Section 3E INITIAL CHILD PROTECTION CONFERENCES; MANAGING CONFERENCES & CHILD PROTECTION REVIEW CONFERENCES Introduction Initial Child Protection Conferences should also be convened when the following criteria applies: Where a child or young person has been assessed by the relevant agencies as continuing to, or being likely to suffer significant harm, Children’s social care should convene an Initial Child Protection Conference. The Decision not to Proceed to an Initial Child Protection Conference Relevant team managers in children’s social care must consider very carefully any decision not to proceed to an Initial Child Protection Conference where it has been established that the child/young person may have suffered significant harm. This consideration hinges upon the child’s exposure to continuing risk of harm. Any decision to not proceed to conference should be discussed with the Independent Chairperson and endorsed by the team manager (including decisions to cancel or postpone a conference). Details of that decision and with whom it has been agreed, should be recorded on the case record. Other agencies/professionals involved in the investigation or assessment have the right to request that children’s social care convene an Initial Child Protection Conference if they have serious concerns. Any such requests which are supported by a senior manager within the agency concerned will normally be agreed. Where there are differences of opinion regarding whether or not to convene an Initial Child Protection Conference, every effort should be made to resolve the differences through appropriate discussion and explanation. Enduring differences of opinion are in themselves a criterion for proceeding to an Initial Child Protection Conference. Any decision to cancel or postpone a child protection conference is to be taken by the Independent Chair (in consultation with the team manager) and communicated to all relevant personnel by the case holding social worker for Version 1 – February 2013 Review Date – February 2014 1 the child. Any queries about such decisions should be directed to the Independent Chair. Pre-Birth Conferences - See Section 4C of the SSCB Procedures Where there is the likelihood of significant harm to an unborn child – where a core assessment under section 47 gives rise to concern that an unborn child may be at risk of significant harm – Children’s Social Care Services (CSC) must convene an Initial Child Protection Conference between 30 and 32 weeks gestation or as soon as possible thereafter. This is to allow as much time as possible for planning support for the family. Consideration should also be given to the possibility of a premature birth and the need for appropriate planning. The same process will be followed as with any other child protection conferences, including decisions regarding appropriate health personnel, for example, midwifery services, should be invited to attend in all cases. For further information on pre-birth child protection conferences and ‘Responding to Concerns about Unborn Children’ please go to; http://www.staffsscb.org.uk/Professionals/Procedures/Section-Four/Section-4Promoting-the-Welfare-Safety-of-Children-in-Specific-Circumstances.aspx Children who are the Subject of a Child Protection Plan in another Local Authority Moving to Staffordshire An initial (incoming) child protection conference should be arranged when a child who is the subject of a child protection plan in another local authority moves into the area on a permanent basis. Where a child who is the subject of a child protection plan in another local authority moves to Staffordshire for a temporary period, that local authority should inform this authority so the child’s details can be added to the local database. Go to page 34 of this procedure for further information. The Aim of an Initial Child Protection Conference The aim of the conference is to enable the professionals who are most involved with the child or young person, and the family themselves, to assess the relevant information, analyse the risks and plan how to promote and safeguard the wellbeing of the child or young person concerned. Whilst the Initial Child Protection Conference is central to local safeguarding procedures, it is not the forum for identifying whether a particular person has abused a child or young person. This is a matter for the criminal courts. In cases where emergency measures are required to protect a child, these must be taken without delay. An Initial Child Protection Conference must then be held within the appropriate timescale. Conferences which are convened on behalf of children whose names are already the subject of a child protection plan are otherwise known as child protection reviews. Go to page 27 of this procedure for further information on Child Protection Review Conferences. Version 1 – February 2013 Review Date – February 2014 2 Due regard must be given by children’s social care and other agencies to the accessibility of conference venues and to ensuring standards are met in terms of health and safety etc. Purpose of Conferences 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. The purpose of the Initial Child Protection Conference is to: bring together and analyse in an inter-agency setting (with the family and child as appropriate) the information which has been obtained about the child’s health, development and functioning and the parents’ or carers’ capacity to ensure the child’s safety and promote the child’s health and development within the context of their wider family and environment; consider the evidence presented to the conference and, taking into account the child’s present situation and information about his or her family history, and present and past family functioning, make judgements about the likelihood of a child suffering significant harm in the future and whether the child is, continuing to, or is likely to, suffer significant harm; and decide what future action is required in order to safeguard and promote the welfare of the child, including the child becoming the subject of a child protection plan, what the planned developmental outcomes are for the child and how to intervene to best achieve these. Timing of Conferences The timing of an Initial Child Protection Conference will depend on the urgency of the case and on the time needed 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 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 last strategy discussion or meeting date at which point section 47 enquiries were initiated. (Working Together (2010) 5.83). Who should attend the Initial Child Protection Conference? All relevant Staffordshire agencies that are represented in the area in which the child/young person and their family lives will be invited to the conference, along with any other known private or third sector who are working with the family. Due consideration MUST be given to making arrangements that take Version 1 – February 2013 Review Date – February 2014 3 account of the availability of key contributors. 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. 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 forward. Those who have a relevant contribution to make may include: the child, or his or her representative; family members (including the wider family); CSC staff who have led or been involved in an assessment of the child and family; foster carers (current or former); residential care staff; professionals involved with the child (for example, health visitors, midwife, school nurse, children’s guardian, paediatrician, school staff, early years staff, the GP, NHS Direct, CAMHS, education welfare officers (EWO), educational psychologist, Staffordshire Young People Service (SYPS; which includes the Youth Offending Service, etc); staff in the youth justice system including the secure estate); professionals involved with the parents or other family members (for example, family support services, adult services (in particular those from mental health substance misuse, domestic violence and learning disability), probation, the GP, NHS Direct); professionals with expertise in the particular type of harm suffered by the child or in the child’s particular condition, for example disability or long term illness; those involved in investigations (for example, the police); LA legal services (children); NSPCC or other involved voluntary organisations; Social housing provider (where appropriate) a representative from the armed services in cases where there is a service connection. Version 1 – February 2013 Review Date – February 2014 4 Letters of invitation will confirm details of time, venue and the name of the independent chairperson, and also include the names and dates of birth of family members and significant others. For Initial Child Protection Conferences as much notice as possible should be given of the date for the conference. It is the responsibility of the agency concerned to determine the most appropriate personnel to attend the meeting. In the event that an agency invited to attend the conference holds no information about the child or their family this should be communicated to the independent chair in writing. Attendance and apologies will be recorded, in the conference minutes. Where an agency is unable to send anyone to attend the conference, a report outlining the agency involvement with the child and/or their family should be provided. Planning the Conference Initial Child Protection Conferences are convened by CSC Services on behalf of the Local Safeguarding Children Board and in accordance with these procedures. Role and Responsibility of the Children’s Social Care Team manager Following the outcome of a s47 investigation which results in an Initial Child Protection Conference being convened the CSC team manager should: ensure that conferences are planned well within timescales in enabling those professionals most involved with the child and family, and the family themselves, to assess relevant information and to plan for safeguarding the child’s welfare. ensure that all relevant professionals (those who have been involved in the child’s life) are invited and able to attend, as well as those who are likely to be involved in future work with the child and family. In complex cases, consideration should be given to inviting a professional who has expertise in the particular type of harm suffered by the child. In all cases, the most relevant person from each agency should be invited and due consideration given to their availability. consider whether or not to seek from, or have present, a medical professional who can present the medical information in a manner which can be understood by conference members and enable such information to be evaluated from a sound evidence base. Ideally all medical personnel involved should be present to accurately reflect their involvement. ensure the parents are invited and helped to participate. However, this should be discussed with the Independent Chair (who may wish to discuss with police officers) whether it may be necessary to exclude Version 1 – February 2013 Review Date – February 2014 5 one or more family members from all or part of the conference. It may not be possible for all family members to be present at the same time, and the extent and manner of involvement of family members should be informed by what is known about them. discuss with the independent chair whether any steps are required to protect professional staff from intimidation either in the conference or after it, perhaps via police or legal action and initiate this action if necessary. Role and Responsibility of the Independent Chair The independent chair is accountable to the Director of Staffordshire Children’s Social Care Services and should not have had any operational or direct line management responsibility for the child or their family. The status of the chair should be sufficient to ensure inter-agency commitment to the conference and the child protection plan. On receiving notification from the children’s social care services team manager that an Initial Child Protection Conference should be convened the independent chair should: Identify a date for the meeting to be convened that takes account of the availability of the optimal number of participants, including the child (where appropriate) and family members. Timing should also take account of the date of the last strategy meeting. Discuss with the social worker in advance aspects of the meeting that will require careful management. This may include the participation (or exceptionally the exclusion) of family members, especially children and young people and the contribution of formal and informal carers. Be available for consultative advice, as appropriate, in advance of the meeting. be available to meet with parents and any other relevant parties (including advocates), at least 15 minutes prior to the commencement of the conference to explain the process and conduct of the meeting and to answer any questions. Role and Responsibility of the named Social Worker Once the CSC team manager has taken the decision to convene an Initial Child Protection Conference the named social worker should: liaise with relevant administrative support staff well in advance in identifying: individuals who are to be invited to attend; the availability of a suitably trained and experienced minute-taker; and Version 1 – February 2013 Review Date – February 2014 6 A suitable venue for those participating, taking account of the minimum specification requirements of a venue. Advice family members as soon as is practically possible and assist them in preparing for the meeting and in establishing how their involvement might be best achieved. Parents should be advised of their right to bring a friend/advocate or supporter. speak with the child/ren about the purpose of the conference and explore with them how they wish to be involved (in a way that is appropriate to their age and understanding). Care should always be taken, before any discussion with the child, to ensure that they know they are safe. The involvement of children in the conference process requires particular sensitivity and planning. For example, some children may not understand what has been happening to them and may, therefore, find it difficult to understand why a conference is needed; others may be very clear about what has happened to them, but may not have been able to talk to a trusted adult or may not have been listened to; and some are likely to have suffered emotional abuse. This means that the child’s wishes/feelings should be closely ascertained and the social worker should support and advise the child: of their right to attend the conference; in the event they wish to attend the conference that they can (if they wish) bring a friend/advocate or supporter; that they can (where appropriate) inform the conference of their wishes and feelings in writing; or they can have someone (and this could be the social worker or another person) represent their views for them at the conference. Prepare a written report for the conference, appropriately endorsed by the team manager that takes account of the initial assessment and aspects of core assessment conducted under s47 of the Children Act 1989. It should also contain explicit details of: the family composition, including significant others; reasons for the conference, dates when the child was seen, and whether they were seen alone; a chronology of significant events and agency and professional contact with the child and family; information on the child’s current and past state of developmental needs; Version 1 – February 2013 Review Date – February 2014 7 information on the capacity of the parents and other family members to ensure the child is safe from harm, and to respond to the child’s developmental needs, within their wider family and environmental context; the expressed wishes and feelings of the child, the views of the child’s parents and those of other family members; an analysis of the information gathered and recorded using the Assessment Framework dimensions to reach a judgement on whether the child is suffering, or is likely to suffer significant harm and consider how best to meet his or her developmental needs. This analysis should address: o how the child’s strengths and difficulties are impacting on each other; o how the parenting strengths and difficulties are affecting each other; o how the family and environmental factors are affecting each other; o how the parenting that is provided for the child is affecting the child’s health and development both in terms of resilience and protective factors, and vulnerability and risk factors; and o how the family and environmental factors are impacting on parenting and/or the child directly; the local authority recommendation to the conference in regards to the category of abuse under which it is proposed to manage the child protection plan, including an outline of what actions are required to be undertaken in order to achieve the desired outcomes for the child and their family, within what timeframe and by whom. The outline should also consider any contra-indicators and what actions should be taken in the event that the desired outcomes are not achieved. Ensure the report clearly distinguishes factual information and evidence gathered through direct observation of the child and family, from allegation and professional opinion. Information which is provided second or third hand should be made clear; and provide the parents and child with a copy of the report, at least two working days before the date of the conference, ensuring sufficient time is given to explaining and discussing the contents of the report Version 1 – February 2013 Review Date – February 2014 8 with them. The report should be provided in the preferred language(s) of the child and family members. This should occur in all but exceptional circumstances. It is NOT appropriate for the social worker to post the report to the family, and there is no instance where this would be considered acceptable practice. It is primarily the role of the social worker to prepare the child and family for the conference and effective preparation will support their ability to participate. However, it may not always be possible to involve all family members at all times in the conference, e.g. if one parent is the alleged abuser or if there is a high level of conflict between family members. Equally certain adults and/or children also may not wish to speak in front of one another. Where the social worker knows this to be the case they MUST discuss this with the Independent Chair, who will determine whether one or more family members should be excluded from part or all of the Initial Child Protection Conference. (Please see the guidance below for the criteria which apply in relation to exclusion). Role and Responsibility of Administrative Staff Upon being notified of the need for an Initial Child Protection Conference to be convened administrative staff should: liaise with the social worker and others in planning for the meeting; ensure that standard letters of invitation are despatched to those identified by the social worker, as soon as possible; identify a suitably trained minute-taker to prepare for the meeting, including identifying in advance a suitable venue and the availability of necessary materials and refreshments; and Liaise appropriately with the Independent Chair in anticipating the necessary administrative arrangements in preparing for the meeting. Role and Responsibilities of Agency Representatives / Professionals attending the Child Protection Conference Professionals attending the conference should come prepared to provide details of their involvement with the child and family, including knowledge of the child’s developmental needs, and the capacity of the parents to meet these needs within the family and environmental context. In addition a written report should be provided to the Independent Chair at least two working days in advance to the conference which should distinguish between fact, observation, allegation and opinion. Information which is provided second or third hand should be made clear. Agency report to Initial Child Protection Conference will usually be made available to those attending the conference. Professionals are required to make a recommendation on behalf of their agency/service recommendation to the chair, regarding whether the child should become the subject of a child protection plan and should base their recommendation on: Version 1 – February 2013 Review Date – February 2014 9 available evidence from existing records, shared at the conference; the initial assessment; the core assessment; and other relevant specialist assessments. Exclusion of the child, their parents or advocate from part or all of al Child Protection Conference Decisions about parental exclusion rest with the Independent Chair. It is the responsibility of other agency personnel to advise the chair in advance of the conference when exclusion criteria might need to be considered. Any decision to exclude a parent and/or an advocate from a child protection conference should be seen as exceptional. In determining whether to exclude a child, parent, caregiver, and/or advocate for either whole or part of the conference the Independent Chair should give consideration to which of the following grounds for exclusion apply. The individual should be excluded in order to: enable other members of the conference to provide necessary information to conference without fear of threat or intimidation; receive third party information; avoid disruption to the conference, e.g. by alcohol or substance misuse, or an actual threat of physical violence to a conference member. This can include any disruptions which may undermine the proper conduct of the meeting; Allow the Independent Chair / local authority to receive legal advice. The possibility that a parent/carer may be prosecuted for an offence against a child is not in itself a reason for exclusion, but the chair should take advice from the police about any implications arising from an alleged perpetrators attendance. Where criminal proceedings have been instigated, the view of the Crown Prosecution Service should be sought. If an individual is excluded from the conference or is unwilling or unable to attend, they should be enabled to communicate their views by alternative means. This may extend to the contribution of an advocate, if approved as appropriate, by the Independent Chair. In the event of exclusion being applied in advance of the Initial Child Protection Conference, the Independent Chair will: have the decision and the grounds for excluding an individual for part or all of the conference clearly recorded in the minutes of the conference; Version 1 – February 2013 Review Date – February 2014 10 ensure that the social worker communicates the decision and grounds for excluding an individual from part or all of the conference, to that individual, at the earliest opportunity; Agree the extent of documentary information that can be shared with the excluded individual in advance of, or following the conclusion of the Initial Child Protection Conference. In very rare circumstances the Independent Chair may be required to make a decision to exclude an individual during the course of the Initial Child Protection Conference. This may be as a consequence of disruptive or abusive behaviour towards other participants of the conference. Where this is the case the Independent Chair should give the individual a single warning that their behaviour is unacceptable and that if such behaviour continues they will be excluded. If the behaviour persists then the Independent Chair should ensure that the individual is escorted from the premises where the conference is taking place. Where concerns exists that an individual who has been excluded poses a risk to the child, another family member, or a professional participating in the conference every effort should be taken to ensure their safety. In exceptional circumstances this may include seeking assistance from the police. The Role of Advocates While the role of advocates in actively assisting children and other family members extends above and beyond attendance at Initial Child Protection Conferences, it is within the conference process that their role may be particularly significant. Advocates are distinct from other supporters, who may otherwise accompany family members to these meetings, in that they will actively contribute on the individual’s behalf in providing information to the conference. An advocate may be anyone whom a parent or child elects to represent their views explicitly in the conference. It may be a private individual, a member of a particular organisation or a professional person including a legal representative. In any event attendance should be limited to no more than one supporter and one advocate for each party. A supporter will not be permitted to make a verbal contribution, except at the discretion of the Independent Chair. The Independent Chair should ensure that advocates are made aware of the way in which the conference will be conducted, including the contributions that the advocate may make. In the event of advocates not adhering to common protocols and expectations to the point where their continued involvement is seen to undermine the proper conduct of the meeting, the ultimate sanction of excluding the advocate rests with the Independent Chair in accordance with the exclusion criteria. Version 1 – February 2013 Review Date – February 2014 11 MANAGING THE CONFERENCE Chairing the Initial Child Protection Conference The Independent Chair is answerable to the Director of Staffordshire Children’s Social Care Services for the conduct of the Initial Child Protection Conference. The Independent Chair should: prepare for the meeting in advance by discussing the case with the social worker, receiving written reports and meet with the child/family in advance of the conference in order to: o ensure they understand its nature and purpose; o identify the roles of advocates and supporters as appropriate; o address matters of exclusion, should they arise. provide a quality control dimension for contributing agencies in relation to: o ensuring practice and conference standards are maintained; o timescales being adhered to; o standards of written reports; and o Extending compliments, as well as deficits to relevant managers, as appropriate. All child protection conferences are managed by the Independent Chair in accordance with the SSCB Initial Child Protection and Review Conference Agenda. The Independent Chair should: ensure all conference members have access to a copy of the SSCB agenda; set out the purpose of the conference; ensure that conference members understand the confidentiality of the information that is shared; ensure conference members follow the agreed agenda and format of the meeting; enable all conference participants, and absent contributors, to make their full contribution to discussion and decision making; Version 1 – February 2013 Review Date – February 2014 12 ensure that conference members understand their roles and responsibilities in relation to determining whether the child is suffering, or is likely to suffer significant harm; and therefore whether the child should be made the subject of a child protection plan, according to the category(ies) of abuse that is/are being described. Decisions made should: ensure that the welfare of the child is paramount; promote anti-oppressive practice; give due regard to relevant legislation and statutory guidance; give due regard to the child’s developmental needs, in relation to parenting capacity and wider family and environmental issues; consider the implications of the information presented to the child. Actions and Decisions for the Conference In determining whether the child should be the subject of a child protection plan, the conference members should be directed by the Independent Chair to consider the following questions: has the child suffered significant harm? and is the child likely to suffer significant harm in the future? The test for likelihood of suffering harm in the future should be that either: the child can be shown to have suffered ill-treatment or impairment of health or development as a result of physical, emotional, or sexual abuse or neglect, and professional judgement is that further ill-treatment or impairment is likely; or professional judgement, substantiated by the findings of enquiries in this individual case or by research evidence, is that the child is likely to suffer ill-treatment or the impairment of health or development as a result of physical, emotional or sexual abuse or neglect. There are no absolute criteria for judging what constitutes significant harm, however, consideration may be given to: the degree and extent of physical harm; the duration and frequency of abuse and neglect; the extent of premeditation, degree of threat and coercion etc. These elements are usually associated with more severe effects on the child and with greater difficulty in overcoming the impact of harm. Version 1 – February 2013 Review Date – February 2014 13 If there is continuing risk of significant harm, the necessary help and intervention that is required in safeguarding the child will be delivered through the formal child protection plan. Quoracy It is expected that all agencies contributing to the investigation, the assessment and any arrangements for the future protection of the child will attend the Initial Child Protection Conference. It would be expected that a minimum of three SSCB agencies that have contributed to the s47 enquiry process should be in attendance at the conference. Representatives from different health care provider services may be considered to have separate agency function in this regard. Initial Child Protection Conferences must have appropriate representation in two critical aspects of their function: In considering background information, including historical concerns. In analysing and managing future risks to the child in terms of significant harm on the basis of professional expertise in safeguarding children’s welfare. In the event that a quorum has not been achieved, the Independent Chair should determine whether the conference is in possession of sufficient information to enable the conference to properly proceed. Observers An individual may be permitted to observe part or all of a conference with the advance permission of the Independent Chair. In considering such requests, the chair may consult individual members of the conference beforehand. Prior consultation must also take place with relevant family members. Observers will usually comprise of members of academic institutions or professional groups in accordance with training or staff development programmes. This may extend to local authority managers in monitoring and evaluating conference standards. In these circumstances, professional observers will normally be limited to one person. Minute Taking Children’s Social Care Services should provide a suitably trained and experienced administrative assistant to produce a summarised record of the meeting and who will: engage in a working partnership with the Independent Chair, in contributing to the management of the meeting; Version 1 – February 2013 Review Date – February 2014 14 take summarised notes in accord with the constituent phases of the formalised agenda, noting dissenting views of any decisions made; enter relevant data, relating to the outcome of the conference, onto the children’s social care electronic information system (PISCES); provide draft(s) of text(s) (including redacted minutes for family members, where they have been excluded for all or part of the conference) for endorsement by the Independent Chair within the following timescales: decisions and recommendations within one working day; complete minutes within ten working days of the conference; subsequent amendments within 28 days of the conference; Circulate copies of each of the above documents to contributing personnel at the discretion of the Independent Chair. Records should state, at the end of the narrative, that any discrepancies in terms of factual accuracy should be communicated to the Independent Chair within 10 working days of receipt of the minutes; make subsequent amendments to the written record of the meeting, at the direction of the Independent Chair; Routinely notify the relevant health service and education authorities when children are made the subject of, or cease to be the subject of a child protection plan. Conference Minutes Immediately following the Initial Child Protection Conference the Independent Chair should direct the minute taker in respect to the production of the conference minutes. This should include: quality assurance of the details of the minutes, prior to circulation to conference members; If an individual has been excluded for part or all of the conference they will receive a shortened (redacted) form of the minutes in order that third party information, legal advice or information relating to ongoing criminal enquiries/criminal prosecution is NOT shared; ensuring minutes are authorised, signed, and dated prior to distribution; ensuring minutes are distributed in accordance with agreed timescales; Ensuring that all documentation relating to the conference is added to the electronic information system. Version 1 – February 2013 Review Date – February 2014 15 Conference minutes will include: the essential facts of the case; a summary of the discussion at the conference, which accurately reflects contributions made; all decisions reached and reasons for those decisions, including dissenting views; an outline child protection plan with clarity about outcome based actions to be taken, by whom and within what specific timescales; The formal record of decisions and recommendations signed and dated by the Independent Chair, will be distributed to all relevant parties within one working day of the conference. (Working Together, 2010, 5.102); The completed summarised record and attached social work report which should be circulated by recorded delivery to the same personnel within 10 working days of the conference. This record MUST be approved, signed and dated by the Independent Chair; N.B. Exclusion from Conference - Participants will not receive minutes regarding any part of the conference from which they were excluded. It is the responsibility of the Independent Chair to ensure redacted conference minutes are prepared, and these have been approved, signed and dated by them prior to being circulated, within 10 working days of the conference; Explicit and bold reference to the confidential status of the information it contains. It should not be passed or copied to third parties without the consent of the Independent Chair. Recipient agencies should retain conference minutes in accordance with their record retention policies. In cases of criminal proceedings, the police may reveal the existence of the minutes to the CPS in accordance with the Criminal Procedures and Investigation Act 1996. Retention of Records The record of the decisions of the child protection conference should be retained by recipient agencies and professionals in accordance with their record retention policies. Decision of the Child Protection Conference is that the Child should not become the Subject of a Child Protection Plan In these circumstances the child(ren) may still require services to promote their health and/or development. The conference together with the family should consider the child’s needs and what further help would assist the family in responding to them. A decision should be made with the family (i.e. with consent) as to whether it is necessary to continue with and complete the core assessment, and what work is required to complete this assessment. Where the child/ren’s needs are complex, continued inter-agency working will Version 1 – February 2013 Review Date – February 2014 16 be required. A child in need plan should be drawn up and reviewed at intervals of at least every 6 months. As stated above, the core assessment should still be completed within 35 working days of the strategy discussion which triggered the s 47 enquiries. Where parental consent is not given to continue the core assessment, or where agreement is reached that the work/information needed to continue to the core assessment is already complete, a written record of the core assessment should be completed. Relevant feedback and signatures should be obtained from parents/carers and child/ren, even in cases where no further action is to be taken. The analysis should clearly record the reasons why the core assessment was deemed completed at this point, prior to being signed off by the relevant team manager. Copies of the completed core assessment should be forwarded to parents/carers and the child/ren if age appropriate. Where ongoing needs have been identified, but the parents do not give consent to a child in need plan, managed via children’s social care, the conference should give consideration to de-escalation to a Team Around the Child Plan which is managed via Staffordshire’s Thresholds Framework ‘Accessing the Right Help at the Right Time’ processes, and is managed by a local support team made up of a multi-disciplinary team of professionals in partnership with the child and their parents. To view Staffordshire’s Thresholds Framework please go to: www.staffsscb.staffordshire.gov.uk/Professionals/Procedures/SectionOne/Section-1-Policy-Framework-and-Principals.aspx Decision of the Child Protection Conference is that the Child should become the Subject of a Child Protection Plan If it is the decision of the conference that the child is likely to suffer significant harm in the future, the child will require inter-agency help and intervention to be delivered through a formal child protection plan. Where the decision of the conference is that the child should be made the subject of a child protection plan, it is the responsibility of the Independent Chair to: 1 determine the category of abuse (physical, emotional, sexual or neglect) which represents the primary presenting concerns raised during the information sharing phase of the conference; identify the Lead Professional1 (previously known as the key worker) and explain their role and responsibilities. No child should be the subject of a child protection plan without a named Lead Professional; Where a child is the subject of a Child protection plan the Lead Professional MUST be a qualified social worker. Version 1 – February 2013 Review Date – February 2014 17 Identify who will form the child protection core group (to include professionals and family members) explaining its responsibility to: Develop the child protection plan in conjunction with the ongoing core assessment (Assessment Framework) - including details of the work required to complete the core assessment (NB. The core assessment is deemed complete once it has been discussed with the child and family and the responsible children’s social care team manager has viewed and authorised the assessment); Establish how to involve children, parents (including all those with parental responsibilities) and wider family members in the assessment and planning process and identifying what appropriate support and advocacy is available to them. support conference participants to formulate (in as much detail as possible) the outline child protection plan, which should: o identify factors associated with the likelihood of the child suffering significant harm and ways in which the child can be protected from harm; o establish short-term and long-term outcome focussed aims and objectives that are clearly linked to preventing the child suffering harm or a recurrence of the harm suffered, meeting the child’s developmental needs and promoting the child’s welfare, including contract with family members; o be clear about who will have responsibility for what actions – including actions by family members – within what specified timescales; o outline ways of monitoring and evaluating progress against the desired outcomes identified within the plan; and o be clear about which professional is responsible for checking that the required changes have taken place and what action will be taken, by whom, and when they have not. establish appropriate timescales for: o The initial child protection core group meeting (within 10 days of the conference) which will develop the child protection plan as a detailed working tool and will decide what action needs to be taken by whom to complete the core assessment on time. o The scheduling of the next review conference (within 3 months of the Initial Child Protection Conference and at 6-monthly intervals thereafter). Please note that consideration for ceasing a child protection plan for a child, who is the subject of a child protection plan under the category of neglect, should not be made until the six review month conference. This is a Version 1 – February 2013 Review Date – February 2014 18 Staffordshire policy which recognises that in most cases where there is neglect concerns longer term agency support will be required beyond a three month period to help address the identified risks and needs and to demonstrate that improvements relating to the child’s welfare and safety can be sustained. identify, where appropriate, the need for more specialist assessments (for example, from child and adolescent mental health services, adult mental health or substance misuse services, or a specialist in domestic violence/abuse) and the necessary expertise in undertaking them; consider the need for a contingency plan if circumstances change and there is a need to take immediate action in order to protect the child. NB: Initiating Care Proceedings under Part V of the Children Act 1989 rests with the Local Authority and its legal advisers; Consider the need for an application for criminal injuries compensation, where appropriate; and agree the circulation of the conference minutes. Where a child becomes the subject of a child protection plan, the core assessment initiated as a result of section s47 enquiries should be completed within 35 working days of when the enquiries triggered the start of the core assessment (the date of the last strategy discussion). CHILD PROTECTION PLAN Managing the Child Protection Plan The Role of the Social Worker - When a child protection conference decides that a child is to be made the subject of a child protection plan, the operational team manager in CSC Services MUST ensure that in every case, a qualified and experienced social worker is appointed as the named Lead Professional (key worker). The named social worker is responsible for ensuring that the outline child protection plan formulated at the conference is developed by the core group into a detailed working inter-agency document and for co-ordinating the interagency work with the child and family. The lead professional should: 2 ensure that family members have understood the findings of the conference by discussing with them the detail of the decisions and the recommendations and of the summarised minutes of the meeting. (There is an SSCB leaflet2 for parents / carers explaining how family www.staffsscb.staffordshire.gov.uk/Professionals/Publications/Publications.aspx Version 1 – February 2013 Review Date – February 2014 19 members may participate in the core group). co-ordinate the work of the core group as set out in Working Together (2010), including ensuring that there is a written record of the action and decisions agreed at meetings; up-dating the child protection plan as necessary; and circulating minutes of meetings and the updated plan to core group members within 5 working days of every meeting. co-ordinate the contribution of family members and agencies in terms of planning required actions, affecting the child protection plan and reviewing progress against planned outcomes. complete the core assessment within a maximum of 35 days, securing contributions from core group members and others as necessary. Some specialist assessments may take longer, or the requirement for a more specialist assessment may only be identified at a later stage. However this should not delay the completion of the core assessment, which can be updated upon subsequent receipt of specialist assessments. prepare an analysis of the findings of the assessment and respond appropriately to identify needs within the family context. This informs the planning, case objectives and the nature of service provision in accordance with chapter 4 of the Assessment Framework3. The analysis will refine the child protection plan and it will also inform decision-making at subsequent child protection review conferences. ensure that they see the child, alone when appropriate, and regularly ascertain the child’s views, wishes and feelings and ensure they and their parents/carers understand the child protection plan, including changes and developments made to it. ensure that the child’s record, is maintained in accordance with the agency record management policy, and that a record is made of each occasion 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. take emergency action in discussion with the team manager, and with the benefit of legal advice as appropriate, in protecting a child from significant harm. Membership and Function of the Core Group It can often be difficult for parents to accept the need for a child protection plan within the confines of a formal conference and their cooperation may be gained later when the details of the outline child protection plan (agreed at the conference) is developed by the core group. It is critical that the core group provide an effective forum for engaging and working with parents, wider family 3 Assessment of Children in Need and their Families Version 1 – February 2013 Review Date – February 2014 20 members and children (where they are of sufficient age and understanding). SSCB has produced a leaflet for parents4; that explains the role of the core group. The Initial Child Protection Conference identifies which professionals/ agencies should constitute the core group, and who should be the lead professional (social worker) who is responsible for the coordination of the work of the core group. The core group will include the child (where they are of sufficient age and understanding), the child’s parents and/or carers. The membership of the core group may change over time, as the child protection plan is developed, monitored and redefined. Agencies should ensure that all staff who are members of a core group understand their roles and responsibilities and have completed the appropriate SSCB inter-agency training5 courses to equip them with the knowledge and skills needed to: formulate the detailed child protection plan; actively participate in the implementation of the plan, specifically with regard to areas of the plan for which they or their agency is responsible: monitor and evaluate the progress of the child and family, against the objectives and desired outcomes defined within the plan; constructively challenge core group members where actions for which they have responsibility have not been actively pursued, particularly where this has a detrimental impact upon the welfare and/or safety of the child, and/or the parents’ ability to meet their requirements within the planned timescales. Core group working provides a key opportunity for working in partnership with parents and others. Exclusion of a parent should be seen as exceptional and only occurring in circumstances where exclusion criteria may apply. (See page 10). Core Group Processes The first meeting of the core group will take place within ten working days of the Initial Child Protection Conference. The purpose of this first meeting is to compile a “first” detailed child protection plan that seeks to: identify early outcome based objectives in progressing the core assessment and in compiling “first” detailed child protection plan; identify resource implications of meeting these objectives; decide what further steps need to be taken, and by whom; 4 www.staffsscb.staffordshire.gov.uk/Professionals/Publications/Publications.aspx 5 www.staffsscb.staffordshire.gov.uk/Training/inter-agency-training.aspx Version 1 – February 2013 Review Date – February 2014 21 ensure appropriate safeguarding of the child(ren) concerned; progress the core assessment and detail of the plan within agreed timescales. Constituent agencies should take account of these critical first steps in putting the detail of the child protection plan in place and of the resource implications in co-ordinating the work of the core group. For children’s social care this will require Team managers to: chair the initial meeting of the core group; ensure that a summarised record of core group meetings is maintained; and Review the progress of the case via formal supervisory processes and ensure that the necessary arrangements are in place in accordance with agreed outcome based objectives. The core group MUST meet at six-weekly intervals (or more frequently if appropriate) in order to facilitate proper collaboration, monitor actions and outcomes against the detailed child protection plan, and make necessary changes as circumstances may require. Specific tasks of the core group also include: maintaining an up to date detailed child protection plan in writing. The plan should identify the names of the personnel involved and ideally be signed by them as the basis of a written agreement of work to be undertaken, and within stated timescales; maintaining a summarised record of its meetings that is confined to: o attendance o decisions made o individual actions o date(s) of next meeting(s) operating the individually allotted tasks contained in the plan, including more detailed assessments, where these have been recommended by conference; having collective responsibility for producing reports to subsequent reviews, presenting the detail of the current child protection plan at the commencement of each review and for making recommendations about the continuing need for a child to remain the subject of a child protection plan; identifying any need to convene an early child protection review or a Version 1 – February 2013 Review Date – February 2014 22 further child protection conference where the criteria may apply. It is the responsibility of Staffordshire Safeguarding Children Board and its constituent agencies to evaluate the effectiveness of core group working and to report regularly upon its development, including the effectiveness of individual child protection plans. The Child Protection Plan The core group should develop a detailed child protection plan from the outline child protection plan agreed at the Initial Child Protection Conference. The overall aim of the child protection plan is to: ensure the child is safe from harm and to prevent him or her from suffering further harm by enhancing the family’s strengths, addressing their vulnerabilities and risk factors and helping to meet the child’s unmet needs; promote the child’s health and development, i.e. his or her welfare; and to support the family and wider family members to safeguard and promote the welfare of their child. provided it is in the best interests of the child; The child protection plan template should be completed at the first core group meeting, and should be based on the findings from the core assessment. It should follow the dimensions relating to the child’s developmental needs, parenting capacity, family and environmental factors and should draw on the knowledge about effective interventions. The child protection plan should: identify the category of abuse/neglect by which the child was made the subject of a child protection plan; include names and contact details of the core group members and of other individuals contributing to the development of the plan; include the date of the plan; include details of any legal steps taken to safeguard the child(ren); include contact arrangements for the child/ren, with parents and significant others, including arrangements for oversight and/or supervision, venues, frequency, and any other circumstances that may need to be considered in managing contact; describe the identified developmental needs of the child, and what therapeutic services or other actions are required to meet those needs; Version 1 – February 2013 Review Date – February 2014 23 include specific, achievable, child focussed outcomes intended to safeguard and promote the welfare of the child; include realistic strategies and specific actions to bring about the changes necessary to achieve the planned outcomes; set out when and in what situations the child will be seen by the lead professional (social worker), both alone and with other family members or carers present (including a requirement for unannounced visits to be made to the family home). NB: The minimum standard whereby the child is seen and spoken to by the lead social worker should be regarded as a minimum of three weeks; however the decision relating to the frequency will be made within the child protection conference and will reflect the individual needs / risks of the child. clearly identify and set out roles and responsibilities of family members and professionals including those with routine contact with the child (for example, health visitors, GPs, teachers etc) and the nature and frequency of contact by these professionals with the child and family members; clearly identify and set out roles and responsibilities of family members and professionals including those with routine contact with the child’s parents/carers (for example, foster carers, substance misuse workers, pharmacists, community psychiatric nurses, etc) and the nature and frequency of contact by these professionals with the child and family members; include a contingency plan to be followed if circumstances change significantly and require prompt action (including initiating legal proceedings) to safeguard and promote the child’s welfare; and identify milestones at which progress will be reviewed and the means by which progress will be judged including the use of evidence based assessment. The child protection plan should take into consideration: the wishes and feeling of the child; and the views of the parents (in so far as they are consistent with the child’s welfare). An explanation should be provided if the family members’ preferences are not accepted about how to safeguard and promote the welfare of the child. The lead professional (social worker) should provide a copy of the child protection plan to all core group members. A copy of the child protection plan should be lodged with the Independent Chair within 6 weeks of the date of the conference. Version 1 – February 2013 Review Date – February 2014 24 Agreeing the plan with the child The lead professional should; explain to and agree the plan with the child, according to their age and understanding, using an interpreter if this is required; and provide a copy of the plan, in a format appropriate to the child’s age and understanding and in their preferred language. Agreeing the plan with parents The lead professional should; ensure parents understand the evidence of significant harm which resulted in their child becoming subject to a child protection plan; ensure they understand what needs to change and what their own and others respective roles are in achieving this; and provide a written copy of the child protection plan for the parents, in their preferred language. Intervention In deciding how to intervene, including what services to offer, the core group should also draw on evidence about what is likely to work best to produce good outcomes for the child. The core group should consider the following questions, when determining how best to intervene; What are the options for interventions which might help enhance the strengths and/or help to meet the child’s identified unmet needs as well as addressing the known vulnerabilities and risk factors? What resources are available? Which agency or professional and approach is the family most likely to cooperate with? Which intervention is most likely to produce the most immediate benefit and which might take time? What should be the sequence of interventions and why? What is the likelihood of achieving sufficient change within the child’s timeframe? (Given the severity of any ill-treatment suffered or impairment to the child’s health or development, the child’s current needs and the capacity of the family to cooperate). It is important that services are provided to give the child and family the best Version 1 – February 2013 Review Date – February 2014 25 chance of achieving the required changes. For example; a child may not be able to be safely cared for by his or her carer(s) and will, therefore, have to be placed in a family setting where the carer(s) is/are not present whilst work is being undertaken with the child and family. Irrespective of where the child is living, interventions should specifically address: the developmental needs of the child; the child’s understanding of what has happened to them; the abusing carer/child relationship parental capacity to respond to child’s needs (this should be considered within the context of what is known about the family history, present and past family functioning (for example, domestic and/or other forms of violence, childhood abuse, mental illness, substance misuse and/or learning difficulty); the relationship between the adult carers both as adults and parents; family relationships; the family’s relationship with professionals; possible changes circumstances. to the family’s social and environmental Intervention may have a number of inter-related components: action to make a child safe from harm or recurrence of harm; action to help promote a child’s health and development, i.e. welfare; action to help parent(s)/carer(s) in safeguarding a child and promoting his or her welfare; therapy for an abused or neglected child; and support or therapy for a perpetrator of abuse or neglect to prevent future harm to the child and where necessary to other children. 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, or reuniting a child with his or her birth family. If the plan is to assess whether the child can be reunited with the carer(s) responsible for the abuse, very detailed work will be required to help the carer(s) develop the necessary parenting skills. 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 a carer who is in receipt of therapeutic help. The process of decision making and planning should be as open as possible, Version 1 – February 2013 Review Date – February 2014 26 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 would be in the best interests of the child to be placed in an alternative family context. Central to these considerations is what is in the child’s best interests, informed by the child’s views. 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, for as long as is required in order to ensure the needs of the child are responded to appropriately. CHILD PROTECTION REVIEW CONFERENCES Summary The child protection review conference is the formal mechanism to: review whether the child is continuing to suffer, or is likely to suffer, significant harm and whether their health and developmental progress has improved against planned outcomes set out in the child protection plan; ensure that the child continues to be safeguarded from harm; and consider whether the child protection plan should continue or should be changed. 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 agency report on the child and family for the review. Together these reports provide an overview of the work undertaken by family members and professionals, and evaluation of the impact of interventions on the child’s welfare against planned outcomes set out in the child protection plan. For a child protection review, the decision making process for determining whether the child should continue to be the subject of a child protection plan, is exactly the same as that used at the Initial Child Protection Conference. Timescales The first child protection review should be held within three months of the Initial Child Protection Conference. 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 necessary, reviews should be brought forward in addressing any unanticipated changes in the child’s circumstances, including any Version 1 – February 2013 Review Date – February 2014 27 recommendation for an “early” review by the core group. This recommendation may be initiated for instance in the event of unresolved aspects of the plan exposing the child to undue risks of harm. Where the child is also looked after, the child protection review and the looked after child review should be brought together. (See page 30 below). Managing the Child Protection Review Process The Lead Professional is responsible for ensuring that invitations for child protection review conferences are sent out at least two weeks in advance of the meeting, as a reminder for the forthcoming review. Attendees at child protection reviews should include those most involved with the child and family, including those represented in the core group. Information should be available to the review from at least two contributing agencies, in addition to children’s social care, in supporting the work and the recommendations of the core group. In exceptional circumstances, where a child has not had relevant contact with three agencies (i.e. children’s social care and two others) this minimum quorum may be breached. In the event that a core group member is unable to attend the child protection review conference they MUST send their agency report to the lead professional prior to the date of the conference, and where possible delegate attendance to a well briefed colleague. The core group has a shared responsibility in producing reports for the review. A template for summarising the progress of the child protection plan has been produced within the Integrated Children System (Department of Health 2002). The lead professional is responsible for ensuring that copies of reports, including a summarised progress report, is provided to parents/carers and to the Independent Chair respectively at least five working days prior to the review. While scheduled dates to convene reviews can be changed in ensuring appropriate representation in this process, child protection reviews cannot be postponed beyond the absolute timescales as identified above. Independent Chairs, children’s social care team managers and individual members of the core group have a shared responsibility in ensuring that this standard is maintained in keeping children safe. Every child protection review conference should explicitly consider: the detail of the current child protection plan; the progress made in evaluating strengths and areas of continuing concern in managing identified risks; and recommendations of the core group in determining whether the nature and degree of identified risks should continue to be managed via a formal child protection plan. Version 1 – February 2013 Review Date – February 2014 28 The SSCB has agreed that where a child is the subject of a child protection plan under the category of neglect, discontinuing the plan at the first review (at three months) is not an option. This review will be confined to re-evaluating the scope of the child protection plan and in detailing support and services. Discontinuing the Child Protection Plan The child protection review conference, with the endorsement of the Independent Chair, should decide that the child should no longer be the subject of a child protection plan where: it is judged that the child is no longer suffering, or likely to suffer, significant harm; and therefore a child protection plan is no longer required to ensure the child’s welfare is safeguarded; the child and family have moved permanently to another local authority area. In such circumstances the lead social worker is responsible for immediately notifying Staffordshire’s CSC Business Manager for Safeguarding and Review and the receiving authority that a child subject to a child protection plan has moved to their area. The receiving authority should convene a child protection conference within 15 working days of being notified of the move where the move is believed to be permanent. The Staffordshire child protection plan can only be discontinued following a ‘receiving in’ conference being held. The decision to convene an in-coming or ‘receiving in’ conference is made by Staffordshire’s CSC Business Manager, Safeguarding and Review. the child has reached 18 years of age - to end the child protection plan, the local authority should hold a child protection review before the child’s birthday; the child has died – in this instance a Critical Child Incident Notification should be triggered by the Families First Strategic Lead for Specialist Safeguarding Delivery to the SSCB Manager and to the appropriate regulatory body (Ofsted); or the child has permanently left the UK; where a child has permanently left the UK and it is the view of the Review Child Protection Conference that the child continues to suffer, or be likely to suffer, significant harm, the local authority should take appropriate measures to ensure every effort is made to locate the child and to share information as required with UK agencies and oversees child protection services (as required) to ensure the child’s safety. The decision to discontinue a child protection plan where the first above* criteria applies, must be based upon the completion of the core assessment; the successful implementation of the child protection plan; an inter-agency review of assessed needs, and the recommendation of the core group and other contributing agencies, bearing in mind that unanimity may not be required. Dissenting views MUST be recorded in the minutes, with a clear Version 1 – February 2013 Review Date – February 2014 29 explanation being given as to why the agency considers the child to be continuing to suffer, or likely to suffer, significant harm. The discontinuation of a plan, however, should not necessarily coincide with a withdrawal of support and services. The review should make recommendations for continuing support and services, in line with the Staffordshire’s Thresholds Framework6 and should consider whether such support should be provided under section 17 of the Children Act 1989, or whether a multi-disciplinary ‘team around the child/family’ meeting should be established via the local support team. Where further support is required under section 17 of the Children Act 1989, the agencies represented on the core group should be responsible for developing, implementing and reviewing a child in need plan for the child and family. In the event that children’s social care ceases to have involvement with the child and their family who require ongoing services, the role of lead professional should transfer to another professional who has regular and ongoing contact with them. Children looked after by the Local Authority 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 the local authority has obtained an interim care order7, but the child or young person who is the subject of a child protection plan remains at home, pending the outcome of the final court hearing or where a young person’s behaviour is likely to result in significant harm to themselves or others. Single Planning and Review Process Where children who are looked after are also subject of a child protection review conference, the overriding principle must be that systems are integrated and carefully monitored in a way that promotes a non-bureaucratic 6 http://www.staffsscb.org.uk/professionals/thresholds/ 7 Under s 38 of the Children Act 1989 the court has the power to make interim care which places the child in the care of the local authority on an interim basis whilst the family is assessed and until the court can make a final decision. The interim care order has the same effect as a final care order in giving the local authority parental responsibility. The first time an interim care order is made it can last for 8 weeks and it can be renewed after that for up to 28 days at a time. Version 1 – February 2013 Review Date – February 2014 30 child-centred approach. It is important to link review processes so that outcomes from a child protection review are brought to the looked after review, in informing the overall care planning process. Given that a review is a process and not a single meeting, the local authority should ensure that the child protection review process and that of the looked after children review process are both aligned to take into consideration; the differing requirements for independence of the independent reviewing officer (IRO) function compared to that of the Independent Chair (child protection conference); and the requirement that the child protection review conference is a multiagency forum, by comparison to the looked after review which involves the attendance of a limited number of professionals (external to the local authority). When a child who is the subject of a child protection plan subsequently becomes subject to legal proceedings or becomes a looked after child, the next child protection review conference must seriously consider whether the prospect of continuing risk of harm still applies. This should take account of the child’s long-term protection and of the agencies’ longer-term confidence about arrangements contained in the care plan. Particular regard must be given, for instance, to contact arrangements, to imminent rehabilitation plans or to the completion of assessments ordered by a court. In general, children should not be subject to two parallel reviewing systems. When a child becomes looked after by the local authority or the subject of legal proceedings, whereby the local authority shares parental responsibility, any continuing risks should effectively be managed within the scope of the child / young person’s care plan. The contribution of all agencies involved in the original child protection plan should be retained to help to keep the child safe within the looked after children arrangements. Once the Child Protection Plan is Discontinued When a child is no longer the subject of a child protection plan, the relevant Independent Chair in CSC should ensure that: all agencies that were represented in the original child protection conference, which led to the plan, are notified of this change; the relevant health economy agencies and education authority are specifically informed; and Supportive services, in accordance with the Review Child Protection Conference. Managing and Providing Information about a Child: Strategic Arrangements on Behalf of Children Subject of Child Protection Plans Version 1 – February 2013 Review Date – February 2014 31 Summary The local authority’s children’s social care data management 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. The purpose of recording that a child is the subject of a child protection plan is to enable agencies and professionals, to make legitimate enquiries of the local authority to ascertain whether a child is known, or has been known, to children’s social care, and whether the child is considered to be suffering, or likely to suffer, significant harm; and where this has resulted in the child becoming the subject of a child protection plan, the category of abuse which was the primary cause of concern at the time of the Initial Child Protection Conference Recording information in this way also allows for the collation and analysis of information locally and for its use in planning the provision of services to children usually resident in Staffordshire. The Staffordshire CSC Strategic Lead for Specialist Safeguarding Delivery is accountable for identifying a designated CSC manager with the responsibility for: ensuring the records of all children the subject of a child protection plan is kept up to date on the local authority’s integrated children’s data management system; ensuring enquiries about children about whom there are concerns or who have child protection plans are recorded on the local authority’s child data management system; managing other notifications of movements of children into or out of the local authority area, such as children who have a child protection plan and/or who are looked after; managing notifications of people who may pose a risk of significant harm to children who are either identified within the local authority area or have moved into the area; and managing requests for checks to be made to ensure unsuitable people are prevented from working with children. Enquiries to Children’s Social Care Services The central coordinating function is maintained within Staffordshire County Council’s CSC Service, as an adjunct to management arrangements on behalf of the Staffordshire Safeguarding Children Board. A data base is maintained which contains the details of all children resident in Staffordshire who are the subject of a child protection plan. Version 1 – February 2013 Review Date – February 2014 32 To enquire whether a child is the subject of a child protection plan professionals having legitimate reasons to make such enquiries should contact: Child Protection Plan Administrator Children and Families Wedgwood Building Tipping Street Stafford ST16 2DH Tel: (01785) 277042 or 276937 E-mail: strategicsafeguarding@staffordshire.gcsx.gov.uk Purpose of Enquiries Professionals should only make enquiries where they have a valid reason to do so, specifically to: ascertain whether a child is judged to be suffering, or likely to suffer, significant harm; provide professional staff that may have concerns about an individual child with a prompt response in establishing whether a child protection plan exists and whether there are any associated concerns; identify the category of significant harm which may have been identified in any particular case; help indicate the nature of previous concerns in an individual case to staff making the enquiry and to provide any other advice that may be relevant. In addition, enquiries may be made on behalf of Staffordshire Safeguarding Children Board and its constituent agencies, in order to obtain statistical information to facilitate the effective monitoring and development of individual and inter-agency safeguarding arrangements. Access to the Database Enquiries can be made on a 24 hour basis. Out of normal office hours the contact is via Staffordshire CSC’s Emergency Duty Service on 0845 6042886. Enquiries are processed on a strict ‘call-back’ basis to help verify the caller. Only the following professionals may make legitimate enquiries and access information about children from children’s social care: CSC social workers and managers; police sergeant or above (or police officer, child protection team, domestic violence officer); dentists, dieticians, health visitors, midwives, occupational therapists, Version 1 – February 2013 Review Date – February 2014 33 psychologists, psychotherapists, physiotherapists, registered medical practitioners, radiographers, registered nurses (including school nurses), speech therapists; CAFCASS; probation officer and senior staff; NSPCC operational staff; head teacher (or the designated teacher for child protection); education welfare officer and seniors; armed service welfare officer or commissioned rank not below captain/flight lieutenant; prison governor (and nominated deputy); head of paramedical services; area youth and community workers; youth offending team members. Any other persons who may have genuine concerns about safeguarding the welfare of a child, including members of the public, will need to register that concern by making contact with the First Response Service in the Multiagency Safeguarding Hub on 0800 1313126. Actions Following an Enquiry to the Database For enquiries made about a child’s whose case is open to children’s social care, the enquirer should be given the name of the child’s social worker who should be informed of this enquiry so they can follow it up. If an enquiry is made about a child living at the same address as a child who is the subject of a child protection plan, this information should be sent to the lead professional (social worker) for the child who is the subject of the child protection plan. If an enquiry is made about a child not known to children’s social care, this enquiry should be recorded on a contact sheet, together with the advice given to the enquirer. In the event of a second enquiry about a child who is not known to children’s social care; the: fact of the earlier enquiry should be notified to the later enquirer; and the designated manager should ensure that consideration is given as to whether this is, or may be, a child in need. Version 1 – February 2013 Review Date – February 2014 34 Children subject to another Local Authority’s Child Protection Plan who are moving to Staffordshire In the event that children’s social care is notified of an impending (or actual) move, the child’s name will be routinely placed in a temporary capacity on the Staffordshire database, as a child the subject of a child protection plan pending further enquiries. The child protection plan database administrator will liaise with Staffordshire CSC Business Manager for Safeguarding and Review, and the relevant children’s social care team manager who will make initial enquiries via their operational counterpart in the originating local authority area. There are then two options available to the local team manager: making the necessary arrangements for a “receiving in” child protection conference within 15 working days of the child’s move to Staffordshire. This will need to include local agency representatives together with appropriate representatives including the key worker from the other local authority in accord with local arrangements for conducting child protection conferences; and/or arranging for further enquiries to be made locally to determine whether child protection procedures might apply in Staffordshire in ensuring that the child’s welfare is appropriately safeguarded. The view may be taken for instance, that a child may be considered “safe” by virtue of their “placement” in a looked after child arrangement, or in a residential/educational placement or otherwise in their being looked after by extended family. In cases Staffordshire CSC’s Business Manager for Safeguarding and Review will make the final decision in respect of convening a ‘receiving in’ conference. A Child who is the Subject of a Child Protection Plan in Staffordshire who moves to another Local Authority As soon as it becomes apparent that a Staffordshire child is moving, even on a temporary basis, to another local authority area, it is the responsibility of the local team manager to ensure that: the Staffordshire Child Protection Plan Database Administrator is notified (see page 32 above for contact details), including individual details about addresses, dates etc, and that the administrator is supplied with a copy of the current child protection plan and decisions and recommendations from the most recent child protection conference; contact is made with the operational counterpart in the other local authority area to discuss the circumstances of the move, identified risks and interim management responsibility pending the convening of a “receiving in” conference or of any other appropriate action; Appropriate consideration is given to whether a ‘receiving-in’ conference should be held. While this decision normally hinges upon the permanent Version 1 – February 2013 Review Date – February 2014 35 status of the move, the circumstances of Victoria Climbie reinforces the need to use the protocol agreed by West Midland authorities which states that this applies to the children’s social care service where a child lives. The administrator is advised of the child’s actual move(s) from Staffordshire and of any operational agreements being made between the authorities about the outcome of “receiving in” conferences or of any other action in the “new” local authority. The Staffordshire administrator will: take responsibility for ensuring that effective inter-authority liaison takes place and that appropriate agreements are in place for safeguarding the child(ren)’s welfare; communicate in writing with the child protection plan administrator in the other local authority in detailing those arrangements; and ensure the Staffordshire database is updated to reflect that the child protection plan has been discontinued and that operational staff locally are appropriately advised together with other constituent agencies in Staffordshire (particularly health and education authorities as per local contact points). Temporary Arrangements Children who are the subject of child protection plans and whose family frequently move address, are sometimes considered to be among the most vulnerable amongst this population of children. Therefore, children who move to other local authority areas should arguably attract the highest priority in giving due consideration to safeguarding their welfare. Temporary ‘subject of a child protection plan’ status is an established organisational arrangement for monitoring the movements of children between individual local authority areas. There are two aspects of this process: a child who is the subject of a plan in another local authority and who moves into Staffordshire; and a child who is the subject of a child protection plan in Staffordshire who moves into the jurisdiction of another local authority. In each of the above cases, it is critical that the administrator in Staffordshire is informed by operational social work staff as soon as it becomes apparent that the child/family has moved address or intends to move. The administrator will liaise directly with their counterpart in the other local authority area to ensure that appropriate organisational arrangements are in place in safeguarding the child’s welfare. The administrator will, in turn, advise the operational team manager in writing of the outcome of this inter-authority Version 1 – February 2013 Review Date – February 2014 36 liaison. COMPLAINTS ABOUT A CHILD PROTECTION CONFERENCE Summary - In recognising its commitment to achieving better outcomes for children and young people, and to involving young people and their families in decisions affecting them, Staffordshire Safeguarding Children Board acknowledges the rights of individuals to make representation and to challenge decisions. This extends to decisions made in child protection conferences, including that of making a child the subject of a child protection plan, that are effectively inter-agency decisions made upon the outcome of inter- agency processes. Criteria The right to challenge or complain under this procedure is confined to one or more of the following aspect of the functioning of child protection conferences: The process of the conference. For example, information has been shared that is factually inaccurate; the outcome, in terms of the fact of and/or the category of primary concern at the time the child became subject to a child protection plan; The decision for the child to become, or not become, the subject of a child protection plan. For example the decision is flawed as the threshold for that decision has not been met. Complaints about the conduct of professionals during a child protection conference, individual agencies, their performance and provision (or nonprovision) of services are NOT covered by this procedure. In such circumstances, complainants should write directly to the agency concerned and should follow the relevant agency complaint’s handling process. For example, children’s social care services 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. Who can complain? Complaints in accordance with the criteria above may be made by: anyone holding parental responsibility; Version 1 – February 2013 Review Date – February 2014 37 a primary carer; a young person who is the subject of the decision and who has appropriate age and understanding (usually at least 12 years); A professional contributing in accordance with the below detailed process. Process Complaints should be made, in writing, within 28 days of the conference concerned to: Complaints Manager Staffordshire Place No. 2 Wedgwood Building Tipping Street Stafford ST16 2DH The complainant will be notified, in writing, within 48 hours of the complaint being received. Complaints about the conduct of an individual member of staff (including the Independent Chair) will be referred directly to the agency concerned for action under that agency’s own complaints procedure. Unless, in the case of the Independent Chair, the complaint relates to their management of the conference (as defined within these procedures) – in which case the complaint will directed to Staffordshire’s Business Manager for Safeguarding and Review. In all other cases, complaints will be referred promptly to the Independent Chair that had responsibility for the management of the conference in question. Within 10 working days, the Independent Chair should arrange to meet with the complainant(s) informally, and should: establish the basis of their complaint; ascertain what the complainant wishes to happen, as a consequence of their complaint, for example, they may ask for a written apology; address any misunderstandings arising from the conference and/or the factual record (conference minutes); determine whether the elements of the complaint are fully or partially upheld, and agree what action will be taken to resolve the concerns; Explain the reason for the decision whatever the determination. Version 1 – February 2013 Review Date – February 2014 38 advise the complainant that they will receive a written response to their complaint within 5 working days that should: confirm whether the complaint is upheld, partially upheld, or not upheld; detail the reasons for the decision, and confirm any action that has been agreed and provide timescales for when this action will be completed and by whom; Advise the complainant of what further action they can take, if they are dissatisfied with the outcome of the informal meeting. A copy of the letter from the Independent Chair should be retained in accordance with the children’s social care policy in relation to retention of records. SSCB are required to monitor the number of complaints that have been made following a child protection conference, and a copy of the letter should be sent, by the Independent Chair to: Staffordshire Safeguarding Children Board Manager, Staffordshire Safeguarding Children Board, Wedgwood Building, Tipping Street, Stafford, ST16 2DH In the event the complainant remains dissatisfied, the matter should be referred to the Independent Chairs’ Business Manager for Safeguarding and Review to be considered under stage one of Staffordshire Children’s Social Care Services Complaints Procedure. This may involve a further meeting with the complainant in addressing the concerns and in endeavouring to reach agreement. The process described above should be utilised for this meeting. Should the complainant remain dissatisfied, or in the event of a more serious complaint being made by the complainant, the matter will be referred to Staffordshire CSC’s Strategic Lead for Specialist Safeguarding Delivery. They will determine the most appropriate means for investigating the complaint in greater detail, which could include the recommendation to convene an SSCB Inter-agency Complaints Panel, to review the complaint. Where the formal Staffordshire Children’s Social Care Services Complaints Procedure has been initiated, it is imperative that timescales are maintained, and where this is not possible that the complainant is kept fully informed of the reason for any delay and the revised timescales for resolution of their complaint. Failure to maintain the timetable laid out in the procedures may result in the complainant making an additional complaint about the management of the process. At each stage of the process the complainant should receive a written response and be advised of what further action they can take should they remain dissatisfied. The welfare of the child remains paramount throughout the complaints process. Non-compliance with a child protection plan will cause the local authority to consider all available options, in consultation with the core group, in safeguarding the child’s welfare. Version 1 – February 2013 Review Date – February 2014 39 In the event that the decision of Staffordshire CSC’s Strategic Lead for Specialist Safeguarding Delivery is to convene an SSCB Inter-agency Complaints Panel the SSCB Manager should: immediately notify the Independent Chair of SSCB of the request for an SSCB Inter-agency Complaints Panel to be convened, including the grounds for the request; acknowledge, in writing, receipt of the complainants letter within 48 hours, providing details of the SSCB Complaints Panel process and timescales; identify a Complaints Investigator, who has had no direct line management responsibility for either the case or the conduct of the complaint process to: meet with the complainant and to listen to their complaint and ascertain what they wish to happen to resolve the matter; review all the documentation pertaining to the complaint, including the minutes of the child protection conference and all correspondence relating to the complaint; interview staff as appropriate; Prepare a factual report detailing the findings of the investigation. convene the SSCB Inter-agency Complaints Panel which should be comprised of at least three senior representatives from SSCB member agencies; in addition to the SSCB Manager; and SSCB Administrator (Minute Taker), to hear the complaint; Ensure that the Panel members receive, at least 5 working days, in advance of the Complaints Panel meeting: the factual record of the child protection conference; copies of correspondence relating to the complaint; the report of the complaints investigator; written representation (if available) from the complainant; Written representation from Staffordshire CSC’s Strategic Lead for Specialist Safeguarding Delivery on behalf of Staffordshire Children’s Social Care Services. ensure that letters of invitation to attend and make personal representation to the SSCB Inter-agency Complaints Panel are sent out, at least 5 working days, in advance of the meeting; providing details of the date and time of the panel meeting and venue to the: Version 1 – February 2013 Review Date – February 2014 40 Complainant Independent Chair Business Manager for Safeguarding and Review Staffordshire CSC’s Strategic Lead for Specialist Safeguarding Delivery The Complaints Investigator SSCB Inter-agency Complaints Panel Meeting In hearing the complaint the panel members will ensure that they: have read all the written materials in advance of the panel meeting; identify who will chair the panel (this should not be the SSCB Manager); take full account of any personal representations made; consider each aspect of the complaint individually, in order to make appropriate recommendations to the Staffordshire CSC’s Strategic Lead for Specialist Safeguarding Delivery and Independent Chair of SSCB in respect to whether the complaint is upheld, partially upheld, not upheld; including consideration of any remedial action that could be taken to address issues (where appropriate). The chair of the panel will ensure that the minutes of the SSCB Inter-agency Panel Meeting have been approved, signed, dated and circulated to all relevant parties and panel members within 5 working days of the panel meeting. Conclusion of the SSCB Complaints Process Staffordshire CSC’s Strategic Lead for Specialist Safeguarding Delivery will, in consultation with the Independent Chair of SSCB, take into account the recommendations of the SSCB Inter-agency Complaints Panel and decide whether: each aspect of the complaint is upheld, partially upheld or not upheld, and should record the basis of each decision; further child protection conference/reviews should be convened (bearing in mind that only a child protection conference can make a decision about a child being subject of a child protection plan); a learning review / serious case review should be commissioned, where the complaint raises questions about: Version 1 – February 2013 Review Date – February 2014 41 the way in which local professionals and organisations work individually and together to safeguard and promote the welfare of children; whether the criteria for conducting a serious case review have been met in accordance with Working Together 2010 ; Chapter 8 The Strategic Lead for Specialist Safeguarding Delivery should notify the complainant in writing of the outcome of the complaints process, and should advise the complainant there will be no further right of appeal to SSCB, in the event they are dissatisfied with the outcome. This letter should be delivered to the complainant by registered postal delivery, within 5 working days of receipt of the decision of the Strategic Lead for Specialist Safeguarding Delivery. A copy of the SSCB decision letter to the complainant will be provided to the relevant Staffordshire County Council Complaints Manager. The SSCB Manager will ensure that an evidence portfolio is maintained detailing the actions undertaken in response to the decision of the Independent Chair of SSCB, and will provide a summary report to the Complaints Manager, once all the actions have been concluded. The complaint will be closed at the point where all actions identified within the decision letter to the complainant have been concluded. Professional Representation A professional member of the inter-agency network for a particular child, i.e. all invitees and recipients of conference minutes, may register concern about the decisions reached in conference or how it was otherwise conducted. In these circumstances, the person concerned is able to make representation initially to the Independent Chair of the conference, who would discuss the concerns accordingly. Verbal contacts should be confirmed in writing. In the event of there being no immediate resolution to the concern, particularly where it is felt that the child is exposed to risk of significant harm, then further written representation should be made to the Independent Chair’s Business Manager for Safeguarding and Review. Enquiries will be conducted largely in accordance with the paragraph above. Where in the view of the Independent Chair’s Business Manager for Safeguarding and Review, the decision reached in conference may have placed the child at increased risk of significant harm, in exceptional circumstances, consideration may be given to convening either: An early child protection review; or A further conference. Version 1 – February 2013 Review Date – February 2014 42