFE. The same diligence should be exercised on behalf of pupils with SEN. |
Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery | This chapter has been updated to take account of the new NRM digital referral form to report Modern Slavery. |
Notification of Significant Events | This procedure has been updated to reflect revised guidance issued by Ofsted to Children’s Homes Providers in August 2019. The revised guidance sought to clarify what is meant by a ‘serious event’ in relation to a child living in a Children’s Home with the aim of reducing the overall number of notifications made to Ofsted, and in particular reducing the number of repeat notifications made as a result of submitting additional / updated information. |
Education of Looked After and Previously Looked After Children | This chapter has been updated to reflect Keeping Children Safe in Education 2019 which replaces the 2018 version. Section 8, Safeguarding the Looked After Child at School has been amended to include reference to Upskirting (which is now a criminal offence) and serious violence. In Section 1.3, Role of the Local Authority, Virtual School Head (VSH), and School - OFSTED’s advice that Local Authorities should exercise due diligence in ensuring schools for LAC pupils are registered with the DFE has been added. |
Allegations Against Foster Carers | This chapter has been reviewed and refreshed, and terminology has been updated where required. |
New Chapters and Features | |
Chapter Name | Details |
Plymouth Safeguarding Children Corporate Policy | This policy has been reviewed and updated and should be read in its entirety |
Capacity and Consent | In this chapter guidance is offered in relation to the various situations in which consent is likely to be sought, with reference to previous legal judgements. This is a potentially complex practice arena and if the practitioner is in any doubt about gaining consent they should always seek further advice from managers and legal advice must be sought as necessary. |
Next Update: November 2020 |
Archive
November 2019
Updated Chapters | |
Chapter Name | Details |
Plymouth Caseload Policy | This chapter has been reviewed and updated throughout. It should be read in its entirety. |
Care and Supervision Proceedings and the Public Law Outline | This chapter has been updated to reference and reflect the Family Court Justice Interim Guidance on Special Guardianship, (Courts and Tribunal Judiciary, May 2019). |
Death or Serious Injury to a Child (Looked After and Child In Need) | This chapter has been updated throughout to reflect Working Together to Safeguard Children (2018) and the process for reporting a serious incident to the Panel via the Child Safeguarding Notification System. |
Private Fostering | This chapter has been amended to confirm that after the private fostering arrangement ends that any request for support from the young person should be made to the local authority in which they are resident or where the education and training is provided. |
Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery | A new Section 6, Suitable Placements has been added. Details of the National Transfer Scheme Protocol for Unaccompanied Asylum Seeking Children Version 2.0 March 2018 have also been added. |
Decision to Look After and Care Planning | This chapter has been amended to reflect section 3 of the Care Planning and Care Leavers (Amendment) Regulations 2014. The Care Plan must identify whether there is reason to believe the child has been trafficked or is an unaccompanied asylum seeker. |
Placements in Secure Accommodation on Welfare Grounds | In Section 8, Applying for a Secure Accommodation Order the Application Forms CS and C20 have been amended. |
Placements with Parents | This chapter has been updated to note that this procedure does not apply to children subject to Interim Care Orders where the placement is required by the court under Section 38(6) Children Act 1989 for the purposes of assessment. |
Social Worker Visits to Children in Care | A link has been added to the Leaving Care and Transition chapter in relation to Personal Adviser visits to 'Relevant' or 'Former Relevant' young people. |
Secure Accommodation (Criteria) Reviews | This chapter has been updated to clarify the requirement for a clear separation of reviews. Clarifying whether the criteria for keeping a child in secure accommodation are met must come before a LAC review so the decision can inform the LAC review and must be chaired by different individuals. |
Notification of Significant Events | This chapter has been reviewed and updated throughout. It should be read in its entirety. |
Education of Looked After and Previously Looked After Children | This chapter has been updated and revised throughout. It incorporates changes introduced by the Children and Social Work Act 2017 and updated Keeping Children Safe in Education (2018). A new section has been added with regard to Unaccompanied Migrant Children, and the role of the Virtual School Head in relation to Previously Looked After children is emphasised. |
Leaving Care and Transition | This chapter has been updated to add information with regard to a care leaver's status as a victim of trafficking or UASC when preparing an assessment of need. Section 7, Reviews of Pathway Plans has been amended in relation to Relevant/Former Relevant young people moving to 'unregulated' accommodation. Section 8, Personal Advisers has been amended in relation to frequency of visits by Personal Advisers. |
Assessment and Approval of Foster Carers | A link has been added to Information about the Independent Review Mechanism (IRM) and Section 8, After the Assessment, has been substantially updated. |
Supervision and Support of Foster Carers | This chapter replaces the previous chapter of the same name and should be read in its entirety. It contains detail in relation the the foster carer's role and responsibilities with respect to the Fostering National Minimum Standards - Notification of Significant Events and relevant aspects of Schedule 6 The Fostering Services (England) Regulation 2011. |
Review and Termination of Foster Carers | A link has been added to Information about the Independent Review Mechanism (IRM). |
Assessment and Approval of Prospective Adopters | References to the Adoption Register and to Adoption Match have been amended following the Adoption Register suspension and the adoption agency Adoption Match (at the end of March 2019). A link has been added to Information about the Independent Review Mechanism (IRM). |
Placement for Adoption | References to the Adoption Register and to Adoption Match have been amended following the Adoption Register suspension and the adoption agency Adoption Match (at the end of March 2019). |
Applications for Special Guardianship Orders | This chapter has been updated to reference and reflect the Family Court Justice Interim Guidance on Special Guardianship, (Courts and Tribunal Judiciary, May 2019). |
Court Reports in Adoption/Special Guardianship Guidance | This chapter has been updated to reference and reflect the Family Court Justice Interim Guidance on Special Guardianship, (Courts and Tribunal Judiciary, May 2019). |
List of Agency Decision Makers, Designated Managers and Nominated Officers | This chapter has been updated. |
New Chapters and Features | |
Chapter Name | Details |
Placing and Visiting Children with Special Educational Needs and Disabilities or Health Conditions in Long-Term Residential Settings | This new chapter reflects statutory guidance in relation to children who are placed by health authorities or local authorities for more than 3 months in residential establishments for educational purposes and children placed in care homes or independent hospitals (including hospices) by health authorities or local authorities (Sections 85 and 86 of the Children Act 1989). |
Persons Disqualified from Fostering | This new procedure applies to all new applications for approval as foster carers and to all foster carers who have already been approved as foster carers. A person is disqualified from acting as a foster carer for the agency (unless a relative of the child or already acting as a foster carer) if s/he or any adult member of the household has been cautioned for or convicted of a specified offence committed at the age of 18 or over. |
May 2019
Updated Chapters | |
Chapter Name | Details |
Family and Friends Care Policy | A link to Looking After Someone Else’s Child (GOV.UK), government advice on the support and financial help you can get if someone else's child is living with you full time, has been added. |
Assessment | This chapter has been updated to reflect ‘Working Together to Safeguard Children’. |
Care and Supervision Proceedings and the Public Law Outline | This chapter has been updated to reflect HHJ Greensmith’s comments regarding the judgment M and N (Children: Local authority gathering, preserving and disclosing evidence), which made clear the need for good practice in relation to note-taking and record-keeping, and disclosure of relevant evidence to all parties. |
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities | This chapter has been updated in line with the Children and Social Work Act and revised statutory guidance ‘The Designated Teacher for Looked After and Previously Looked After Children’. |
Ceasing to Look After a Child | This chapter has been updated to reflect changes introduced by the Children and Social Work Act 2017 in relation to the education of Looked After and Previously Looked After Children. It has also been updated to reflect the Local Government and Social Care Ombudsman report 'Firm Foundations' - good practice points to follow when working with special guardians. |
Permanence Planning Guidance | This chapter has been updated to reflect changes introduced by the Children and Social Work Act 2017 in relation to the education of Looked After and Previously Looked After Children. It has also been updated to reflect the Local Government and Social Care Ombudsman report 'Firm Foundations' - good practice points to follow when working with special guardians. |
Remands to Local Authority Accommodation or to Youth Detention Accommodation | This chapter has been updated in relation to placing young people in custody with a new Section 2.3, How to Request a Transfer or Placement Review. |
Placements in Secure Accommodation on Welfare Grounds | This chapter has been updated to fully reflect the updated guidance 'Secure children’s homes: how to place a child aged under 13 (July 2018)'. |
Looked After Children and Young People in Contact with Youth Justice Services | This chapter has been updated in relation to placing young people in custody with a new Section 7.7, How to Request a Transfer or Placement Review. |
Education of Looked After and Previously Looked After Children | This chapter has been refreshed and updated to reflect changes introduced by the Children and Social Work Act 2017 and the updated Keeping Children Safe in Education 2018 guidance. |
Responsibilities of the Local Authority to Former Looked After Children and Young People in Custody | This chapter has been updated in relation to placing young people in custody with a new Section 3.8, How to Request a Transfer or Placement Review. |
Adoption Support | This chapter has been updated to reflect changes introduced by the Children and Social Work Act 2017 in relation to the education of Looked After and Previously Looked After Children. It has also been updated to reflect the Local Government and Social Care Ombudsman report 'Firm Foundations' - good practice points to follow when working with special guardians. |
Adoption Reviews | This chapter has been updated to reflect changes introduced by the Children and Social Work Act 2017 in relation to the education of Looked After and Previously Looked After Children. It has also been updated to reflect the Local Government and Social Care Ombudsman report 'Firm Foundations' - good practice points to follow when working with special guardians. |
Applications for Special Guardianship Orders | This chapter has been updated to reflect changes introduced by the Children and Social Work Act 2017 in relation to the education of Looked After and Previously Looked After Children. It has also been updated to reflect the Local Government and Social Care Ombudsman report 'Firm Foundations' - good practice points to follow when working with special guardians. |
Life Story Books Guidance | This chapter has been fully reviewed throughout. |
Later Life Letters | This chapter has been fully reviewed throughout. |
New Chapters and Features | |
Chapter Name | Details |
Prevention of Homelessness and Provision of Accommodation for 16 and 17 year olds who may be Homeless and/or require Accommodation; and Duty to Refer | This chapter links to statutory guidance:
|
November 2018
Updated Chapters | |
Chapter Name | Details |
Children’s Services Policies, Values and Principles | The Children’s Services Polices, Values and Principles chapter has been updated to include a new section on Corporate Parenting in response to the DfE Applying Corporate Parenting Principles to Looked-after Children and Care Leavers - Statutory Guidance (February 2018). It includes the seven corporate parenting principles set out in the guidance. |
Confidentiality Policy | This chapter has been updated to reflect the EU General Data Protection Regulations (GDPR) and Data Protection Act 2018. |
Family and Friends Care Policy | This chapter has been substantially rewritten and should be read in its entirety |
Assessment | This chapter has been updated to include reference to good practice in relation to parents with learning disabilities. |
Care and Supervision Proceedings and the Public Law Outline | The link to the Social Work Evidence Template (SWET) has been changed to the Research in Practice website which provides additional supporting information and guidance on SWET. |
Death or Serious Injury to a Child (Looked After and Child In Need) | This chapter has been updated to take account that from 29th June 2018 local authorities in England must notify the national Child Safeguarding Practice Review Panel within 5 working days of becoming aware of a serious incident. |
Case Records and Retention | The Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018 which came into force on 5 March 2018, make provision for the disclosure of certain information by an adoption agency to another adoption agency. This chapter has been updated in line with the regulations. |
Access to Records / Subject Access Requests | This chapter has been substantially updated and renewed to reflect the EU General Data Protection Regulations (GDPR) and Data Protection Act 2018. |
Electronic Recording of Meetings and Conversations | This chapter has been updated to reflect the EU General Data Protection Regulations (GDPR) and Data Protection Act 2018. |
Child in Need Plans and Reviews | This chapter has been updated by adding a new Section 4, 'Moving to Another Authority'. Information and communication is important between the respective local authorities to ensure appropriate services continue for the child and family and, where relevant, any risk of harm is recognised and identified with the receiving local authority. It should be noted that the responsibility for safeguarding and promoting the welfare of the child lies with the local authority where the child is to be found. |
Provision of Accommodation to Homeless 16 and 17 year olds (Responding to Youth Homeless) | The guidance: Provision of accommodation for 16 and 17 year olds who may be homeless and/or require accommodation has been updated to reflect changes in homelessness and children's legislation has been added. |
Relinquished Children | This chapter has been updated to include additional information on parental capacity to consent, in line with High Court case-law. Case Law - Re S (Child as parent: Adoption: consent) [2017] EWHC (Fam). |
Deprivations of Liberty | This is a live resource and will be kept up-to-date by tri.x as and when required in response to changes in legislation and case law. |
Decision to Look After and Care Planning | This chapter has been updated in line with the recent case law. Herefordshire Council v AB [2018] EWFC 10 rtf and Re S (Child as parent: Adoption: Consent) [2017] EWHC 2729 (Fam) |
Placements with Parents | This chapter has been updated to reflect that the DBS has no eligibility for a standard or enhanced check for birth parents or other adults living in the household. However, the Local Authority has a requirement under the Care Planning, Placement and Case Review (England Regulations) 2010 to obtain information about unspent convictions and cautions before placing a child back with parents. |
Looked After Reviews | This chapter has been updated in line with the recent case law. Herefordshire Council v AB [2018] EWFC 10 rtf and Re S (Child as parent: Adoption: Consent) [2017] EWHC 2729 (Fam) |
Health Care Assessments and Plans | This chapter has been updated to add a new section ‘Consent to Health Care Assessments’. |
Leaving Care and Transition | The Leaving Care and Transition chapter has been updated and revised throughout to reflect the provisions of the C&SW Act 2017 and 3 new statutory guidance documents which require local authorities to offer Personal Adviser support to all care leavers up to the age of 25. Also, to publish their Local Offer for care leavers; and to have regard to seven 'corporate parenting principles'. It has also been updated to add clarification in relation to the definition of Qualifying Young People. AND To reflect the EU General Data Protection Regulations (GDPR) and Data Protection Act 2018. |
Adoption Panel | This chapter has been updated to reflect the EU General Data Protection Regulations (GDPR) and Data Protection Act 2018. |
Inter Country Adoption | The Inter Country Adoption chapter has been amended in Section 8, Home Study to update the examples given of public funds and government benefits. |
Adoption Case Records | The Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018 which came into force on 5 March 2018, make provision for the disclosure of certain information by an adoption agency to another adoption agency. This chapter has been updated in line with the regulations. |
List of Agency Decision Makers, Designated Managers and Nominated Officers | This list has been updated. |
May 2018
Updated Chapters | |
Chapter Name | Details |
Initial Contacts and Referrals | This chapter has been revised to set out in more detail the timetable and partnership requirements associated with effectively managing contacts and referrals. |
Care and Supervision Proceedings and the Public Law Outline | Section 4.2, Case Analysis has been updated to reflect the ‘permanence provisions’ of the Care Plan added by s.8 Children and Social Work Act 2017 (amending section 31(3B) Children Act 1989) which a court is required to consider when deciding whether to make a Care Order. |
Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery | This chapter has been amended throughout and should be re-read in its entirety. |
Private Fostering | There have been a number of minor amendments throughout and the chapter should be read in its entirety. |
Decision to Look After and Care Planning | Section 2.1, The Care Plan – Contents has been amended to reflect the additional ‘permanence provisions’ of the Care Plan (s.8 Children and Social Work Act 2017 amends section 31(3B) Children Act 1989) which a court is required to consider when deciding whether to make a Care Order. |
Permanence Planning Guidance | Section 5, Assessing and Planning for Permanence has been updated to reflect the additional ‘permanence provisions’ of the Care Plan (under s.8 Children and Social Work Act 2017 amends section 31(3B) Children Act 1989) which a court is required to consider when deciding whether to make a Care Order. |
Social Worker Visits to Children in Care | Section 2, Exceptions has been revised to set out more clearly the circumstances where visiting requirements differ from those set out in Section 1, Normal Frequency. |
Looked After Reviews | This chapter has been amended to fully reflect the Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review with respect to the circumstances as to when a Looked After Review should be brought forward. The list is not exhaustive. |
Fostering Panel | This chapter has been amended throughout and should be re-read in its entirety. |
Recruitment, Assessment and Approval of Foster Carers | This chapter has been amended throughout and should be re-read in its entirety. |
Fostering for Adoption, Dual Process Planning and Temporary Approval as Foster Carers of Approved Prospective Adopters | Section 4.1, Duty to Consider Fostering for Adoption Placement has been updated to reflect the additional consideration (added by s.9 Children and Social Work Act 2017 into the list of considerations whenever a court or adoption agency is coming to a decision relating to the adoption of a child), of the relationship which the child has with relatives, with any person who is a prospective adopter with whom the child is placed and with any other person in relation to whom the court or agency considers the relationship to be relevant. |
Placement for Adoption | This chapter has been amended to emphasise ‘procedural fairness’ as a key aspect of the adoption planning process in respect of ensuring parents are provided with information throughout, including the dates of placement/proposed changes of a child’s Status, etc. This follows the outcome of a judicial review ([2017] EWHC 1041 (Admin)). (See new Section 4.2, Procedural Fairness). |
List of Agency Decision Makers, Designated Managers and Nominated Officers | This list has been updated. |
New Chapters and Features | |
Chapter Name | Details |
Plymouth Caseload Policy | This new policy sets out Plymouth City Borough Council’s transparent process for monitoring and managing the caseloads held by individual social workers and practitioners. |
Fostering Agency Transfers | This new chapter replaces the previous chapter of same name. It should be read in its entirety. |
Deprivations of Liberty | This new procedure should be used by practitioners working with children and young people under the age of 18, where a deprivation of liberty may be occurring. It applies to all social care practitioners carrying out any social care function with children who are receiving care or treatment in any setting. |
November 2017
Updated Chapters | |
Chapter Name | Details |
Family and Friends Care Policy | This chapter has been reviewed and substantially updated. It should be read in its entirety. However, there are sections in the chapter that are currently being developed and it is planned these will be finalised at the next update. In the meantime if you are uncertain as to what you need to do please check with your manager. |
Death or Serious Injury to a Child (Looked After and Child In Need) | This chapter has been updated in line with the requirement to notify Ofsted of any serious childcare incident using the Ofsted Online Notification of serious childcare incident for local authorities form. |
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities | This chapter has been updated to reflect the outcome of a court judgement on Ordinary Residence that was included in DoH, Care and support statutory guidance (December 2016). (See Section 13, Funding Issues - Ordinary Residence). A link was added into Related Guidance to guidance on SEND: 19- to 25-year-olds’ entitlement to EHC plans (DfE 2017). |
Families with No Recourse to Public Funds | This chapter was updated when a link to Securing British Citizenship for Looked After Children was added. The NRPF have highlighted important information from the Project for the Registration of Children as British Citizens, with regard to the responsibilities that local authorities have to ensure that children in their care have effective access to specialist legal advice so their citizenship or any entitlement to citizenship is secured. |
Young Carers | This new chapter replaces the previous chapter of same name. It should be read in its entirety. |
Placements in Secure Accommodation on Welfare Grounds | This chapter has been updated in respect of Secure Accommodation - Placements in Scotland: Schedule 1, Children and Social Work Act 2017, that now enables local authorities to make placements in Secure Accommodation under Sect 25 (Children Act 1989). |
Advocacy and Independent Visitors | This chapter was updated to add a link to the Children’s Society ‘Advocacy services for children and young people – a guide for commissioners’. This guide outlines the legislative requirements of local authorities in the provision of advocacy support to children in need and looked after children. |
Change of Name of a Looked After Child | This chapter replaced the previous chapter of the same name and should be read in its entirety. |
Placement for Adoption | This chapter was updated when a link to Contact After Adoption was added. This offers practical resources which bring together knowledge from research and practice to support professionals to be reflective and explore their own assumptions, attitudes and values when developing contact plans. |
Application for Special Guardianship Orders | This chapter replaced the previous chapter of the same name and should be read in its entirety. |
New Chapters and Features | |
Chapter Name | Details |
Case Records and Retention | This new chapter replaces the previous chapter of same name. It should be read in its entirety. |
Children's Services - Retention of Records Table | This new chapter sets out in table form the requirements for the retention of records. The Independent Inquiry into Child Sexual Abuse requires all institutions to retain their records relating to the care of children for the duration of the Inquiry under Section 21 of the Inquiries Act 2005. There is therefore an obligation to preserve all records for the Inquiry for as long as is necessary. |
Private Fostering | This new chapter replaces the previous chapter of same name. It should be read in its entirety. |
Decision to Look After and Care Planning | This chapter has been renamed, reviewed and substantially updated. It should be read in its entirety. |
Inter Country Adoption | This new chapter replaces the previous chapter of same name. It should be read in its entirety. |
Deleted Chapters | |
|
May 2017
Updated Chapters | |
Chapter Name | Details |
Short Breaks Procedure | A link to Friendship for All (The Children's Society) has been added. |
Looked After Reviews | This chapter has been amended to note The Law Society guidance ‘Attendance of solicitors at local authority Children Act Meetings’ and their Code of Conduct where the child or family who attend reviews are supported by a legal representative (see Section 8, Independent Reviewing Officer's Responsibilities). |
Appointment and Role of Independent Reviewing Officers | This chapter has been updated in relation to the role of the Independent Reviewing Officer in line with the Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review (2015). In particular, the IRO being sensitive to the close and active involvement of parents of a child looked after in a series of Short Breaks and problem-solving where there might be difficulties or issues. |
Application for Special Guardianship Orders | Links to the Adoption Support Fund and DFE Special Guardianship Guidance (2016) have been added and guidance in the following sections, Section 1, Introduction (clarifying parental responsibility) and Section 2, Who May Apply? (who may and may not apply to be a Special Guardian) has been amended. |
Placements in Secure Accommodation on Welfare Grounds | This chapter has been extensively amended and now includes new/enhanced sections on 'Applications for Secure Accommodation'; 'Children to Whom Section 25 Applies', (including the issues of children aged 16 years and Section 20 Accommodation); 'Placements for Children aged under 13 years' and 'Support, Monitoring and Ending of Placements' etc. The chapter has also been re-titled to reflect its (original) content and purpose (that of applications for children on 'welfare grounds'), thereby distinguishing it from the 'Remands to Local Authority Accommodation, etc' (LASPO Act 2012). |
New Chapters and Features | |
Chapter Name | Details |
Relinquished Children | All local authorities have a statutory duty to respond to a request from a parent or guardian for their child to be placed for adoption, and a separate process to progress this, at least in the initial stages, outside of the Care Proceedings process is established in Part 3 of the Adoption and Children Act 2002. Working with a request for a child to be relinquished will be challenging for many practitioners on the basis that most children’s best interest is served by being with their parent and it will be important to ascertain the reasons why the mother sees the best interest for her child in this way and to offer challenges to this through a counselling process. |
November 2016
Updated Chapters | |
Chapter Name | Details |
Assessment | This chapter has been updated to reflect the outcome of a judgment following an application to remove a child at birth. The judge highlighted ‘good practice steps’ to undertaking assessments and issuing care proceedings in respect of the removal of a child at birth, including the assessment process. (See Section 11.1, Pre-birth 'Good Practice Steps'). |
Care and Supervision Proceedings and the Public Law Outline | This chapter has been updated to reflect the outcome of a judgment following an application to remove a child at birth. The judge highlighted what were thought to be ‘good practice steps’ to issuing care proceedings in respect of the removal of a child at birth. (See Section 3.1, Pre-birth Planning and Proceedings). |
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities | Links have been added to The National Framework for Children and Young People’s Continuing Care and to 0-25 SEND code of practice: a guide for health professionals. Advice for clinical commissioning groups, health professionals and local authorities. |
Decision to Look After and Care Planning | A link to ADCS/Cafcass Practice Guidance for the use of Section 20 has been added. |
Education of Looked After Children | A link to Mental Health Behaviour in Schools Guidance (DfE) has been added. |
Fostering for Adoption, Dual Process Planning and Temporary Approval as Foster Carers of Approved Prospective Adopters | A paragraph setting out the steps which must be taken where there is a change to the circumstances of prospective carers, including relatives has been added to Section 4.2, Considering Adoption for a Child. |
Adoption Support | A link to Adoption Support Fund (DfE/Mott MacDonald) has been added. |
Application for Special Guardianship Orders | Section 5, Planning Meeting has been expanded to make clear what will be required within an assessment pursuant to a Special Guardianship Order. |
Court Reports in Adoption/Special Guardianship Guidance | Section 3, Special Guardianship – Matters to be Dealt with in Report to Court, has been revised and updated to reflect the enhanced assessment and reporting requirements (for all applications made from 29 February 2016 as set out in the Special Guardianship (Amendment) Regulations 2016). |
New Chapters and Features | |
Chapter Name | Details |
Electronic Recording of Meetings and Conversations | This chapter deals with recording of meetings/conversations by individual service-users, in their capacity as private individuals. Note that the employees of the local authority, acting in their professional capacity, are subject to different legislative requirements, e.g. under the Data Protection Act 1998. This is a developing area, and legal advice must be sought as necessary. |
Remands to Local Authority Accommodation or to Youth Detention Accommodation | This chapter replaces the previous chapter of the same name as it has been substantially rewritten to reflect changes to the Police and Criminal Evidence Act 1984 (PACE) which defines “arrested juvenile” for the purpose of Part 4 of that Act (detention). The effect of the change is that 17 year olds are included in the definition of “arrested juvenile". The amendments made by Section 42 of the Act came into force on 26th October 2015. |
Looked After Children and Young People in Contact with Youth Justice Services | This chapter replaces the previous chapter of the same name as it has been substantially rewritten to reflect changes to the Police and Criminal Evidence Act 1984 (PACE) which defines “arrested juvenile” for the purpose of Part 4 of that Act (detention). The effect of the change is that 17 year olds are included in the definition of “arrested juvenile”. The amendments made by Section 42 of the Act came into force on 26th October 2015. |
Responsibilities of the Local Authority to Former Looked After Children and Young People in Custody | This chapter replaces the previous chapter of the same name as it has been substantially rewritten to reflect changes to the Police and Criminal Evidence Act 1984 (PACE) which defines “arrested juvenile” for the purpose of Part 4 of that Act (detention). The effect of the change is that 17 year olds are included in the definition of “arrested juvenile”. The amendments made by Section 42 of the Act came into force on 26th October 2015. |
May 2016
Updated Chapters | |
Chapter Name | Details |
Children’s Services Policies, Values and Principles | There are a number of minor changes in Section 3, Key Principles of which the most significant is: Foster to Adopt must be considered for all children where it is considered the appropriate route for permanency and to avoid delay in building attachments. |
Assessment | It has been clarified in Section 2, The Purpose of Assessment that assessments should include any factors that may indicate that the child is or has been trafficked or a victim of compulsory labour, servitude and slavery. A link to the Modern Slavery Act 2015 has been added to the relevant Guidance and Legislation. |
Legal Planning and Proof of Evidence Meetings | It has been clarified in Section 1, Purpose of Legal Planning Meetings that where children are already Section 20 Accommodated there should be no delay in issuing proceedings where this is required. |
Case Records for Children in Care | Section 1, The Case Record has been amended to clarify the importance of including health, education and a chronology in the case record. |
Access to Records | The chapter has been substantially rewritten and should be read in its entirety. |
Private Fostering | The chapter has been significantly amended. In particular Section 7, Transfer Between Teams has been removed. The chapter should be read in its entirety. |
Unaccompanied Asylum Seekers | A link to the Modern Slavery Act 2015 has been added. |
Decision to Look After and Care Planning | This chapter has been amended throughout and sets out clearly the requirements and issues relating to S20 Care Arrangements. The chapter should be read in its entirety. |
Permanence Planning Guidance | A slight amendment has been made to Section 3.7, Long Term Fostering and an item has been added at (f) Post care and/or post 18 the carers have not legal responsibility towards the young person. |
Matching and Placement | This chapter has been reviewed and updated. Section 3.2, Placement Process to Section 3.5, Completion of the Option Appraisal have been amended to clarify that the Options Appraisal is no longer required and these sections should be read in their entirety. |
Advocacy and Independent Visitors | A new Section 1.2, Duties of an Advocate has been added and a link to the Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review. The section on independent Visitors has also been updated. The chapter should be read in its entirety. |
Secure Accommodation (Criteria) Reviews | This chapter has been substantially amended and should be read in its entirety. |
Notification of Significant Events | This chapter has been amended to ensure that Regulation 40 of the Children's Homes( England) Regulations 2015 sets out the arrangements for notifications in relation to specified events |
Selecting a School for Children in Care | The chapter has been substantially amended and should be read in its entirety. |
Education of Looked After Children | A link to Keeping Children Safe in Education 2015 has been added. |
Early Years and Transition (Post - 16 years) Education | Section 2, Transition (Post-16yrs Education) has been amended to clarify that since 2015 – there has been a legal requirement for young people to remain in learning or training up to 18 years of age. |
Restrictive Physical Intervention | Section 2, Definition of Physical Intervention and Section 4, Criteria for Using Physical Interventions have been substantially amended and should be read in their entirety. |
Supervision and Support of Foster Carers | There have been a number of clarifying amendments relating to titles of organisations e.g. National Vocational Qualifications replaced by BTEC. In Section 10, Foster Carers Training it is clarified that All carers will complete the Training, Support and Development Standards in their first year of approval. |
Inter Country Adoption | The key amendment to this chapter is that instead of PACT progressing Inter Country Adoption Assessments this will now be done by an independently commissioned suitably qualified social worker. |
New Chapters and Features | |
Chapter Name | Details |
Young Carers | The Regulations that currently relate to young carers are contained within the Young Carers (Needs Assessments) Regulations 2015 and came into force on 1st April 2015. Under the Children and Families Act 2014 the definition of young carer is a person under 18 who provides or intends to provide care for another person. The concept of care includes practical or emotional support, and 'another person' means anyone within the same family, be they adult or child. This definition allows more children than under previous legislation to qualify as young carers and be entitled to a needs assessment. |
Ceasing to Look After a Child | This new chapter reflects the statutory guidance 'Ceasing to look after a child' in 'Care Planning, Placement and Case Review Regulations (2015)' as amended by the 'Care Planning and Fostering (Miscellaneous Amendments) Regulations 2015' together with Working Together to Safeguard Children. The Local Authority has a duty to ensure that when children have been Accommodated under Section 20 (Children Act 1989) and are discharged from, or leave care, that the discharge is in their best interests and that they will be safeguarded and their welfare will be promoted. Where a child has been Accommodated for 20 days or more, the decision should be made by a Nominated Officer, or Director of Children's Services if the child/young person is 16/17 yrs and has been Accommodated under Section 20, before discharge. |
October 2015
Updated Chapters | |
Chapter Name | Details |
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities | This chapter has been substantially revised in line with Care and Support Statutory Guidance Oct 2014 and The Young Carer's (Needs Assessment) Regulations March 2015. It should be read in its entirety. |
Families with No Recourse to Public Funds | Changes arising from the Care Act 2014 have been included. The change mainly clarifies that Families with no Recourse to Public Funds are not entitled to adult social care support. |
Permanence Planning Guidance | Changes arising from the March 2015 Statutory Guidance "Permanence, long-term foster placements and ceasing to look after a child" have been added. A new Section 3.7, Long Term Fostering has been added and the chapter should be read in its entirety. |
Placements in Foster Care | Changes arising from the March 2015 Statutory Guidance "Permanence, long-term foster placements and ceasing to look after a child" have been added. A new Section 9, Long Term Foster Placement has been added and this should be read in its entirety. |
Social Worker Visits to Children in Care | Changes arising from the March 2015 Statutory Guidance "Permanence, long-term foster placements and ceasing to look after a child" have been added. Section 1, Normal Frequency now sets out the criteria whereby visits can be 6 monthly for children and young people in long term placements. |
Looked After Reviews | Changes arising from the March 2015 Statutory Guidance "Permanence, long-term foster placements and ceasing to look after a child" have been added. The chapter should be reread in its entirety. |
Health Care Assessments and Plans | This chapter has been substantially amended to reflect the changes set out in Statutory guidance on promoting the Health and Well-being of Looked After Children 2015. It should be read in its entirety. |
Fostering for Adoption, Dual Process Planning and Temporary Approval as Foster Carers of Approved Prospective Adopters | The conditions for carers who are dually approved to move from being foster carers to being prospective adoptive parents are set out in Section 1, Introduction. |
Assessment and Approval of Prospective Adopters | Small changes have been made with regard to intercountry adoption (Section 1, Recruitment and Responding to Initial Enquiries) and references (Section 3.5, References). |
Adoption Panel | This chapter has been reviewed and slightly amended and it clarifies that: A Central List of the Adoption Panel Membership needs to be maintained containing a list of persons considered to be suitable to be members of an Adoption Panel. This List must be maintained by an appointed senior social worker with at least 5 years' relevant post-qualification experience and relevant management experience. |
Intermediary Services | Two amendments have been added. One noting in Section 6.1, No Obligation to Proceed if not Appropriate - that If, at any time, the intermediary agency ascertains that the subject of an application is under the age of 18, it must not proceed further with the application and two, in a new Section 7.7, Offence, an intermediary agency that discloses information in contravention of the regulations is guilty of an offence and liable to a fine. |
Application for Special Guardianship Orders | A significant number of changes have been made and the chapter should be read in its entirety. A new Section: Special Guardian Duty on the Death of the Child has been added. |
New Chapters and Features | |
Chapter Name | Details |
Confidentiality Policy | This new chapter replaces the previous confidentiality policy chapter. It incorporates the government 'Information sharing Advice for practitioners providing safeguarding services to children, young people, parents and carers March 2015.' |
Threshold Document - Continuum of Help and Support | This new chapter sets out the general criteria for setting Thresholds to services. |
Section 47 Enquiries | This new chapters sets out the process of initiating, conducting and recording section 47 procedures. |
Safeguarding Children and Young people against Radicalisation and Violent Extremism | From 1 July 2015 all schools and child care providers must have regard to the statutory guidance issued under section 29 of the Counter-Terrorism and Security Act 2015. Paragraphs 57-76 of the guidance are concerned specifically with schools and childcare providers [1], registered early years childcare providers and registered later years childcare providers are subject to a duty under section 26 of the Counter-Terrorism and Security Act 2015, in the exercise of their functions, to have "due regard to the need to prevent people from being drawn into terrorism". This duty is known as the Prevent duty. It applies to a wide range of public-facing bodies which are listed in schedule 6 of the Act as specified authorities in England and Wales, and Scotland. The specified authorities are those judged to have a role in protecting vulnerable children, young people and adults and/or the national security. |
May 2015
Updated Chapters | |
Chapter Name | Details |
Legal Planning and Proof of Evidence Meetings | Links to Statutory Guidance on Court Orders and Pre-Proceedings and Working with Foreign Authorities: Child Protection Cases have been added. |
Complaints and Representations | A link to the young Persons Guide to the Children and families Act 2014 has been added. |
Access to Records | A new section on Applications by Care Leavers has been added. This section clarifies the responsibilities of the local authority to respond promptly and helpfully to requests for records by Care Leavers and what must be done if records have been lost or destroyed. It should be read in its entirety. |
Unaccompanied Asylum Seekers | This chapter has been substantially updated in order to clarify:
It should be reread in its entirety. A link to The International Child Abduction and Contact unit has also been added. |
Decision to Look After and Care Planning | This chapter has been updated in line with Looked-after Children: Contact with Siblings - Update to Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review. Additional information has been added in to Section 1.4, Actions required after a Decision to Look After is made in relation to sibling placement. |
Permanence Planning Guidance | Child Arrangements Orders were introduced in April 2014 by the Children and Families Act 2014 (which amended section 8 Children Act 1989). They replace Contact Orders and Residence Orders. Section 6.4 relating to placement with siblings has also been substantially amended. The chapter should be reread in its entirety. |
Out of Area Placements | This chapter has been updated in line with Out of authority placement of looked-after children - Supplement to The Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review (2015), and should be re-read. |
Placements with Parents | This amendment refers in section 1.7 to case law Re DE (A Child) [2014], where the High Court stated that not less than fourteen days notice of a removal of the child should be given to the parents, save in an emergency. |
Contact with Parents and Siblings | This chapter has been amended to emphasise the importance of ascertaining the wishes of the child and the family before arranging contact. |
Leaving Care and Transition | New sections on Education, Training and Employment and a new section on Access to Records has been added with links to the chapter of the same name. |
Supervision and Support of Foster Carers | A link to the Fostering Network has been added. |
Assessment and Approval of Prospective Adopters | A new section: Sharing Information for the Purposes of Foster Carer Agreements has been added and amendments have been made to other sections throughout the chapter. These amendments stress the duty upon the LA to provide information to anyone enquiring about adoption; the importance of appropriate support for carers who are offering to foster to adopt and the need to have a link worker for such adopters. The chapter should be reread in its entirety. |
Adoption Support | A new section: Duty to Provide Information Concerning Adoption Support has been added. Under the Children and Families Act 2014, the local authority has a duty to provide information on adoption support services and the section sets out the kinds of information that the Act requires. |
Life Story Books | This amendment emphasises that all children who enter Care must have support to have a Life Story Book, understand their Life Story and have a Memory Box. |
List of Agency Decision Makers, Designated Managers and Nominated Officers | This list has been updated. |
New Chapters and Features | |
Chapter Name | Details |
Supervision Policy | Supervision is a key means of ensuring management accountability, including the planning, allocation, monitoring and evaluation of an individual's work in line with Departmental and Corporate Policies and the provision of good quality supervision contributes to improving outcomes for children and young people and their families. |
Care and Supervision Proceedings and the Public Law Outline | Under the Public Law Outline (2014) and the Children and Families Act 2014, there is a 26-week time limit for the completion of care and supervision proceedings. This places an increased emphasis on pre-proceedings work and the quality of Assessments. Where adoption is the permanence plan for the child and no Care Order has been made, combined care and Placement Order applications should be made, so that decisions can be made swiftly. Where there are on-going Care Proceedings, the Placement Order application should be submitted as soon as the Agency Decision Maker decision has been made. The court may make both orders, which would ensure that the child remains protected should the Placement Order be revoked (as the Care Order would automatically be reactivated). Placement Order applications are not subject to the 26 week time limit, but an early application will ensure best use of court time and help keep to a minimum the overall length of the process. The application must clearly state why the parents cannot parent the child, what other realistic permanence options have been considered and rejected, and why adoption is the only permanence option that meets the needs of the child. |
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities | This procedure sets out the specific provision under the Children and Families Act 2014 in relation to children and young people aged 0-25 with Special Educational Needs or disabilities by:
|
Remands to Local Authority Accommodation or to Youth Detention Accommodation | Whenever a court refuses bail to a child/young person (aged 10-17), the court is required to remand the child to local authority accommodation unless certain conditions are met, in which case the court may instead remand the child to Youth Detention Accommodation. Every such child (whether remanded to Youth Detention Accommodation or to local authority accommodation) will be treated as Looked After by their designated local authority. |
Looked After Children and Young People in Contact with Youth Justice Services | This chapter takes account of the youth remand framework under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and the Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review (Supplement) (2014). Local Authorities should have strategies that set out how they will support positive behaviour amongst Looked After children who may be at risk of offending and the measures that will protect them from 'unnecessary criminalisation', including a protocol with the police. Where a Looked After child is thought to be at risk of offending, both the Care Plan and the Placement Plan should include the support measures needed to prevent this. The Independent Reviewing Officer (IRO) should ensure that the Care Plan adequately addresses this. |
Fostering for Adoption, Dual Process Planning and Temporary Approval as Foster Carers of Approved Prospective Adopters | In July 2014, the Children and Families 2014 imposed a duty upon local authorities to consider placement with dually approved carers whenever it is considering adoption or where the decision has been made that the child ought to be placed for adoption, but where the agency does not yet have authority to place the child for adoption through either a placement order or parental consent. These placements are foster placements. The placement will only become an adoptive placement where the Agency Decision Maker (ADM) has decided that the child should be placed for adoption and either a Placement Order has been made, or parental consent to the child's adoption is given. It is possible that such a placement may not lead to adoption, for example because the child's plan changes where rehabilitation with the birth family is successful, because suitable family or friends come forward or because the court does not agree to make a Placement Order. This may mean that the child returns home or is moved to another permanence arrangement. But, for the vast majority of children in such placements, progression towards adoption will be the anticipated outcome. |
Intermediary Services | This chapter replaces the previous chapter on intermediary Services. Intermediary services are defined as:
On 30 December 2005, legislation came into force assisting persons adopted before that date to obtain information about their adoption and to facilitate contact between them and their birth relatives. With effect from 31 October 2014, further legislation extended this to persons having a Prescribed Relationship with an adopted person. This will include all relatives of adopted adults, from children and grandchildren to civil partners and adoptive relatives. Intermediary agencies may accept applications from a person with a Prescribed Relationship to an adopted person for assistance in contacting a relative of an adopted person and vice versa. This allows, for example, descendants to obtain information about family medical history in relation to inherited diseases. |
October 2014
Updated Chapters | |
Chapter Name | Details |
Assessment | This chapter has been substantially amended and should be read in its entirety. It now sets out the context within which Assessments should be carried out, the Purpose of Assessments and the Process by which they should be undertaken. The chapter emphasises the Purpose of Assessments is to:
|
Initial Contacts and Referrals | This chapter has been substantially amended and should be read in its entirety. It sets out the role of the social worker once the referral has been accepted, the timescales the social worker must adhere to and the possible outcomes of the referral and it clarifies that professionals from other parts of the local authority such as housing and those in health organisations have a duty to cooperate under section 27 of the Children Act 1989 by assisting the local authority in carrying out its children's social care functions. |
Court Proceedings | This chapter has been amended and emphasises the 26 week limit for completion of care and supervision proceedings. It also clarifies the requirements for information sharing where there are Parallel Criminal investigations. |
Child in Need Plans and Reviews | This chapter has been slightly amended to clarify possible outcomes of reviews. |
Secure Accommodation (Criteria) Reviews | The chapter has been amended in order to clarify that it is an independent Manager (and not the Child's IRO) who chairs Secure Accommodation Reviews. |
Education of Looked After Children | This chapter applies to all Looked After children. It should be read in conjunction with the following government guidance documents: Looked After Children with Special Educational Needs (SEN) this guidance explains the respective roles of the home Authority and the Authority where the child lives when these are different. |
Staying Put Policy | This chapter has been updated in line with the Children and Families Act 2014 and clarifies the duty of the LA to monitor the Staying Put Arrangements, to provide advice, assistance and support to the Former Relevant child and the former foster parent with a view to maintaining the Staying Put arrangement (this must include financial support), until the child reaches the age of 21. In addition the LA must determine whether it would be appropriate to provide advice, assistance and support to facilitate a Staying Put arrangement. Where they determine that it would be appropriate, and where the child and the local authority foster parent wish to make a Staying Put arrangement, then the local authority must provide such advice, assistance and support. |
Review and Termination of Foster Carers | This chapter has been slightly updated to clarify that Reviews of Foster Carers must be presented to Fostering Panel within 4 to 6 weeks of the review taking place. |
List of Agency Decision Makers, Designated Managers and Nominated Officers | This list has been updated. |
New Chapters and Features | |
Chapter Name | Details |
Considering All the Options | This new chapter is based on the premise that children and young people should be cared for by either their parents or extended family if at all possible and that the social work task is to support families to enable them to provide good care for their children. However, there will be times when families are not able to continue to care for their children even with the full support of agencies and the children will need to be provided with alternative care for either a short or longer period of time. A full assessment of the family situation must be completed as a prelude to considering all the options that may be available to the child and/or to the family, including using a Family Group Conference when a child/young person cannot remain at home. The key issue to consider is whether the assessment indicates that support to the family will lead to a better outcome for the child or children. |
Delegation of Authority to Foster Carers and Residential Workers | This chapter sets out the arrangements for delegation to carers of the authority to make decisions relating to Looked After children, under the Care Planning, Placement and Case Review and Fostering Services (Miscellaneous Amendments) Regulations 2013 (which amend the Care Planning, Placement and Case Review (England) Regulations 2010), and revised Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review. 'Carer', in this context, means the foster carer or registered manager of the children's home where the child resides. This will include Connected Persons given temporary approval as foster carers, but will not include Private Foster Carers. The chapter has a link to the signed pdf policy for Portsmouth. |
Notification of Significant Events | This new chapter sets out who must be notified of specified events in relation to Looked After children placed in foster care or residential care. It provides a quick and easy to use checklist of who needs to be contacted in particular circumstances and gives current telephone numbers of the various agencies involved. |
Selecting a School for Children in Care | This Policy has been developed by Plymouth Parenting group in order that the educational chances for Children in Care in Plymouth are promoted and enhanced by ensuring as many as possible are attending 'Good' or 'Outstanding' Schools and their progress is being monitored by the Virtual Head. It sets out a number of scenarios whereby the achievements of children in Care are supported. |
Financial Arrangements for Care Leavers | This chapter sets out in detail the young people who are eligible for financial support from Plymouth City Council and the various allowances and payments they are entitled to. |
End