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Contents

1. Duty to Refer  
2. Urgent Medical Treatment   
3. Ensuring Immediate Safety  
4. Confidentiality
5. Talking to the Child  
6. Parental Consultation
7. Making a Referral
8. How Referrals will be Received
9. Where there is or may be a Crime Committed 
10. The Outcome of a Referral    
11. Emergency Protective Action
12. Cross Boundary Referrals
13. Pre-Birth Referrals
14. Recording

1. Duty to Refer

Staff in any agency must make a referral to the Department of Services to Children and Young People if it is believed or suspected that:

• A child is suffering or is likely to suffer Significant Harm, or
• With the agreement of the person with Parental Responsibility, a child would be likely to benefit from family support services

Any such referral must be made as soon as possible when any concern of Significant Harm becomes known - the greater the level of perceived risk, the more urgent the action should be.

The suspicion or allegation may be based on information, which comes from different sources. It may arise in the context of the Common Assessment Framework. It may come from a member of the public, the child concerned, another child, a family member or professional staff. It may relate to a single incident or an accumulation of minor concerns.

The information may also relate to harm caused by another child, in which case both children, i.e. the suspected perpetrator and victim, must be referred.

The suspicion or allegation may relate to a parent or professional or volunteer caring for or working with the child.

A referral must be made even if it is known that the Department of Social Services to Children and Young People is already involved with the child/family.

Advice may be sought about the appropriateness of the referral from the Safeguarding and Reviewing Unit. The Assistant (Child Protection) Co-ordinator on duty can access information from the The List of Children Subject to a Child Protection Plan and other information systems which may provide confidential or historical information that will assist in deciding upon the appropriateness of the referral.

Where consultation is sought with the Safeguarding and Reviewing Unit and it is concluded that a referral is required, the duty Child Protection Assistant Co-ordinator will attempt to transfer the referrer to the Children’s Initial Contact Point if the case is not already allocated. If the case is already allocated, the referrer will be transferred to the relevant Department of Social Services to Children and Young People office. If it is not possible to transfer the call, it is the referrers responsibility to ensure that the referral is made, following the advice given by the Safeguarding and Reviewing Unit.

When in doubt, concerns must be shared.

2. Urgent Medical Treatment

If the child is suffering from a serious injury, medical attention must be sought immediately by calling an ambulance or taking the child to the Accident and Emergency Department of the local hospital. The duty consultant paediatrician for Child Protection must be informed of the nature of the concerns and a referral made in accordance with this procedure as soon as practicably possible.

3. Ensuring Immediate Safety

The safety of children is paramount in all decisions relating to their welfare. Any action taken by staff from a Bradford Safeguarding Children Board member agency should ensure that no child is left in immediate danger.

When considering whether immediate action is required to protect a child, any agency should also consider whether action is required to safeguard and protect the welfare of any other children in the same household or the household of an alleged perpetrator or elsewhere.

The law empowers anyone who has actual care of a child to do all that is reasonable in the circumstances to safeguard her/his welfare.

A teacher, foster carer, childminder or any professional should, for example, take all reasonable steps to offer a child immediate protection from an aggressive parent.

Where abuse is alleged, suspected or confirmed in children admitted to hospital, they must not be discharged until a referral has been made to Department of Social Services to Children and Young People in accordance with this procedure and a decision made as to the need for immediate protective action.

4. Confidentiality

The safety and welfare of the child overrides all other considerations, including the following:

• Confidentiality
• The gathering of evidence
• Commitment or loyalty to relatives, friends or colleagues

In deciding whether there is a need to share information, professionals need to consider their legal obligations, including whether the have a legal duty of confidentiality towards the child. Where there is such a duty, the professional may lawfully share information if the child consents or if there is a public interest to do so, for example the public interest in protecting the child from harm. This must be judged by the professional on the facts of each case. Where there is clear risk of significant harm to a child, or serious harm to adults, the public interest test will almost certainly be satisfied. However, there will be other cases where it is not so clear. In these cases, professionals will be justified in sharing some confidential information as part of their consultation with others, to enable them to make a decision about whether to make a referral and share fuller information. In these circumstances, the information shared should be proportionate. Such consultations should be carried out with the duty Assistant Child Protection Co-ordinator in the Safeguarding and Reviewing Unit.

The overriding consideration must be the best interests of the child - for this reason, absolute confidentiality cannot and should not be promised to anyone.

For guidance in relation to making a referral relating to under-age sexual activity, see Allegations of Harm Involving Under-age Sexual Activity Procedure.

If suspicions or allegations are about the referrers relatives, friends or colleagues, professional or otherwise, the concerns must not be discussed with them before making the referral.

Individual members of the public who make a referral may prefer not to give their name or alternatively they may disclose their identity, but not wish for it to be revealed to the parents/carers of the child concerned.

Wherever possible, staff receiving referrals should respect the referrers request for anonymity. However, referrers should not be given any guarantees of confidentiality, as there are certain limited circumstances in which the identity of a referrer may have to be given e.g. the court arena.

5. Talking to the Child

If the child makes an allegation or discloses information which raises concern about Significant Harm, the initial response should be limited to listening carefully to what the child says so as to:

• Clarify the concerns
• Offer reassurance about how s/he will be kept safe and
• Explain that the information will be passed to Department of Social Services to Children and Young People and/or the Police

If a child is freely recalling events, the response should be to listen, rather than stop the child; however, it is important that the child should not be asked to repeat the information to a colleague or asked to write the information down.

If the child has an injury but no explanation is volunteered, it is acceptable to enquire how the injury was sustained.

However, the child must not be pressed for information, led or cross-examined or given false assurances of absolute confidentiality.  Such well-intentioned actions could prejudice police investigations, especially in cases of Sexual Abuse.

A record of all conversations, (including the timings, the setting, those present, as well as what was said by all parties) and actions must be kept.

No enquiries or investigations may be initiated without the authority of Department of Social Services to Children and Young People or the Police.

If the child can understand the significance and consequences of making a referral, he/she should be asked her/his view by the referring professional.

Whilst the child’s view should be considered, it remains the responsibility of the professional to take whatever action is required to ensure the safety of that child and any other children.

6. Parental Consultation

Professionals should seek, in general, to discuss concerns with the family and, where possible seek the families agreement to making a referral unless this may, either by delay or the behavioural response it prompts or for any other reason, place the child at increased risk of Significant Harm.

A decision by any professional not to seek parental permission before making a referral to Department of Social Services to Children and Young People must be recorded and the reasons given.

Where a parent has agreed to a referral, this must be recorded.

Where the parent is consulted and refuses to give permission for the referral, further advice should be sought from a manager or the designated nurse, doctor or teacher, unless to do so would cause undue delay. Advice can also be sought from the Safeguarding and Reviewing Unit. The outcome of the consultation and any further advice should be fully recorded.

If, having taken full account of the parents wishes, it is still considered that there is a need for a referral:

• The reason for proceeding without parental agreement must be recorded
• Department of Social Services to Children and Young People should be told that the parent has withheld her/his permission
• The parent should be contacted by the referring professional to inform her/him that after considering their wishes, a referral has been made

7. Making a Referral

Referrals must be made in one of the following ways:

• In writing, using the addressed to the relevant Department of Social Services to Children and Young People office. 'The CAF Form is not a referral form although it may be used to support a referral or a specialist assessment' (2.17 of Working Together to Safeguard Children 2010)
• In person or by telephone contact, to the relevant Department of Social Services to Children and Young People office
• In an emergency outside office hours, by contacting the Out of Hours Emergency Duty Team or the Police

All professional referrals must confirm verbal and telephone referrals in writing, within 48 hours of being made, unless the referrer is a Police officer who is to be involved in the investigation. 

Referrals should be made to the Children’s Initial Contact Point.

If the child is known to have an allocated social worker, referrals should be made directly to the allocated worker or, in her/his absence, the manager or a duty officer in that team.

If it is not possible to contact the Children’s Initial Contact Point, the concern must be reported to the Police Child and Public Protection Unit or if not available to the Duty Inspector at the nearest police station. If the Police receive a referral prior to the Department of Social Services to Children and Young People, they will consult with the Department of Social Services to Children and Young People prior to taking any action.

Professionals in most agencies should have internal procedures, which identify designated managers or staff, who are able to offer advice on child protection matters and decide upon the necessity for a referral. Consultation may also be required directly with the Safeguarding and Reviewing Unit or the allocated social worker in Department of Social Services to Children and Young People.

Arrangements within an agency may be that a designated person makes the referral. However, if the designated person is not available, the referral must still be made without delay to Education and Children’s Services.

A formal referral or any urgent medical treatment must not be delayed by the unavailability of designated staff.

The person making the referral should provide the following information if available (but absence of information must not delay a referral):

• Full name, date of birth and gender of child/children
• Full family address and any known previous addresses
• Identity of those with parental responsibility
• Names, date of birth and information about all household members, including any other children in the family, and significant people who live outside the child’s household
• Ethnicity, first language and religion of children and parents/carers
• Any need for an interpreter, signer or other communication aid
• Any special needs of the child/ren
• Any significant/important recent or historical events/incidents in the child or families life
• Cause for concern including details of any allegations, their sources, timing and location
• The identity and current whereabouts of the suspected/alleged perpetrator
• The child’s current location and emotional and physical condition
• Whether the child is currently safe or is in need of immediate protection because of any approaching deadlines (e.g. child about to be collected by alleged abuser)
• The child’s account and the parents’ response to the concerns if known
• The referrers relationship and knowledge of the child and parents/carers
• Known current or previous involvement of other agencies/professionals
• Information regarding parental knowledge of, and agreement to, the referral

8. How Referrals will be Received

Department of Social Services to Children and Young People will ensure that a duty worker is available to receive child protection referrals; outside normal working hours, Emergency Duty team will receive referrals.

All referrals will initially be regarded as children in potential need.

Department of Social Services to Children and Young People will deal with the referral in accordance with Common Assessment Framework and the Framework for the Assessment of Children in Need and their Families and determine whether a referral should be responded to on the basis that the child is in need of support under section 17 of the Children Act 1989 or in need of protection under section 47 of the Children Act 1989. 

Referrers should have an opportunity to discuss their concerns with a qualified social worker.

The worker receiving a referral will establish:

• The nature of the concern
• How and why it has arisen
• What the child’s and families needs appear to be
• Whether the concern involves Significant Harm
• Whether there is any need for any urgent action to protect the child, any other child in the same household or any child in contact with an alleged perpetrator

To do so, the worker receiving the referral will usually discuss the case with the referrer and in doing so, will:

• Give their name and designation
• Help the referrer to give as much relevant information as possible and repeat back to the referrer the key points using the order indicated above (Section 7, Making a Referral)
• Clarify information that the referrer is reporting directly and information that has been obtained from a third party
• Discuss whether there are concerns about maltreatment and if so, what is their foundation
• Clarify who has and who has not been told about the referral 
• Clarify the whereabouts of the child
• Discuss whether it may be necessary to consider taking urgent action to ensure the safety of the child or any other child in the same household or who is in contact with an alleged perpetrator
• Agree how to re-contact the referrer if further clarification is required
• Clarify the extent to which the referrers anonymity can be maintained (if this is an issue in the case of a non-professional referrer)
• Clarify expectations about how and when feedback is to be given

Referrers should be asked specifically if they hold any information about difficulties being experienced by the family/household due to domestic abuse, mental illness, substance misuse, and/or learning difficulties.

At the end of any discussion or dialogue about a child, the referrer (whether a professional or a member of the public or family) and Department of Social Services to Children and Young People should be clear about any proposed action, timescales and who will be taking it, or if no further action will be taken. The outcome should be recorded by Department of Social Services to Children and Young People and by the referrer (if a professional in another service).

The worker receiving the referral must consider whether there are other children in the same household, the household of an alleged perpetrator or elsewhere, who should be considered as part of the referral.

The worker receiving the referral will also:

• Check whether the child’s or children’s names are on the The List of Children Subject to a Child Protection Plan and whether there has been any previous involvement with Department of Social Services to Children and Young People in relation to the child or children concerned and any other members of the household
• Identify other agencies or persons who may hold relevant information
• Consult other agencies as appropriate (including the Police if any offence has been or is suspected to have been committed – see Section 9, Where there is or may be a Crime Committed)

Parents should be informed of the referral and their permission sought to share information with other agencies unless to do so would:

• Be prejudicial to the child’s welfare
• Cause concern about the behaviour of the adult concerned with the child
• Cause concern that the child would be at risk of further Significant Harm

In these circumstances, a manager from Department of Social Services to Children and Young People may decide to consult other relevant agencies without seeking parental consent. Any such decision must be recorded with reasons.

9. Where there is or may be a Crime Committed

If the referral relates to a situation in which a crime has or may have been committed, including sexual or physical assault or physical injury caused by neglect, the worker receiving the referral must discuss the referral with the Police at the earliest opportunity. The Police, in consultation with Department of Social Services to Children and Young People and any other agencies involved with the child, must consider whether there should be a criminal investigation or Department of Social Services to Children and Young People led intervention. 

Whilst the responsibility to instigate criminal proceedings rests with the Police, they should consider the view expressed by other agencies. In the case of less serious cases, it may be agreed that the best interests of the child would be served by a Department of Social Services to Children and Young People led intervention rather than a full police investigation.

This may need to be further discussed and a decision made at a Strategy Discussion.

For guidance in relation to allegations of harm arising from under-age sexual activity, see Allegations of Harm Involving Under-age Sexual Activity Procedure.

10. The Outcome of a Referral

Department of Social Services to Children and Young People will decide upon and record their next steps of action within one working day of receiving a referral. 

The decision about future action will take account of the discussion with the referrer, consideration of information held in existing records and discussion with any other professionals or services as necessary (including the Police where a crime against a child may have been committed- see Section 9, Where there is or may be a Crime Committed).

The outcome of the referral will be:

• That the child appears to be a Child in Need and there are concerns about the child’s health and development or any actual or potential harm which justify an Initial Assessment (which may be very brief if the criteria for initiating a Section 47 Enquiry are met) and/or
• That emergency protective action should be taken to safeguard the child or children (this will usually be determined by an immediate Strategy Discussion) or
• Where the child is already known and new information suggests that the child is or may be suffering harm, that a Section 47 Enquiry and/or a new or updated Core Assessment is required or
• That a referral to another agency and/or the provision of advice and information or
• That no further action is required

Where the significant harm has been caused by a person who was not previously known to the child or by another child, the decision whether to take further action under these procedures will depend on the following:

• Is the alleged perpetrator likely to pose a risk of significant harm to this or any other children?
• Did the parent or carer by omission or commission contribute to the abuse?

The duty officer should acknowledge a written referral within one working day of receiving it.  If the referrer has not received an acknowledgement within 3 working days, he/she should contact Department of Social Services to Children and Young People again.

Feedback on the outcome of a referral should be provided to the referrer, including where no further action is to be taken. 

In the case of a referral by a member of the public, feedback should be provided in a way which will respect the confidentiality of the child.

11. Emergency Protective Action

Where there is a risk to the life of a child or the possibility of immediate harm, the Police officer or social worker must act with urgency to secure the safety of the child.

Immediate protection may be achieved by:

• An alleged abuser agreeing to leave the home
• The removal of the alleged abuser
• A voluntary agreement for the child to move to a safer place
• Application for an Emergency Protection Order
• Removal of the child to Police Protection
• Gaining entry to the household under Police powers

The agency taking protective action must always consider whether action is also required to safeguard other children in the same household or in the household of/in contact with an alleged perpetrator or elsewhere.

Department of Social Services to Children and Young People should only seek the assistance of the police to use their powers of Police Protection in exceptional circumstances where there is insufficient time to seek an Emergency Protection Order or other reasons relating to the child’s immediate safety.

Planned immediate protection will normally take place following a Strategy Discussion.

12. Cross Boundary Referrals

If the referral relates to a child whose home is in Bradford, but who is temporarily visiting the area of another local authority or in a hospital in the area of another authority, the local authority/Police for the area where the child actually is at the time have prime responsibility for acting upon the referral. 

The referral should be passed to that authority immediately for them to follow the necessary procedures and to undertake a Section 47 Enquiry and/or take any immediate protective action that is necessary. They will be responsible for liaising with Department of Social Services to Children and Young People as necessary.

Similarly, it is the responsibility of Bradford Department of Social Services to Children and Young People/Police to make initial enquiries where a referral relates to a child temporarily in Bradford but normally resident elsewhere.

Before undertaking such enquiries, the child’s home authority must be consulted and agreement sought on who is best placed to undertake the enquiries. Where this is consistent with the child’s immediate protection needs, it may be agreed that the child’s home authority will respond to the referral.

For those children from other local authority areas, whose names are on that areas The List of Children Subject to a Child Protection Plan, there must be consultation with the responsible Lead Social Worker.

13. Pre Birth Referrals

13.1 Making a Referral

Where agencies or individuals anticipate that prospective parents may need support services to care for their baby or that the baby may be at risk of significant harm, a referral to the Department of Social Services to Children and Young People must be made as soon as the concerns are recognised.

Where the concerns centre around a category of parenting behaviour, for example substance misuse, the referrer must make clear how this is likely to impact on the baby and what risks are predicted.

Delay must be avoided when making referrals in order to:

• Provide sufficient time to make adequate plans for the babies protection
• Provide sufficient time for a full and informed assessment
• Avoid initial approaches to parents in the last stages of pregnancy, at what is already an emotionally charged time
• Enable parents to have more time to contribute their own ideas and solutions to concerns and increase the likelihood of a positive outcome to assessments
• Enable the early provision of support services so as to facilitate optimum home circumstances prior to the birth

Concerns should be shared with prospective parent/s and consent obtained to refer to the Department of Social Services to Children and Young People unless this action in itself may place the welfare of the unborn child at risk e.g. if there are concerns that the parent/s may move to avoid contact with social workers or other professionals.

13.2 The Outcome of Referrals

A pre-birth Initial Assessment should be undertaken if the initial assessment indicates that the unborn child may be at risk, or subsequently is felt to be at risk, then Department of Social Services to Children and Young People should give consideration to convening a strategy meeting to plan further action. Examples of situations where this might be necessary are:-

• There has been a previous unexplained death of a child whilst in the care of either parent
• A parent or other adult in the household has a Risk to Children offender
• A sibling in the household of a child who is the subject of a Child Protection Plan
• A sibling has previously been removed from the household by court order or Accommodated as a result of concerns regarding significant harm
• The mother is under the age of sixteen and there are concerns about her or the expected child.
• Domestic violence is known to have occurred
• The degree of parental substance misuse is likely to significantly impact on the babies safety or development
• The degree of parental mental illness/impairment is likely to significantly impact on the babies safety or development
• There are concerns about the  prospective parents’ ability to care for themselves and/or to care for the child, for example where the mother has no support or learning disabilities
• Any other concern exists that the baby may be at risk of significant harm, including a parent previously suspected of Fabricated or Induced Illnesses in a child or a prospective parent who has been the subject of fabricated or inducing illness as a child themselves.

14. Recording

Possible outcomes of assessment of pre-birth referrals are:-

• Where a lower level of concern is indicated, it may be sufficient to signpost or refer the parent(s) to appropriate community based services, such as Sure Start Plus, or Family Centre
• Where ongoing services are required and a number of agencies are involved but the concerns do not meet the threshold for convening a Child Protection Case Conference, active consideration should be given to convening an inter-agency child in need support meeting
• Where a higher level of concern is indicated, a prompt strategy meeting may be required to plan immediate further action
• A Child Protection Case Conference should be considered in consultation with the Safeguarding and Reviewing Unit in all pre-birth referrals where a higher level of concern is indicated

The referrer should keep a written record of:

• Discussions with the child
• Discussions with the parent
• Discussions with managers
• Information provided to the duty social worker
• Decisions taken (clearly timed, dated and signed)

The referrer should confirm verbal and telephone referrals in writing, within 48 hours, using the Inter Agency Referral Form.

The duty social worker receiving the referral should keep a written record of:

• Discussions with the referrer
• Discussions with any other professionals or agencies involved (including the Police where a crime against a child may have been committed)
• Any other relevant information which was taken into account
• Discussions with managers
• Decisions taken (clearly timed, dated and signed)

End