Chapter 5 – Managing individual cases where there are concerns about a child’s safety and welfare |
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Contents
Working with children when there are concerns about their safety and welfare
Principles underpinning work to safeguard and promote the welfare of children
The processes for safeguarding and promoting the welfare of children
The welfare of unborn children
Response of local authority children’s social care to a referral
Next steps – child in need but no suspected actual or likely significant harm
Next steps – suspicion that a child is suffering, or is likely to suffer, significant harm
Section 47 enquiries and core assessment
The impact of section 47 enquiries on the family and child
The outcome of section 47 enquiries
Concerns are not substantiated
The initial child protection conference
Action following the initial child protection conference
Completion of the core assessment
The child protection review conference
Discontinuing the child protection plan
Children looked after by the local authority
Pre-birth child protection conferences and reviews
Recording that a child is the subject of a child protection plan
Managing and providing information about a child
Recording in individual case records
Request for a change of worker
Introduction |
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| 5.1 | This chapter provides guidance on what should happen if somebody has concerns about the safety and welfare of a child (including those living away from home) and in particular, concerns that a child may be suffering, or is likely to suffer, significant harm. It incorporates the guidance on information sharing and sets out the principles which underpin work to safeguard and promote the welfare of children. Fundamental to safeguarding and promoting the welfare of each child is having a child centred approach. This means seeing the child and keeping the child in focus throughout assessments, while working with the child and family, and when reviewing whether the child is safe and his or her needs are being met. Undertaking direct work with the child is key: seeing the child alone when appropriate, ascertaining the child’s wishes and feelings and understanding the meaning of their daily life experiences to them. Throughout this process, the safety of the child should be ensured. |
| 5.2 | This chapter is not intended as a detailed practice guide but it sets out clear expectations about the ways in which agencies and professionals should work together to safeguard and promote the welfare of children. In addition, the related practice guidance What to do if you’re worried a child is being abused is intended to be an accessible resource for practitioners and first line managers to use in their every day work. |
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| 5.3 | Achieving good outcomes for children requires all those with responsibility for assessment and the provision of services to work together according to an agreed plan of action. Effective collaboration requires organisations and people to be clear about: |
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| 5.4 | The following principles, which draw on findings from research, underpin work with children and their families to safeguard and promote the welfare of children (see also paragraph 2.18 in the guidance issued under section 11 of the Children Act 2004). These principles should be followed when implementing the guidance set out in this chapter. They will be relevant to varying degrees depending on the functions and level of involvement of the organisation and the individual practitioner concerned. |
| 5.5 | Work to safeguard and promote the welfare of children should be: |
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| 5.6 | Four key processes underpin work with children and families, each of which has to be carried out effectively in order to achieve improvements in the lives of children in need. They are assessment, planning, intervention and reviewing. |
| 5.7 | The flow charts at the end of this chapter illustrate the processes for safeguarding and promoting the welfare of children: |
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| 5.8 | Everybody who works or has contact with children, parents and other adults in contact with children should be able to recognise, and know how to act upon, evidence that a child’s health or development is or may be being impaired– especially when they are suffering, or likely to suffer, significant harm. Practitioners, foster carers, and managers should be mindful always of the safety and welfare of children – including unborn children, older children and children living away from home or looked after by the local authority – in their work: |
With children |
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| 5.9 | For example: early years staff, teachers, school nurses, health visitors, GPs, Accident and Emergency and all other hospital staff, and staff, in the youth justice system, including the secure estate, should be able to recognise situations where a child requires extra support to prevent impairment to his or her health or development or possible signs or symptoms of abuse or neglect in children. All professionals working with children, and especially those in health and social care, should be familiar with the core standards set out in the National Service Framework for Children, Young People and Maternity Services Core Standards and in particular, Standard 5, Safeguarding and Promoting the Welfare of Children and Young People. Those working with children living away from home should also be familiar with the relevant statutory Regulations and National Minimum Standards. Children living in custodial settings should be assessed as potential children in need under section 17 of the Children Act 1989 and all children subject to a court ordered secure remand (COSR) automatically acquire the status of a looked after child. |
With parents or caregivers who may need help in promoting and safeguarding their children’s welfare |
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| 5.10 | For example: adult mental health, substance misuse services and criminal justice agencies should always consider the implications for children of patients’ or users’ behaviours and the impact these may have on their parenting capacity. Day nurseries and children’s and family centres should keep the interests of children uppermost in their minds when working with parents, work in ways intended to bring about better outcomes for children and be alert to possible signs or symptoms of abuse or neglect. When dealing with cases of domestic violence, the police and other involved agencies should consider the impact that this behaviour has on children, in particular their emotional development, and the victim’s capacity to protect a child from harm and meet their identified needs. |
With family members, employees, or others who have contact with children |
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| 5.11 | For example: the police, probation and prison services, mental health services and housing authorities should be alert to the possibility that an individual may pose a risk of causing harm to a particular child, or to children in a local community. Employers of staff or volunteers who have substantial unsupervised access to children should guard against the potential for abuse or neglect, through rigorous selection processes, appropriate supervision and by taking steps to maintain a safe environment for children. For further details on this matter see Chapter 12. |
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| 5.12 | The Common Assessment Framework (CAF) offers a basis for early identification of children’s additional needs, sharing of this information between organisations and the co-ordination of service provision. Where it is considered a child may have additional needs, with the consent of the child, young person or parents/carers, practitioners may undertake a common assessment in accordance with the national practice guidance to assess these needs and to decide how best to support them. The findings from the common assessment may however give rise to concerns about a child’s safety and welfare. Practitioners should be particularly concerned regarding children whose parents or caregivers are experiencing difficulties in meeting their needs as a result of domestic violence, substance misuse, mental illness and/or learning disability (see paragraphs 9.13–9.66). All staff members who have or become aware of concerns about the safety or welfare of a child or children should know: |
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| 5.13 | Irrespective of whether a common assessment has been undertaken, where there are concerns that a child may be a possible child in need, and in particular where there are concerns about a child being harmed, relevant information about the child and family should be discussed with a manager, or a named or designated health professional or a designated member of staff depending on the organisational setting. Concerns can also be discussed, without necessarily identifying the child in question, with senior colleagues in another agency, (for example, children’s social care services) in order to develop an understanding of the child’s needs and circumstances. |
| 5.14 | Where a child is not considered to be a possible child in need under section 17 of the Children Act 1989 the practitioner should consider what other types of services, including possibly a common assessment, should be offered. If it is agreed that the child may be a child in need under the Children Act 1989 (see paragraph 1.25), then a referral to children’s social care should be discussed with the child and parents. If they consent, then the child should be referred to local authority children’s social care and the processes set out in this chapter followed. If the child is believed or suspected to be suffering significant harm a referral should always be made to children’s social care (see paragraph 5.17 below). If concerns arise about a child who is already known to local authority children’s social care the allocated social worker should be informed immediately of these concerns. |
| 5.15 | There should always be the opportunity to discuss concerns about a child’s safety and welfare with, and seek advice from, colleagues, managers, a designated or named professional, or other agencies but: |
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| 5.16 | The procedures and time scales set out in this chapter should also be followed when there are concerns about the welfare of an unborn child. |
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| 5.17 | Local authorities with children’s social services functions have particular responsibilities towards all children whose health or development may be impaired without the provision of services, or who are disabled (defined in the Children Act 1989 as ‘children in need’). Where a child is considered to be a possible child in need a referral to children’s social care should be made in accordance with the agreed LSCB procedures and formats. Where a common assessment has already been undertaken it should be used to support a referral to children’s social care: however undertaking a CAF is not a prerequisite for making a referral. |
| 5.18 | If somebody believes or suspects that a child may be suffering, or is likely to suffer, significant harm then s/he should always refer his or her concerns to the local authority children’s social care services. In addition to social care, the police and the NSPCC have powers to intervene in these circumstances. Sometimes concerns will arise within local authority children’s social care itself, as new information comes to light about a child and family with whom staff are already in contact. While professionals should seek, in general, to discuss any concerns with the child and family and, where possible, seek their agreement to making referrals to local authority children’s social care, this should only be done where such discussion and agreement-seeking will not place a child at increased risk of suffering significant harm. |
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| 5.19 | Whenever local authority children’s social care has a case referred to it which constitutes, or may constitute, a criminal offence against a child it should always discuss the case with the police at the earliest opportunity. |
| 5.20 | Whenever other agencies or the local authority in its other roles encounter concerns about a child’s welfare which constitute, or may constitute, a criminal offence against a child they must always consider sharing that information with local authority children’s social care or the police in order to protect the child or other children from suffering significant harm. If a decision is taken not to share information the reasons must be recorded. |
| 5.21 | Sharing of information in cases of concern about children’s welfare will enable professionals to consider jointly how to proceed in the best interests of the child and to safeguard children more generally (see paragraph 5.3). |
| 5.22 | In dealing with alleged offences involving a child victim the police should normally work in partnership with children’s social care and/or other agencies. In circumstances where it is suspected that the child may have been conceived as the result of an incestuous relationship or interfamilial abuse, consideration should be given to the use of DNA testing and the role of genetics and geneticists. Whilst the responsibility to instigate a criminal investigation rests with the police they should consider the views expressed by other agencies. There will be less serious cases where, after discussion, it is agreed that the best interests of the child are served by a children’s social care led intervention rather than a full police investigation. |
| 5.23 | In deciding whether there is a need to share information professionals should consider their legal obligations, including whether they have a duty of confidentiality to the child. Where there is such a duty, the professional may lawfully share information if the child consents or if there is a public interest of sufficient force. This must be judged by the professional on the facts of each case. Where there is a clear likelihood of a child suffering significant harm, or an adult suffering serious harm, the public interest test will almost certainly be satisfied. However, there will be other cases where practitioners will be justified in sharing some confidential information in order to make decisions on sharing further information or taking action – the information shared should be proportionate. |
| 5.24 | The child’s best interests must be the overriding consideration in making any such decision, including in the cases of underage sexual activity on which detailed guidance is given below. The cross-government guidance, Information Sharing: Guidance for practitioners and managers (2008) provides advice on these issues. Any decision on whether or not to share information must be properly documented. Decisions in this area should be made by, or with the advice of, people with suitable competence in child protection work such as named or designated professionals or senior managers. |
Allegations of harm arising from underage sexual activity |
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| 5.25 | Cases of underage sexual activity which present cause for concern are likely to raise difficult issues and should be handled particularly sensitively (Further guidance is provided by the Department of Health best practice guidance for doctors and other health professionals on the provision of advice and treatment to young people under 16 on contraception, reproductive and sexual health.). This includes situations where girls aged under 16 years present at a termination of pregnancy clinic. |
| 5.26 | A child under 13 years is not legally capable of consenting to sexual activity. Any offence under the Sexual Offences Act 2003 involving a child aged under 13 years is very serious and should be taken to indicate that the child is suffering, or is likely to suffer, significant harm. |
| 5.27 | Cases involving children aged under 13 years should always be discussed with a nominated child protection lead in the organisation. Under the Sexual Offences Act, penetrative sex with a child under 13 years old is classed as rape. Where the allegation concerns penetrative sex, or other intimate sexual activity occurs, there would always be reasonable cause to suspect that a child, whether girl or boy, is suffering, or is likely to suffer, significant harm. There should be a presumption that the case will be reported to children’s social care and that a strategy discussion will be held in accordance with the guidance set out in paragraph 5.56 below. This should involve children’s social care, police, health and other relevant agencies in discussing appropriate next steps with the professional. All cases involving under 13s should be fully documented including detailed reasons where a decision is taken not to share information. These decisions should be exceptional and only made with the documented approval of a senior manager. |
| 5.28 | Sexual activity with a child aged under 16 years is also an offence. Where it is consensual it may be less serious than if the child were aged under 13 years but may, nevertheless, have serious consequences for the welfare of the young person. Consideration should be given in every case of sexual activity involving a child aged 13–15 as to whether there should be a discussion with other agencies and whether a referral should be made to children’s social care. The professional should make this assessment using the considerations below. Within this age range the younger the child the stronger the presumption must be that sexual activity will be a matter of concern. Cases of concern should be discussed with the nominated child protection lead and subsequently with other agencies if required. Where confidentiality needs to be preserved a discussion can still take place as long as it does not identify the child (directly or indirectly). Where there is reasonable cause to suspect that significant harm to a child has occurred, or is likely to occur, there should be a presumption that the case is reported to children’s social care and a strategy discussion should be held to discuss appropriate next steps. Again, all cases should be carefully documented including where a decision is taken not to share information. |
| 5.29 | The considerations in the following checklist should be taken into account when assessing the extent to which a child (or other children) is suffering, or is likely to suffer, significant harm and therefore whether a strategy discussion should be held in order to share information: |
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| 5.30 | In cases of concern when sufficient information is known about the sexual partner/s, the agency concerned should check with other agencies, including the police, to establish whatever information is known about that person/s. In appropriate cases the police may share the required information without beginning a full investigation if the agency making the check requests this. |
| 5.31 | Sexual activity involving a 16 or 17 year old, even if it does not involve an offence, may still involve harm or the likelihood of harm being suffered. Professionals should still bear in mind the considerations and processes outlined in this guidance in assessing whether harm is being suffered, and should share information as appropriate. It is an offence for a person to have a sexual relationship with a 16 or 17 year old if they hold a position of trust or authority in relation to them. |
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| 5.32 | When a parent, professional, or another person contacts local authority children’s social care with concerns about a child’s welfare, it is the responsibility of local authority children’s social care to clarify with the referrer (including self-referrals from children and families): |
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| The referrer should have the opportunity to discuss their concerns with a qualified social worker. The process of clarifying the nature of the referral should always identify clearly whether there are concerns about maltreatment and the associated risk factors, the evidence for these concerns and whether it may be necessary to consider taking urgent action to ensure the child(ren) are safe from harm. Local authority children’s social care should specifically ask the referrer if they hold any information about difficulties being experienced in the family/household due to domestic violence, mental illness, substance misuse and/or learning disability in order to inform its decision making. | |
| 5.33 | Professionals who phone local authority children’s social care should confirm their referrals in writing within 48 hours. The CAF provides a structure for the written referral but prior completion of a CAF should not be a pre-requisite for a referral being accepted by the local authority. At the end of any discussion about a child, the referrer (whether a professional or a member of the public or family) and local authority children’s social care should be clear about the local authority’s proposed course of action in response to the referral, timescales and who will be taking this action, or if no further action will be taken. The decision should be recorded by local authority children’s social care in the child’s case file and by the referrer (if a professional in another service). Local authority children’s social care should acknowledge a written referral within one working day of receiving it. If the referrer has not received an acknowledgement within three working days they should contact local authority children’s social care again. |
| 5.34 | Local authority children’s social care should decide how they will respond to the referral and record next steps of action within one working day. This information should be consistent with the information set out in the Referral and Information Record (Department of Health, 2002). This decision should normally follow discussion with any referring professional/service, consideration of information held in any existing records and involve discussion with other professionals and services as necessary (ContactPoint provides an efficient way for people working with children to find out who else is working with the same child.)(including the police, where a criminal offence may have been committed against a child). An initial consideration of the case should address – on the basis of the available evidence – whether there are concerns about impairment to the child’s health and development or the child suffering harm which justifies an initial assessment to establish whether this child is a child in need. Local authority children’s social care should ensure that the social work practitioners who are responding to referrals are supported by experienced first line managers competent in making sound evidence based decisions about what to do next. Further action by children’s social care may also include referral to other agencies, the provision of information or advice – such as suggesting the completion of a common assessment by the referring agency or organisation – or no further action. |
| 5.35 | The parents’ permission, or the child’s where appropriate, should be sought before discussing a referral about them with other agencies unless permission-seeking may itself place the child at increased risk of suffering significant harm. When responding to referrals from a member of the public rather than another professional, local authority children’s social care should bear in mind that personal information about referrers, including identifying details, should only be disclosed to third parties (including subject families and other agencies) with the consent of the referrer. In all cases where the police are involved, the decision about when to inform the parents (about referrals from third parties) will have a bearing on the conduct of police investigations. |
| 5.36 | Where local authority children’s social care decides to take no further action at this stage, feedback should be provided to the referrer, who should be told of this decision and the reasons for making it. In the case of public referrals, this should be done in a manner consistent with respecting the confidentiality of the child. Sometimes it may be apparent at this stage that emergency action should be taken to safeguard and promote the welfare of a child (see paragraph 5.51). Such action should normally be preceded by an immediate strategy discussion between the police, local authority children’s social care and other agencies as appropriate. |
| 5.37 | New information may be received about a child or family where the child or family member is already known to local authority children’s social care. If the child’s case is open and there are concerns that the child is, or is likely to be, suffering significant harm then a decision should be made about whether a strategy discussion should be held in order to consider whether to initiate section 47 enquiries (see paragraph 5.56). It may, also, be appropriate to consider undertaking a core assessment or to update a previous one in order to understand the child’s current needs and circumstances and inform future decision making. |
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| 5.38 | The initial assessment is a brief assessment of each child referred to local authority children’s social care where it is necessary to determine whether: |
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| 5.39 | The initial assessment should be completed by local authority children’s social care, working with colleagues, within a maximum of 10 working days of the date of referral. An initial assessment is deemed to be completed once the assessment has been discussed with the child and family (or caregivers) and the team manager has viewed and authorised the assessment. The initial assessment period may be very brief if the criteria for initiating section 47 enquiries are met, i.e. it is suspected that the child is suffering, or is likely to suffer, significant harm. The initial assessment should be undertaken in accordance with statutory guidance, the Framework for the Assessment of Children in Need and their Families (Department of Health et al, 2000) (the ‘Assessment Framework’ – summarised in Appendix 2). Where a common assessment has been completed this information should be used to inform the initial assessment. Information should be gathered and analyse; |
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Figure 1. |
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| 5.40 | The initial assessment should address the following questions: |
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| 5.41 | The initial assessment should be led by a qualified and experienced social worker who is supervised by a highly experienced and qualified social work manager. It should be carefully planned, with clarity about who is doing what, as well as when and what information is to be shared with the parents. The planning process and decisions about the timing of the different assessment activities should be undertaken in collaboration with all those involved with the child and family. The process of initial assessment should involve: |
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| All relevant information (including information about the history and functioning of the family both currently and in the past, and adult problems such as domestic violence, substance misuse, mental illness and criminal behaviour/convictions) should be taken into account. This includes seeking information from relevant services if the child and family have spent time abroad. Professionals from agencies such as health, local authority children’s social care or the police should request this information from their equivalent agencies in the country(ies) in which the child has lived. Information about who to contact can be obtained via the Foreign and Commonwealth Office or the appropriate Embassy or Consulate based in London. (See the London Diplomatic List (The Stationery Office), ISBN 0 11 591772 1, the FCO website.) | |
| 5.42 | The child should be seen by the lead social worker, without his or her caregivers present when appropriate, within a timescale which is appropriate to the nature of concerns expressed at the time of the referral, according to the agreed plan. Seeing the child includes observing and communicating with the child in a manner appropriate to his or her age and understanding. Local authority children’s social care is required by the Children Act 1989 (as amended by section 53 of the Children Act 2004) to ascertain the child’s wishes and feelings and to give due consideration to the child’s wishes and feelings, having regard to their age and understanding, when making decisions about what (if any) services to provide. Interviews with the child should be undertaken in the preferred language of the child. For some disabled children interviews may require the use of non-verbal communication methods. |
| 5.43 | It will not necessarily be clear whether a criminal offence has been committed, which means that even initial discussions with the child should be undertaken in a way that minimises distress to them and maximises the likelihood that she or he will provide accurate and complete information. It is important to avoid leading questions or suggesting answers. |
| 5.44 | Interviews with family members (which may include the child) should also be undertaken in their preferred language and where appropriate for some people by using non-verbal communication methods. |
| 5.45 | In the course of an initial assessment local authority children’s social care should ascertain: |
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| 5.46 | The focus of the initial assessment should be both on the safety and the welfare of the child. It is important to remember that even if the reason for a referral was a concern about abuse or neglect that is not subsequently substantiated, a child and family may still benefit from support and practical help to promote a child’s health and development. When services are to be provided a child in need plan should be developed based on the findings from the initial assessment and on any previous plans, for example, those made following the completion of a common assessment. If the child’s needs and circumstances are complex a more in-depth core assessment under section 17 of the Children Act 1989 will be required in order to decide what other types of services are necessary to assist the child and family (see the Framework for the Assessment of Children in Need and their Families). Appendix 1 sets out the statutory framework including relevant sections of the Children Act 1989. Appendix 3 Using standardised assessment tools to evidence assessment and decision making is intended for use by practitioners to support evidence-based assessment and decision making. |
| 5.47 | Once an initial assessment has been completed (see paragraph 5.39 for definition of completed) local authority children’s social care should decide on the next course of action, following discussion with the child and family, unless such a discussion may place a child at increased risk of suffering significant harm. If there are concerns about a parent’s ability to protect a child from harm, careful consideration should be given to what the parents should be told when and by whom, taking account of the child’s welfare. Where it is clear that there should be a police investigation in parallel with a section 47 enquiry the considerations at paragraph 5.66 should apply. Whatever decisions are taken they should be endorsed at a managerial level agreed within local authority children’s social care and recorded in writing. This information should be consistent with that contained in the Initial Assessment Record (Department of Health, 2002). The local authority record in relation to the child should include whether the child was seen and who else, if anyone, was present at the time of each visit and also the reasons for deciding (or not) to see the child alone. The local authority record should also set out the decisions made and future action to be taken. The family, the original referrer, and other professionals and services involved in the initial assessment should, as far as possible, be told what action has been and will be taken consistent with respecting the confidentiality of the child and family concerned, and not jeopardising further action in respect of concerns about harm (which may include police investigations). This information should be confirmed in writing to the agencies, the family and where appropriate the child. |
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| 5.48 | An initial assessment may indicate that a child is a ‘child in need’ as defined by section 17 of the Children Act 1989 but that there are no substantiated concerns that the child may be suffering, or is likely to suffer, significant harm. There may be sufficient information available on which to decide what services (if any) should be provided by whom according to an agreed plan. On the other hand a more in-depth assessment may be necessary in order to understand the child’s needs and circumstances. In these circumstances, the Assessment Framework provides guidance on undertaking a core assessment which builds on the findings from the initial assessment and addresses the central or most important aspects of the needs of a child and the capacity of his or her parents or caregivers to respond appropriately to these needs within the wider family and community context. This core assessment can provide a sound evidence base for professional judgements on what types of services are most likely to bring about good outcomes for the child. Family Group Conferences (see paragraphs 10.2–10.4) may be an effective vehicle for taking forward work in such cases. |
| 5.49 | The definition of a ‘child in need’ is wide and it will embrace children in a diverse
range of circumstances. The types of services that may help such children and their
families will vary greatly according to their needs and circumstances. |
| The rest of the guidance in this chapter is concerned with the processes which should be followed where a child is suspected to be suffering, or is likely to suffer, significant harm. The Children Act 1989 introduced the concept of significant harm as the threshold that justifies compulsory intervention in family life, in the best interests of children. It gives local authorities a duty under section 47 to make enquiries when they have reasonable cause to suspect that a child who lives, or is found, in their area is suffering, or likely to suffer, significant harm to enable them to decide whether they should take action to safeguard or promote the child’s welfare. This statutory guidance adopts specifically the legislative terminology of ‘significant harm’ in preference to the use of the word “risk”, given the need both to reflect the legislative requirements and to avoid confusion with the wide variety of contexts and associated tools and methodologies associated with risk assessment/analysis. When assessing whether a child is suffering, or likely to suffer, significant harm local authority children’s social care will of course draw on a wide variety of information including the outcomes of relevant risk assessments or judgments provided by other agencies and professionals to inform their own evidence based assessment. | |
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| 5.50 | Where it is suspected that a child is suffering, or is likely to suffer, significant harm the local authority is required by section 47 of the Children Act 1989 to make enquiries to enable it to decide whether it should take any action to safeguard and promote the welfare of the child. A section 47 enquiry should be carried out through a core assessment (see paragraph 5.62). The Framework for the Assessment of Children in Need and their Families provides a structured framework for collecting, drawing together and analysing available information about a child and family within and between the following three domains: |
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| Using the framework will help to provide sound evidence on which to base often difficult professional judgements about whether to intervene to safeguard and promote the welfare of a child and if so, how best to do so and with what intended outcomes. | |
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| 5.51 | Where there is a risk to the life of a child or a likelihood of serious immediate harm, an agency with statutory child protection powers (Agencies with statutory child protection powers comprise the local authority, the police, and the NSPCC.) should act quickly to secure the immediate safety of the child. Emergency action might be necessary as soon as a referral is received or at any point in involvement with a child/ren and their family (see Appendix 1, paragraph 18 for the range of emergency protection powers available). The need for emergency action may become apparent only over time as more is learned about the circumstances of a child or children. neglect, as well as abuse, can result in a child suffering significant harm to the extent that urgent protective action is necessary. When considering whether emergency action is required, an agency should always consider whether action is also required to safeguard and promote the welfare of other children in the same household, the household of an alleged perpetrator or elsewhere. |
| 5.52 | Planned emergency action will normally take place following an immediate strategy discussion between the police, local authority children’s social care and other agencies as appropriate (including NSPCC where involved). Where a single agency has to act immediately to protect a child, a strategy discussion should take place as soon as possible after such action to plan next steps. Legal advice should normally be obtained before initiating legal action, in particular, when an Emergency Protection Order (EPO) is to be sought. For further guidance on EPOs see pages 55–65 of Volume 1 of the Children Act 1989 Guidance and Regulations, Court Orders. |
| 5.53 | In some cases, it may be sufficient to secure a child’s safety by a parent taking action to remove an alleged perpetrator or by the alleged perpetrator agreeing to leave the home. In other cases, it may be necessary to ensure either that the child remains in a safe place or that the child is removed to a safe place, either on a voluntary basis or by obtaining an EPO. The police also have powers to remove a child to suitable accommodation in cases of emergency. If it is necessary to remove a child a local authority should wherever possible – and unless a child’s safety is otherwise at immediate risk – apply for an EPO. Police powers should only be used in exceptional circumstances where there is insufficient time to seek an EPO or for reasons relating to the immediate safety of the child. |
| 5.54 | The local authority in whose area a child is found in circumstances that require emergency action is responsible for taking that action. If the child is looked after by, or the subject of a child protection plan in another authority, the first authority should consult the authority responsible for the child. Only when the second local authority explicitly accepts responsibility is the first authority relieved of its responsibility to take emergency action. Such acceptance should be confirmed subsequently in writing. |
| 5.55 | Emergency action addresses only the immediate circumstances of the child(ren). The local authority should follow this action quickly by initiating section 47 enquiries as necessary. The agencies primarily involved with the child and family should be involved in the core assessment to understand the needs and circumstances of the child and family, and agree action to safeguard and promote the welfare of the child in the longer-term. Where an EPO applies, local authority children’s social care will have to consider quickly whether to initiate care or other proceedings or to let the order lapse and the child return home. |
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| 5.56 | Whenever there is reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm there should be a strategy discussion involving local authority children’s social care, the police, health and other bodies as appropriate (for example, children’s centre/school or family intervention projects), in particular any referring agency. The strategy discussion should be convened and led by local authority children’s social care and those participating should be sufficiently senior and able, therefore, to contribute to the discussion of available information and to make decisions on behalf of their agencies. If the child is a hospital patient (in- or out-patient) or receiving services from a child development team, the medical consultant responsible for the child’s health care should be involved, as should the senior ward nurse if the child is an in-patient. Where a medical examination may be necessary or has taken place a senior doctor from those providing services should also be involved. Where the parents or adults in the household are experiencing problems such as domestic violence, substance misuse or mental illness it will also be important to consider involving the relevant adult services professional(s). |
| 5.57 | A strategy discussion may take place following a referral, or at any other time (for example, if concerns about significant harm emerge in respect of child receiving services under section 17). The discussion should be used to: |
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| 5.58 | Relevant matters will include: |
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| 5.59 | A strategy discussion may take place at a meeting or by other means (for example, by telephone). In complex types of maltreatment a meeting is likely to be the most effective way of discussing the child’s welfare and planning future action. More than one strategy discussion may be necessary. This is likely to be where the child’s circumstances are very complex and a number of discussions are required to consider whether and if so, when to initiate section 47 enquiries as well as how best to undertake them. Such a meeting should be held at a convenient location for the key attendees, such as a hospital, school, police station or children’s services office. Any information shared, all decisions reached and the basis for those decisions should be clearly recorded by the chair of the strategy discussion and circulated within one working day to all parties to the discussion. Local authority children’s social care should record information in the child’s file which is consistent with the information set out in the Record of Strategy Discussion (Department of Health, 2002). Any decisions about taking immediate action should be kept under constant review. |
| 5.60 | Significant harm to children gives rise to both child welfare and law enforcement concerns and section 47 enquiries may run concurrently with police investigations concerning possible associated crime(s). The police have a duty to carry out thorough and professional investigations into allegations of crime and the obtaining of clear strong evidence is in the best interests of a child, since it makes it less likely that a child victim will have to give evidence in criminal court. Enquiries may, therefore, give rise to information that is relevant to decisions that will be taken by both local authority children’s social care and the police. The findings from the assessment and/or police investigation should be used to inform plans about future support and help to the child and family. They may also contribute to legal proceedings, whether criminal, civil or both. |
| 5.61 | Each LSCB should have in place a protocol for local authority children’s social care and the police, to guide both agencies in deciding how section 47 enquiries and associated police investigations should be conducted jointly and in particular, in what circumstances section 47 enquiries and a linked criminal investigation are necessary and/or appropriate. When joint enquiries take place the police have the lead for the criminal investigation and local authority children’s social care have the lead for the section 47 enquiries and the child’s welfare. |
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| 5.62 | The core assessment is the means by which a section 47 enquiry is carried out. It should be led by a qualified and experienced social worker. Local authority children’s social care has lead responsibility for the core assessment under section 47 of the Children Act 1989. In these circumstances the objective of the local authority’s involvement is to determine whether and what type of action is required to safeguard and promote the welfare of the child who is the subject of the section 47 enquiries. The Framework for the Assessment of Children in Need and their Families (2000) provides the structure for helping to collect and analyse information obtained in the course of section 47 enquiries. The core assessment should begin by focusing primarily on the information identified during the initial assessment as being of most importance or seriousness when considering whether the child is suffering, or is likely to suffer, significant harm. It should, however, cover all relevant dimensions in the Assessment Framework before its completion. Those making enquiries about a child should always be alert to the potential needs and safety of any siblings or other children in the household of the child in question. In addition, enquiries may also need to cover children in other households with whom the alleged offender may have had contact. At the same time, the police will have to (where relevant) establish the facts about any offence that may have been committed against a child and to collect evidence. |
| 5.63 | The Children Act 1989 places a statutory duty on health, education and other services to help the local authority in carrying out its social services functions under Part III of the Children Act 1989 and in undertaking section 47 enquiries. Assessing the needs of a child and the capacity of their parents or wider family network to ensure his or her safety, health and development, very often depends on building a picture of the child’s situation on the basis of information from many sources. The local authority social worker, in leading the section 47 enquiry, should do his or her utmost to secure willing co-operation and participation from all professionals and services by being prepared to explain and justify the local authority’s actions and to demonstrate that the process is being managed in a way that can help to bring about better outcomes for children. The LSCB has an important role to play in cultivating and promoting a climate of trust and understanding between different professionals and services. |
| 5.64 | The child’s wishes and feelings should be ascertained and regard given to their age
and understanding when making decisions about what (if any) services to provide.
Section 47 enquiries should always involve interviews with the child who is the
subject of concern. The child should be seen by the lead social worker and
communicated with alone when appropriate. Some children may need to be seen,
for example, with an interpreter or a person who can use their preferred method of
communication (see paragraph 5.65 below). Others, such as babies, may need to be seen
in the presence of their primary caregiver so as to minimise their distress. In
addition, the enquiries should involve interviews with parents and/or caregivers
(both with the child present and in the child’s absence) and observations of the
interactions between parents and child(ren) (where appropriate in a variety of
settings). Enquiries may also include: |
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| 5.65 | Individuals should always be enabled to participate fully in the enquiry process. Where a child or parent is disabled, it may be necessary to provide help with communication to enable the child or parent to express him/herself to the best of his or her ability. Where a child or parent speaks a language other than that spoken by the interviewer, an interpreter should be provided. If the child is unable to take part in an interview because of age or understanding, alternative means of understanding the child’s wishes or feelings should be used, including observation where children are very young or where they have communication impairments. |
| 5.66 | Children are a key and sometimes the only source of information about what has happened to them especially in child sexual abuse cases but also in physical and other forms of abuse. Accurate and complete information is essential for taking action to safeguard and promote the welfare of the child, as well as for any criminal proceedings that may be instigated concerning an alleged perpetrator of abuse. When children are first approached, the nature and extent of any harm suffered by them may not be clear, nor whether a criminal offence has been committed. It is important that even initial discussions with children are conducted in a way that minimises any distress caused to them and maximises the likelihood that they will provide accurate and complete information. It is important, wherever possible, to have separate communication with a child. Leading or suggestive communication should always be avoided. Children may need time and more than one opportunity in order to develop sufficient trust to communicate any concerns they may have, especially if they have a communication impairment, learning disabilities, are very young or are experiencing mental health problems. |
| 5.67 | Exceptionally, a joint enquiry/investigation team may need to speak to a suspected child victim without the knowledge of the parent or caregiver. Relevant circumstances would include the possibility that a child would be threatened or otherwise coerced into silence, a strong likelihood that important evidence would be destroyed or that the child in question did not wish the parent to be involved at that stage and is competent to take that decision. As at paragraph 5.43 above, in all cases where the police are involved, the decision about when to inform the parent or caregiver will have a bearing on the conduct of police investigations and the strategy discussion should decide on the most appropriate timing of parental participation. |
| 5.68 | In accordance with the practice guidance Achieving Best Evidence (2007), all such joint interviews with children should be conducted by those with specialist training and experience in interviewing children. Additional specialist help may be required if: |
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| 5.69 | Criminal justice legislation, in particular the Youth Justice and Criminal Evidence Act 1999, creates particular obligations for courts who are dealing with witnesses under 17 years of age. These include the presumption of evidence-giving through prerecorded videos, as well as the use of live video links for further evidence-giving and cross examination. |
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| 5.70 | (Click here for a definition of Child Assessment Order) Local authority children’s social care should make all reasonable efforts to persuade parents to co-operate with section 47 enquiries. If, despite these efforts, the parents continue to refuse access to a child for the purpose of establishing basic facts about the child’s condition – but concerns about the child’s safety are not so urgent as to require an EPO – a local authority may apply to the court for a child assessment order. In these circumstances, the court may direct the parents/caregivers to cooperate with an assessment of the child, the details of which should be specified. The order does not take away the child’s own right to refuse to participate in an assessment, for example, a medical examination, so long as he or she is of sufficient age and understanding. For further guidance on child assessment orders see pages 52–55 of Volume 1 of the Children Act 1989 Guidance and Regulations, Court Orders. |
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| 5.71 | Section 47 enquiries should always be carried out in such a way as to minimise distress to the child and to ensure that families are treated sensitively and with respect. Local authority children’s social care should explain the purpose and outcome of section 47 enquiries to the parents and to the child, (having regard to their age and understanding) and be prepared to answer questions openly, unless to do so would affect the safety and welfare of the child. It is particularly helpful for families if local authority children’s social care provide written information about the purpose, process and potential outcomes of section 47 enquiries. The information should be both general and specific to the particular circumstances under enquiry. It should include information about how advice, advocacy and support may be obtained from independent sources. |
| 5.72 | In the great majority of cases, children remain with their families following section 47 enquiries even where concerns about abuse or neglect are substantiated. As far as possible, section 47 enquiries should be conducted in a way that allows for future constructive working relationships with families. The way in which a case is handled initially can affect the entire subsequent process. Where handled well and sensitively there can be a positive effect on the eventual outcome for the child. |
| 5.73 | Where a child is living in a residential establishment, consideration should be given to the possible impact on other children living in the same establishment. Paragraphs 6.10–6.13 set out a summary of the Government’s practice guidance on dealing with complex abuse cases. |
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| 5.74 | Local authority children’s social care should decide how to proceed following section 47 enquiries, after discussion between all those who have conducted, or been significantly involved in, those enquiries, including relevant professionals and agencies (as well as foster carers where involved) and the child and parents themselves. The information recorded on the outcome of the section 47 enquiries should be consistent with the information set out in the Outcome of the section 47 Enquiries Record (Department of Health, 2002). The local authority children’s social care record for the child should set out clearly the dates on which the child was seen by the lead social worker during the course of the enquiries, if they were seen alone, and if not, who was present and for what reasons. Parents and children of sufficient age and appropriate level of understanding (together with professionals and agencies who have been significantly involved) should receive a copy of this record, in particular in advance of any initial child protection conference that is convened. This information should be conveyed in an appropriate format for younger children and those people whose preferred language is not English. Consideration should be given to whether the core assessment has been completed or what further work is required before it is completed. It may be valuable, following an evaluation of the outcome of enquiries, to make recommendations for action in an inter-disciplinary forum if the case is not going forward to a child protection conference. Enquiries may result in a number of outcomes. Where the child concerned is living in a residential establishment which is subject to inspection, the relevant inspectorate should be informed. |
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| 5.75 | Section 47 enquiries may not substantiate the original concerns that the child was suffering, or was likely to suffer, significant harm but it is important that the core assessment is completed. In some circumstances it may be decided that completion of the section 47 enquiry means that the core assessment has been completed and no further action is necessary. However, local authority children’s social care and other relevant agencies, as necessary, should always consider with the child and family what support and/or services may be helpful, how the child and family might be provided with these services (if they wish it) and by whom. The focus of section 47 enquiries is the welfare of the child and the assessment may well reveal a range of needs. The provision of services to these children and their family members should not be dependent on the presence of abuse and neglect. Help and support to children in need and their families may prevent problems escalating to a point where a child is abused or neglected. |
| 5.76 | In some cases, there may remain concerns about the child’s safety and welfare despite there being no real evidence. It may be appropriate to put in place arrangements to monitor the child’s welfare. Monitoring should never be used as a means of deferring or avoiding difficult decisions. The purpose of monitoring should always be clear, that is, what is being monitored and why, in what way and by whom. It will also be important to inform parents about the nature of any ongoing concerns. There should be a time set for reviewing the monitoring arrangements through the holding of a further discussion or meeting. |
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| 5.77 | There may be substantiated concerns that a child has suffered significant harm but it is agreed between the agencies most involved and the child and family, that a plan for ensuring the child’s future safety and welfare can be developed and implemented without having a child protection conference or a child protection plan. Such an approach will be of particular relevance where it is clear to the agencies involved that there is the child is not continuing to suffer, or be likely to suffer, significant harm. |
| 5.78 | A child protection conference may not be required when there are sound reasons, based on an analysis of evidence obtained through section 47 enquiries, for judging that a child is not continuing to, or be likely to, suffer significant harm. This may be because, for example, the caregiver has taken responsibility for the harm they caused the child, the family’s circumstances have changed or the person responsible for the harm is no longer in contact with the child. It may be because significant harm was incurred as the result of an isolated abusive incident (for example, abuse by a stranger). |
| 5.79 | The agencies most involved may judge that a parent, caregiver or members of the child’s wider family are willing and able to co-operate with actions to ensure the child’s future safety and welfare and that the child is therefore not continuing to, or be likely to, suffer significant harm. This judgement can only be made in the light of all relevant information obtained during a section 47 enquiry, and a soundly based assessment of the likelihood of successful intervention, based on clear evidence and mindful of the dangers of misplaced professional optimism. Local authority children’s social care have a duty to ascertain the child’s wishes and feelings and take these into account (having regard to the child’s age and understanding) when deciding on the provision of services. A meeting of involved professionals and family members may be useful to agree what actions should be undertaken by whom and with what intended outcomes for the child’s health and development, including the provision of therapeutic services. Whatever process is used to plan future action, the resulting plan should be informed by the core assessment findings. It should set out who will have responsibility for what actions including what course of action should be followed if the plan is not being successfully implemented. It should also include a timescale for review of progress against planned outcomes. Family Group Conferences (paragraphs 10.2–10.4) may have a role to play in fulfilling these tasks. |
| 5.80 | Local authority children’s social care should take carefully any decision not to proceed to a child protection conference where it is known that a child has suffered significant harm. A suitably experienced and qualified social work manager within local authority children’s social care should endorse the decision. Those professionals and agencies who are most involved with the child and family and those who have taken part in the section 47 enquiry, have the right to request that local authority children’s social care convene a child protection conference if they have serious concerns that a child’s welfare may not otherwise be adequately safeguarded. Any such request that is supported by a senior manager or a named or designated professional, should normally be agreed. Where there remain differences of view over the necessity for a conference in a specific case, every effort should be made to resolve them through discussion and explanation but as a last resort, LSCBs should have in place a quick and straightforward means of resolving differences of opinion. |
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| 5.81 | Where the agencies most involved judge that a child may continue to, or be likely to, suffer significant harm local authority children’s social care should convene a child protection conference. The aim of the conference is to enable those professionals most involved with the child and family, and the family themselves, to assess all relevant information and plan how best to safeguard and promote the welfare of the child. |
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| 5.82 | The initial child protection conference brings together family members, the child who is the subject of the conference (where appropriate) and those professionals most involved with the child and family, following section 47 enquiries. Its purpose is: |
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| 5.83 | The timing of an initial child protection conference will depend on the urgency of the case and on the time required to obtain relevant information about the child and family. If the conference is to reach well-informed decisions based on evidence, it should take place following adequate preparation and assessment of the child’s needs and circumstances. At the same time, cases where children are continuing to, or are likely to, suffer significant harm should not be allowed to drift. Consequently, all initial child protection conferences should take place within 15 working days of the strategy discussion, or the strategy discussion at which the section 47 enquiries were initiated, if more than one has been held (see paragraph 5.57). |
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| 5.84 | Those attending conferences should be there because they have a significant contribution to make, arising from professional expertise, knowledge of the child or family or both. The local authority social work manager should consider whether to seek advice from, or have present, a medical professional who can present the medical information in a manner which can be understood by conference attendees and enable such information to be evaluated from a sound evidence base. There should be sufficient information and expertise available – through personal representation and written reports – to enable the conference to make an informed decision about what action is necessary to safeguard and promote the welfare of the child, and to make realistic and workable proposals for taking that action forward. At the same time, a conference that is larger than it needs to be can inhibit discussion and intimidate the child and family members. Those who have a relevant contribution to make may include: |
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| 5.85 | The relevant LSCB protocol should specify a required quorum for attendance and list those who should be invited to attend, provided that they have a relevant contribution to make. As a minimum, at every conference there should be attendance by local authority children’s social care and at least two other professional groups or agencies who have had direct contact with the child, who is the subject of the conference. In addition, attendees may also include those whose contribution relates to their professional expertise or responsibility for relevant services. In exceptional cases, where a child has not had relevant contact with three agencies (that is, local authority children’s social care and two others), this minimum quorum may be breached. Professionals and agencies who are invited to attend should make every effort to do so, but if unable to, they should submit a written report and, wherever possible, a well briefed agency representative should attend to speak to the report. |
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| 5.86 | Before a conference is held, the purpose of a conference, who will attend and the way in which it will operate, should always be explained to a child of sufficient age and understanding, and to the parents, and involved family members. Where the child/family members do not speak English well enough to understand the discussions and express their views, an interpreter should be used. The parents (including absent parents) should normally be invited to attend the conference and helped to participate fully. Children’s social care staff should give parents information about local advice and advocacy agencies and explain that they may bring an advocate, friend or supporter. The child, subject to consideration about age and understanding, should be invited to attend and to bring an advocate, friend or supporter if s/he wishes. Where the child’s attendance is neither desired by him/her nor appropriate, the local authority children’s social care professional who is working most closely with the child should ascertain what his/her wishes and feelings are and make these known to the conference. |
| 5.87 | The involvement of family members should be planned carefully. It may not always be possible to involve all family members at all times in the conference, for example, if one parent is the alleged abuser or if there is a high level of conflict between family members. Adults and any children who wish to make representations to the conference may not wish to speak in front of one another. Exceptionally, it may be necessary to exclude one or more family members from a conference, in whole or in part. The conference is primarily about the child and while the presence of the family is normally welcome, those professionals attending must be able to share information in a safe and non-threatening environment. Professionals may themselves have concerns about violence or intimidation, which should be communicated in advance to the conference chair. |
| 5.88 | LSCB procedures should set out criteria for excluding a parent or caregiver, including the evidence required. A strong risk of violence or intimidation by a family member at or subsequent to the conference, towards a child or anybody else, might be one reason for exclusion. The possibility that a parent/caregiver may be prosecuted for an offence against a child is not in itself a reason for exclusion although in these circumstances the chair should take advice from the police about any implications arising from an alleged perpetrator’s attendance. If criminal proceedings have been instigated the view of the Crown Prosecution Service (CPS) should be taken into account. The decision to exclude a parent or caregiver from the child protection conference rests with the chair of the conference, acting within LSCB procedures. If the parents are excluded, or are unable or unwilling to attend a child protection conference, they should be enabled to communicate their views to the conference by another means. |
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| 5.89 | A professional who is independent of operational or line management responsibilities for the case should chair the conference (In addition to this guidance Putting Care into Practice, the statutory guidance which accompanies the Care Planning, Placement and Case Review (England) Regulations 2010, sets out the expectations of the Independent Reviewing Officer (IRO) in relation to chairing the child protection review conference as part of the overarching review of the looked after child’s case.). The conference chair is accountable to the Director of Children’s Services. The status of the chair should be sufficient to ensure inter-agency commitment to the conference and the child protection plan. Wherever possible, the same person should also chair subsequent child protection reviews in respect of a specific child. The responsibilities of the chair include: |
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| 5.90 | A conference chair should be trained in the role and should have: |
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| 5.91 | Local authority children’s social care should provide the conference with a written report that summarises and analyses the information obtained in the course of the initial assessment and the core assessment undertaken under section 47 of the Children Act 1989 (in as far as it has been completed within the available time period), and information in existing records relating to the child and family. Where decisions are being made about more than one child in a family there should be a report prepared on each child. The information in the report for a child protection conference, which is be likely to be in the current core assessment record, should be consistent with the information which is set out in the Initial Child Protection Conference Report (Department of Health, 2002). The conference report should include information on the dates the child was seen by the lead social worker during the course of the section 47 enquiries, if the child was seen alone and if not, who was present and for what reasons. The core assessment is the means by which a section 47 enquiry is carried out. Although a core assessment will have been commenced, it is unlikely it will have been completed in time for the conference given the 35 working day period that such assessments can take. |
| 5.92 | The child protection conference report should include: |
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| 5.93 | Where appropriate, the parents and subject child should be provided with a copy of the report in advance of the conference. The contents of the report should be explained and discussed with the child and relevant family members in advance of the conference itself, in the preferred language(s) of the child and family members. |
| 5.94 | Other professionals attending the conference should bring with them details of their involvement with the child and family, and information concerning their knowledge of the child’s developmental needs, capacity of the parents to meet the needs of their child within their family and environmental context. This information should include careful consideration of the impact that the current and past family functioning and family history are having on the parents’ capacities to met the child’s needs. Contributors should, wherever possible, provide a written report in advance to the conference and these should be made available to those attending. |
| 5.95 | The child and family members should be helped in advance to think about what they want to convey to the conference and how best to get their points across on the day. Some may find it helpful to provide their own written report, which they may be assisted to prepare by their adviser/advocate. |
| 5.96 | Those providing information should take care to distinguish between fact, observation, allegation and opinion. When information is provided from another source, i.e. it is second or third hand, this should be made clear. |
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| 5.97 | Those providing information should take care to distinguish between fact, observation, allegation and opinion. When information is provided from another source, i.e. it is second or third hand, this should be made clear. |
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| 5.98 | The test for likelihood of suffering harm in the future should be that either: |
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| 5.99 | If the child protection conference decides that the child is likely to suffer significant harm in the future, the child will therefore require inter-agency help and intervention to be delivered through a formal child protection plan. The primary purposes of this plan are to prevent the child suffering harm or a recurrence of harm in the future and to promote the child’s welfare. |
| 5.100 | Child protection conference participants should base their judgements on all the available evidence obtained through existing records, the initial assessment and the in-depth core assessment undertaken following the initiation of section 47 enquiries, and any other relevant specialist assessments. The method of reaching a decision within the conference on whether the child should be the subject of a child protection plan should be set out in the relevant LSCB protocol. The decision making process should be based on the views of all agencies represented at the conference and also take into account any written contributions that have been made. |
| 5.101 | If the conference decided that the child is in need of a child protection plan, the chair should determine which category of abuse or neglect the child has suffered or is likely to suffer. The category used (that is physical, emotional, sexual abuse or neglect) will indicate to those consulting the child’s social care record the primary presenting concerns at the time the child became the subject of a child protection plan. |
| 5.102 | It is the role of the initial child protection conference to formulate the outline child protection plan in as much detail as possible. The decision of the conference and, where appropriate, details of the category of abuse or neglect, the name of the lead social worker (i.e. the social worker who is the lead professional for the case) and the core group membership should be recorded in a manner that is consistent with the Initial Child Protection Conference Report (Department of Health, 2002) and circulated to all those invited to the conference within one working day. |
| 5.103 | Where a child has suffered, or is likely to suffer, significant harm in the future it is the local authority’s duty to consider the evidence and decide what, if any, legal action to take. The information presented to the child protection conference should inform that decision making process but it is for the local authority to consider whether it should initiate, for example, care proceedings. In some situations the child may become accommodated and acquire looked after child status. Where a child who is the subject of a child protection plan becomes looked after by the local authority, the child protection plan should form part of the looked after child’s overarching care plan (see paragraphs 5.144–5.148). |
| 5.104 | A decision may have been made that a child does not require a child protection plan but he or she may nonetheless require services to promote his or her health or development. In these circumstances, the conference together with the family should consider the child’s needs and what further help would assist the family in responding to them. Subject to the family’s views and consent, it may be appropriate to continue and to complete the core assessment to help determine what support might best help promote the child’s welfare. Where the child’s needs are complex, inter-agency working will continue to be important. Where appropriate, a child in need plan should be drawn up and reviewed at regular intervals – no less frequent than every six months (see paragraphs 4.33 and 4.36 of the Framework for the Assessment of Children in Need and their Families). |
| 5.105 | Where a child is to be the subject of a child protection plan it is the responsibility of the conference to consider and make recommendations on how agencies, professionals and the family should work together to ensure that the child will be safeguarded from harm in the future. This should enable both professionals and the family to understand exactly what is expected of them and what they can expect of others. Specific tasks include the following: |
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| 5.106 | The outline child protection plan should: |
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| 5.107 | Parents/caregivers and, on occasion children, may have concerns about which they may wish to make representations or complain, in respect of one or more of the following aspects of the functioning of child protection conferences: |
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| 5.108 | Complaints about individual agencies, their performance and provision (or nonprovision) of services should be responded to in accordance with the relevant agency’s complaints handling process. For example, local authority children’s social care are required (by section 26 of the Children Act 1989) to establish complaints procedures to deal with complaints arising in respect of Part III of the Act. |
| 5.109 | Complaints about aspects of the functioning of conferences described above should be addressed to the conference chair. Such complaints should be passed on to local authority children’s social care, which, since they relate to Part V of the Children Act 1989, should be responded to in accordance with the Complaints Directions 1990 (The Directions are based on section 7B of the Local Authority Social Services Act 1970, inserted by section 50 of the National Health Service and Community Care Act 1990.). (This section will be updated when regulations on the revision of Local Authority Complaints Procedures under the Children Act 1989 are revised). In considering and responding to complaints, the local authority should form an inter-agency panel made up of senior representatives from LSCB member agencies. The panel should consider whether the relevant inter-agency protocols and procedures have been observed correctly and whether the decision that is being complained about follows reasonably from the proper observation of the protocol(s). |
| 5.110 | In addition, representations and complaints may be received by individual agencies in respect of services provided (or not provided) as a consequence of assessments and conferences, including those set out in child protection plans. Such concerns should be responded to by the relevant agency in accordance with its own processes for responding to such matters. |
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| 5.111 | Those attending should be notified of conferences as far in advance as possible, and the conference should be held at a time and place likely to be convenient to as many people as possible. All child protection conferences, both initial and review, should have a dedicated administrative person to take notes and produce a record of the meeting. The record of the conference is a crucial working document for all relevant professionals and the family. It should include: |
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| 5.112 | A copy should be sent as soon as possible after the conference to all those who attended or were invited to attend, including family members, except for any part of the conference from which they were excluded. This is in addition to sharing the main decisions within one working day of the conference (see paragraph 5.102). The record is confidential and should not be passed by professionals to third parties without the consent of either the conference chair or the lead social worker. However, in cases of criminal proceedings, the police may reveal the existence of the notes to the CPS in accordance with the Criminal Procedure and Investigation Act 1996. The record of the decisions of the child protection conference should be retained by the recipient agencies and professionals in accordance with their record retention policies. |
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| 5.113 | When a conference decides that a child should be the subject of a child protection plan, one of the child care agencies with statutory powers (local authority children’s social care or the NSPCC) should carry statutory responsibility for the child’s welfare and designate a qualified and experienced member of its social work staff to be the lead social worker, i.e. the lead professional. Each child who is the subject of a child protection plan should have a named lead social worker. |
| 5.114 | The lead social worker is responsible for making sure that the outline child protection plan is developed into a more detailed inter-agency plan. S/he should complete the core assessment of the child and family, securing contributions from core group members and others as necessary. The lead social worker is also responsible for acting as the lead professional for the inter-agency work with the child and family. S/he should co-ordinate the contribution of family members and other agencies to planning the actions which need to be taken, putting the child protection plan into effect and reviewing progress against the planned outcomes set out in the plan. It is important that the role of the lead social worker is fully explained at the initial child protection conference and at the core group. |
| 5.115 | The lead social worker should see the child, alone when appropriate, in accordance with the plan. She or he should develop a therapeutic relationship with the child, regularly ascertain the child’s wishes and feelings and keep the child up to date with the child protection plan and any developments or changes. The lead social worker should record in the child’s local authority social care record when the child was seen and who else, if anyone, was present at the time of each visit and also the reasons for deciding (or not) to see the child alone. |
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| 5.116 | The core group is responsible for developing the child protection plan as a detailed working tool and implementing it within the outline plan agreed at the initial child protection conference. Membership should include the lead social worker, who chairs the core group, the child if appropriate, family members and professionals or foster carers who will have direct contact with the family. Although the lead social worker has lead responsibility for the formulation and implementation of the child protection plan, all members of the core group are jointly responsible for carrying out these tasks, refining the plan as needed and monitoring progress against the planned outcomes set out in the plan. Agencies should ensure that members of the core group undertake their roles and responsibilities effectively in accordance with the agreed child protection plan. |
| 5.117 | Core groups are an important forum for working with parents, wider family members and children of sufficient age and understanding. It can often be difficult for parents to accept the need for a child protection plan within the confines of a formal conference. Their co-operation may be gained later when details of the plan are worked out in the core group. Sometimes there may be conflicts of interest between family members who have a relevant interest in the work of the core group. The child’s best interests should always take precedence over the interests of other family members. |
| 5.118 | The first meeting of the core group should take place within 10 working days of the initial child protection conference. The purpose of this first meeting is to flesh out the child protection plan. The meeting should also decide what steps need to be taken, by whom, to complete the core assessment on time so that future decisions and the provision of services can be fully informed when making decisions about the child’s safety and welfare. Thereafter, core groups should meet sufficiently regularly to facilitate working together, monitor actions and outcomes against the child protection plan, and make any necessary alterations as circumstances change. |
| 5.119 | The lead social worker should ensure that there is a record of the decisions taken and actions agreed at core group meetings, as well as of the written views of those who were not able to attend. The child protection plan should be updated as necessary. |
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| 5.120 | Completion of the core assessment, within 35 working days, should include an analysis of the child’s developmental needs and the parents’ capacity to respond to those needs within the context of their family and environment. This analysis should include an understanding of the parents’ capacity to ensure that the child is safe from harm. It should include consideration of the information gathered about the family’s history and their present and past family functioning. It may be necessary to commission specialist assessments (for example, from child and adolescent mental health services, adult mental health or substance misuse services, or a specialist in domestic violence) which it may not be possible to complete within this time period. This should not delay the drawing together of the core assessment findings at this point. A core assessment is deemed complete once the assessment has been discussed with the child and family (or caregivers) and the team manager has viewed and authorised the assessment. |
| 5.121 | The analysis of the child’s needs and the capacity of the child’s parents or caregivers to meet these needs within their family and environment should provide evidence on which to base judgements and decisions on how best to safeguard and promote the welfare of a child and where possible to support parents in achieving this aim. Decisions based on this analysis should consider what the child’s future will be like if his or her met needs continue to be met, and if his or her unmet needs continue to be unmet. The key questions are, what is likely to happen if nothing changes in the child’s current situation? What are the likely consequences for the child? The answers to these questions should be used to decide what interventions are required when developing the child protection plan and, in particular, in considering what actions are necessary to prevent the child from suffering harm or to prevent a recurrence of the abuse or neglect suffered. |
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| 5.122 | The initial child protection conference is responsible for agreeing an outline child protection plan. Professionals and parents/caregivers should develop the details of the plan in the core group. The overall aim of the plan is to: |
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| 5.123 | The child protection plan should be based on the findings from the assessment, following the dimensions relating to the child’s developmental needs, parenting capacity and family and environmental factors, and drawing on knowledge about effective interventions. Where the child is also the subject of a care plan, the child protection plan should be part of the looked after child’s care plan (see paragraph 5.103). The content of the child protection plans should be consistent with the information set out in the Child Protection Plan record (Department of Health, 2002). It should set out what work needs to be done, why, when and by whom. The plan should: |
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| 5.124 | The child protection plan should take into account the wishes and feelings of the child, and the views of the parents, insofar as they are consistent with the child’s welfare. The lead social worker should make every effort to ensure that the child and parents have a clear understanding of the planned outcomes; that they accept the plan and are willing to work to it. If the parents are not willing to co-operate in the implementation of the plan the local authority should consider what action, including the initiation of family proceedings, it should take to safeguard the child’s welfare. |
| 5.125 | The plan should be constructed with the family in their preferred language and they should receive a written copy in this language. If family members’ preferences are not accepted about how best to safeguard and promote the welfare of the child, the reasons for this should be explained. Families should be told about their right to complain and make representations, and how to do so. |
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| 5.126 | The child protection plan should be explained to and agreed with the child in a manner which is in accordance with their age and understanding. An interpreter should be used if the child’s level of English means that s/he is not able to participate fully in these discussions unless they are conducted in her/his own language. The child should be given a copy of the plan written at a level appropriate to his or her age and understanding, and in his or her preferred language. |
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| 5.127 | Parents should be clear about the evidence of significant harm which resulted in the child becoming the subject of a child protection plan, what needs to change and about what is expected of them as part of implementing the plan for safeguarding and promoting their child’s welfare. All parties should be clear about the respective roles and responsibilities of family members and different agencies in implementing the plan. The parents should receive a written copy of the plan so that they are clear about who is doing what when and the planned outcomes for the child. |
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| 5.128 | Decisions about how to intervene, including what services to offer, should be based on evidence about what is likely to work best to bring about good outcomes for the child (For further information from research findings on effective interventions see the NSDU section of the DCSF website). A number of aspects of intervention should be considered in the context of the child protection plan, in the light of evidence from the assessment of the child’s developmental needs, the parents’ capacity to respond appropriately to the child’s needs and the wider family and environmental circumstances. Particular attention should be given to family history (for example, of domestic and other forms of violence, childhood abuse, mental illness, substance misuse and/or learning disability) and present and past family functioning. |
| 5.129 | The following questions need to be considered: |
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| 5.130 | It is important that services are provided to give the child and family the best chance of achieving the required changes. If a child cannot be cared for safely by his or her caregiver(s) she or he will have to be placed elsewhere whilst work is being undertaken with the child and family. Irrespective of where the child is living, interventions should specifically address: |
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| 5.131 | Intervention may have a number of inter-related components: |
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| 5.132 | The development of secure parent–child attachments is critical to a child’s healthy development. The quality and nature of the attachment will be a key issue to be considered in decision making, especially if decisions are being made about moving a child from one setting to another, re-uniting a child with his or her birth family or considering a permanent placement away from the child’s family. If the plan is to assess whether the child can be reunited with the caregiver(s) responsible for the maltreatment, very detailed work will be required to help the caregiver(s) develop the necessary parenting skills. |
| 5.133 | A key issue in deciding on suitable interventions will be whether the child’s developmental needs can be responded to within his or her family context and within timescales that are appropriate for the child. These timescales may not be compatible with those for the caregiver(s) who is/are in receipt of therapeutic help. The process of decision making and planning should be as open as possible, from an ethical as well as practical point of view. Where the family situation is not improving or changing fast enough to respond to the child’s needs, decisions will be necessary about the long-term future of the child. In the longer term it may mean it will be in the best interests of the child to be placed in an alternative family context. Key to these considerations is what is in the child’s best interests, informed by the child’s wishes and feelings and by the parents’ capacity to make the required changes. |
| 5.134 | Children who have suffered significant harm may continue to experience the consequences of this abuse irrespective of where they are living, whether remaining with or being reunited with their families or alternatively being placed in new families; this relates particularly to their behavioural and emotional development. Therapeutic work with the child should continue, irrespective of where the child is placed, as long as is required in order for their needs to be met. |
| 5.135 | More information to assist with making decisions about interventions is available in the Chapter 4 of the Assessment Framework and the accompanying practice guidance (Department of Health, 2000). Recent research evidence on effective interventions in safeguarding children has been published by DCSF and DH. |
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| 5.136 | The first child protection review conference should be held within three months of the initial child protection conference and further reviews should be held at intervals of not more than six months for as long as the child remains the subject of a child protection plan. Where the child is also looked after, the child protection review should be part of the looked after child review (see paragraphs 5.144–5.148). It is important to ensure that momentum is maintained in the process of safeguarding and promoting the welfare of the child. Where necessary, reviews should be brought forward to address changes in the child’s circumstances. Attendees should include those most involved with the child and family in the same way as at an initial child protection conference, and the LSCB protocols for establishing a quorum should apply. |
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| 5.137 | The purposes of the child protection review are to: |
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| 5.138 | The reviewing of the child’s progress and the effectiveness of interventions are critical to achieving the best possible outcomes for the child. The child’s wishes and feelings should be sought and taken into account during the reviewing process. Every review should consider explicitly whether the child is suffering, or is likely to suffer, significant harm and hence continues to require safeguarding from harm through adherence to a formal child protection plan. If not, then the child should no longer be the subject of a child protection plan. If the child is considered to be suffering significant harm, the local authority should consider whether to initiate family court proceedings. For further guidance see Volume 1 of the Children Act 1989 Guidance and Regulations, Court Orders. |
| 5.139 | The same LSCB decision-making procedure should be used to reach a judgement on continuing to have a child protection plan as is used at the initial child protection conference. As with initial child protection conferences, the relevant LSCB protocol should specify a required quorum for attendance at review conferences. As a minimum, at every review conference there should be attendance by local authority children’s social care and at least two other professional groups or agencies, which have had direct contact with the child who is the subject of the conference. In addition, attendees may also include those whose contribution relates to their professional expertise or responsibility for relevant services. In exceptional cases, where a child has not had relevant contact with three agencies (that is, local authority children’s social care and two others), this minimum quorum may be breached. |
| 5.140 | The review requires as much preparation, commitment and management as the initial child protection conference. Each member of the core group has a responsibility to produce an individual agency report on the child and family for the child protection review. Together, these reports provide an overview of work undertaken by family members and professionals, and evaluate the impact of the interventions on the child’s welfare against the planned outcomes set out in the child protection plan. Those unable to attend should send their report to the lead social worker prior to the core group meeting and where possible, delegate attendance to a well briefed colleague. The content of the report to the review child protection conference should be consistent with the information set out in the Child Protection Review (Department of Health, 2002). |
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| 5.141 | A child should no longer be the subject of a child protection plan if: |
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| 5.142 | When a child is no longer the subject of a child protection plan notification should be sent, at a minimum, to all those agency representatives who were invited to attend the initial child protection conference that led to the plan. |
| 5.143 | A child who is no longer the subject of a child protection plan may still require additional support and services. Discontinuing the child protection plan should never lead to the automatic withdrawal of help. The key worker should discuss with the parents and the child what services might be wanted and required, based upon the re-assessment of the needs of the child and family. |
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| 5.144 | In most cases where a child who is the subject of a child protection plan becomes looked after it will no longer be necessary to maintain the child protection plan. There are however a relatively few cases where safeguarding issues will remain and a looked after child should also have a child protection plan. These cases are likely to be where a local authority obtains an interim care order in family proceedings but the child or young person who is the subject of a child protection plan remains at home, pending the outcome of the final hearing or where a young person’s behaviour is likely to result in significant harm to themselves or others. |
| 5.145 | Where a looked after child remains the subject of a child protection plan it is expected that there will be a single planning and reviewing process, led by the Independent Reviewing Officer (IRO), which meets the requirements of both this guidance and the Care Planning, Placement and Case Review (England) Regulations 2010 and accompanying statutory guidance Putting Care into Practice. |
| 5.146 | The systems and processes for reviewing child protection plans and plans for looked after children should be carefully evaluated by the local authority and consideration given to how best to ensure the child protection aspects of the care plan are reviewed as part of the overall reviewing process leading to the development of a single plan. Given that a review is a process and not a single meeting, both reviewing systems should be aligned in an unbureaucratic way to enable the full range of the child’s or young person’s needs to be considered in the looked after child’s care planning and reviewing processes. |
| 5.147 | It is recognised that there are different requirements for independence of the IRO function compared to the chair of the child protection conference. In addition, it is important to note that the child protection conference is required to be a multiagency forum while children for the most part want as few external people as possible at a review meeting where they are present. However, it will not be possible for the IRO to carry out his or her statutory function without considering the child’s safety in the context of the care planning process. In this context consideration should be given to the IRO chairing the child protection conference where a looked after child remains the subject of a child protection plan. Where this is not possible it will be expected that the IRO will attend the child protection review conference. |
| 5.148 | This means that the timing of the review of the child protection aspects of the care plan should be the same as the review under the Care Planning, Placement and Case Review (England) Regulations 2010, to ensure that up to date information in relation to the child’s welfare and safety is considered within the review meeting and informs the overall care planning process. The looked after child’s review when reviewing the child protection aspects of the plan should also consider whether the criteria continue to be met for the child to remain the subject of a child protection plan. Significant changes to the care plan should only be made following the looked after child’s review. |
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| 5.149 | Where a core assessment under section 47 of the Children Act 1989 gives rise to concerns that an unborn child may be likely to suffer significant harm local authority children’s social care may decide to convene an initial child protection conference prior to the child’s birth. Such a conference should have the same status, and proceed in the same way, as other initial child protection conferences, including decisions about a child protection plan. Similarly in respect of child protection review conferences. The involvement of midwifery services is vital in such cases. |
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| 5.150 | Local authority children’s social care IT systems should be capable of recording in the child’s case record when the child is the subject of a child protection plan, including where the child is also looked after by the local authority. A key purpose of having the IT capacity to record that a child is the subject of a child protection plan is to enable agencies and professionals, when appropriate, to be aware that these children are the subject of a child protection plan. It is equally important that agencies and professionals can obtain relevant information about any child in need who is known or has been known to the local authority. Consequently, agencies and professionals who have concerns about a child’s safety and welfare should be able to obtain information about a child that is recorded on the local authority’s ICS IT system. It is essential that legitimate enquirers such as police and health professionals are able to obtain this information both in and outside office hours. |
| 5.151 | Children should be recorded as having been, or being likely to be abused or neglected under one or more of the categories of physical, emotional, or sexual abuse or neglect, according to a decision by the chair of the child protection conference. These categories help indicate the nature of the current concerns. Recording information in this way also allows for the collation and analysis of information locally and nationally and for its use in planning the provision of services. The categories selected should reflect all the information obtained in the course of the initial assessment and core assessment under section 47 or the Children Act 1989 and subsequent analysis, and should not just relate to one or more abusive incidents. The initial category may change as new information becomes available during the time that the child is the subject of a child protection plan. |
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| 5.152 | Each local authority should designate a manager, normally an experienced social worker, who has responsibility for: |
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| This manager should be accountable to the Director of Children’s Services. | |
| 5.153 | The child’s individual case file should provide a record of information known to local authority children’s social care about that child and therefore it should be kept up-to-date on the local authority’s ICS IT system. The content of the child’s record should be confidential, available only to legitimate enquirers. This information should be accessible at all times to such enquirers. The details of enquirers should always be checked and recorded on the system before information is provided. |
| 5.154 | If an enquiry is made about a child and the child’s case is open to local authority children’s social care, the enquirer should be given the name of the child’s lead social worker and the lead social worker informed of this enquiry so that they can follow it up. If an enquiry is made about a child at the same address as a child who is the subject of a child protection plan, this information should be sent to the lead social worker of the child who is the subject of the child protection plan. If an enquiry is made but the child is not known to local authority children’s social care, this enquiry should be recorded on a contact record together with the advice given to the enquirer. In the event of there being a second enquiry about a child who is not known to children’s social care, not only should the fact of the earlier enquiry be notified to the later enquirer but the designated manager should ensure that local authority children’s social care consider whether this is or may be a child in need. |
| 5.155 | The Department for Children, Schools and Families holds lists of the names of designated managers and should be notified of any changes in designated managers. |
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| 5.156 | Keeping a good quality record about work with a child in need and his or her family is an important part of the accountability of all professionals to those who use their services. It helps to focus work and it is essential to working effectively across agency and professional boundaries. Clear and accurate records for each child ensure that there is a documented account of an agency’s or professional’s involvement with the child and/or his or her family or caregiver. They help with continuity when individual workers are unavailable or change and they provide an essential tool for managers to monitor work or for peer review. The child or adult’s record is an essential source of evidence for investigations and inquiries, and may also be required to be disclosed in court proceedings. Where a child has been the subject of a section 47 enquiry which did not result in the substantiation of referral concerns, his or her record should be retained in accordance with agency retention policies. These policies should ensure that records are stored safely and can be retrieved promptly and efficiently. |
| 5.157 | To serve these purposes, records relating to work with the child and his or her family should use clear, straightforward language, be concise and be accurate not only in fact, but also in differentiating between opinion, judgement and hypothesis. |
| 5.158 | Well kept records about work with a child and his or her family provide an essential underpinning to good professional practice. Safeguarding and promoting the welfare of children requires information to be brought together from a number of sources and careful professional judgements to be made on the basis of this information. These records should be clear, accessible and comprehensive, with judgements made and decisions and interventions carefully recorded. Where decisions have been taken jointly across agencies, or endorsed by a manager, this should be made clear. |
| 5.159 | The records (Department of Health, 2002) produced to support the implementation of the Integrated Children’s System contain the information requirements for local authority children’s social care together with others when recording information about work with an individual child in need and his or her family. The appropriate type of record to use at different stages of the process of working with a child and his or her family has been referenced throughout this chapter. |
| 5.160 | The GP should retain child protection initial conference and review reports as part of the child’s health record, where practicable. Ultimately, it is down to the individual GP, depending on their type of health recording system, to make the best judgement on how to incorporate this information into the child’s health record. |
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| 5.161 | Occasions may arise where relationships between parents, or other family members, are not productive in terms of working to safeguard and promote the welfare of their children. In such instances, agencies should respond sympathetically to a request for a change of worker, provided that such a change can be identified as being in the interests of the child who is the focus of concern. |
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