5.2.5 Appointment and Role of Independent Reviewing Officers

RELATED CHAPTER

RELATED GUIDANCE

Appointment of the Independent Reviewing Officer (IRO)
Extended Role of the IRO
Referral to CAFCASS
Key Changes to the IRO Function from 1 April 2011
Role of the IRO in Relation to Children Subject to Care Proceedings
Duty of Social Worker to keep IRO Informed
Independent Reviewing Officers Concern Resolution Process
Dispute Resolution, Guidance and Procedure

Appendix 1 - Dispute Resolution Flowchart

1. Appointment of the Independent Reviewing Officer (IRO)

If a Local Authority is looking after a child, it must appoint an Independent Reviewing Officer (IRO) for that child's case. The name of the IRO and his/her contact details must be recorded on the child's case record.

The IRO must be appointed to the child's case and meet the child before the first Looked After Review and, as a matter of good practice, should be appointed within the first five working days.

Sibling groups, whether or not placed together, should have the same IRO, except where conflict of interest between siblings makes this inappropriate or the size of the sibling group makes this unmanageable.

The child should be given notification of his/her IRO, along with details about how to make contact with him/her. This could be by email or text. If the child is only informed verbally, then the date that (s)he was given this information must be placed on the case record.

The IRO should be allocated for the duration that the child is Looked After and should continue as the IRO if a child returns to care of the same local authority at a later date, if reasonably practicable.

Where a mother and/or father and their child are Looked After, the child should have a different IRO.

If the IRO leaves the employment of the local authority, or for any other reason stops being the IRO for a particular child, (s)he should introduce the new IRO to the child in person.

2. Extended Role of the IRO

There are now two clear and separate aspects to the function of the IRO: chairing a child's review - see Looked After Reviews Procedure, and monitoring a child's case on an ongoing basis including whether any safeguarding issues arise.

As part of the monitoring function, the IRO also has a duty to identify any areas of poor practice, including general concerns around service delivery (not just around individual children).

The IRO should immediately alert senior managers if any such areas are identified.

The responsibilities of the IRO now include:

A responsibility to consult the child about his/her Care Plan at each review and at any time that there is a significant change to the Care Plan;
Ensuring that care plans for Looked After Children are based on a detailed and informed assessment, up to date, effective and provide a real response to each child's needs;
Identifying any gaps in the assessment process or delivery of service;
Offering a safeguard to prevent any 'drift' in care planning and the delivery of services;
Monitoring the activity of the Local Authority: that Care Plans have given proper consideration and weight to the child's current views, wishes and feelings and that he/she fully understands the implications of any changes to their Care Plan; and
Ensuring that, having regard to age and understanding, the child has been informed of the steps he/she may take under the Children Act 1989 and in particular, where appropriate, of:
- The right to apply, with leave, for a Section 8 Order/discharge of a Care Order - if the child wishes to take legal proceedings under the Children Act 1989, the IRO must establish whether an appropriate adult is able and willing to assist the child to obtain legal advice or bring proceedings on his/her behalf, and, if there is no such person, assist the child to obtain such advice;
- The right to access representations/complaints procedures.
Making sure that the child understands how an advocate could help and his or her entitlement to one.

3. Referral to CAFCASS

IROs have previously had the authority to refer the case of any looked after child to CAFCASS if they are of the view that the child's human rights have been breached and all attempts to resolve the matter have been exhausted. The scope for such referrals is now extended.

The IRO now has the authority to refer a case to CAFCASS if he/she 'considers it appropriate to do so'

The IRO must consider whether it is appropriate to refer a case to CAFCASS if:

In his/her opinion, the Local Authority has failed in any significant respect to prepare the child's Care Plan; review the child's case or effectively implement any decision in consequence of a review; or are otherwise in breach of their duties to the child in any material respect; and
Having drawn this to the attention of persons of appropriate seniority in the Local Authority, the issues have not been addressed to IRO's satisfaction within a reasonable period of time.

4. Key Changes to the IRO Function from 1 April 2011

Statutory provision	Key change	Rationale
Section 25A(1) 1989 Act	When a child first becomes looked after, a named individual must be appointed by the local authority as the IRO for the child.	The intention is that each looked after child should have a named IRO to provide continuity in the oversight of the case and to enable the IRO to develop a consistent relationship with the child.
Section 25B(1)(a) 1989 Act	IRO to monitor the local authority's performance of its functions in relation to the child's case.	This duty extends the IRO's monitoring role, which was previously confined to the Local Authority's functions in respect of the review. The intention is to give the IRO a more effective independent oversight of the child's case and ensure that the child's interests are protected.
Section 25B(1)(c) 1989 Act	IRO to ensure that the local authority give due consideration to any views expressed by the child.	This requirement is intended to reinforce the local authority's duty under section 22(4) and (5) of the 1989 Act to ascertain and give due consideration to the wishes and feelings of the child when making any decision with respect to the child.
Regulation 36(2) of the Regulations	IROs have the authority to adjourn review meetings if they feel that the process would be unproductive	This new flexibility is meant to prevent the meeting becoming a 'tick box', exercise. So, for example the IRO might use this flexibility because there is a lack of key documentation or because the child has not been consulted about the purpose of the review.
Regulation 36(1)(b) of the Regulations	IROs must speak in private with each child prior to each review so that the IRO personally establishes the child's wishes and feelings about the issues to be covered at the care planning meeting	This requirement is intended to ensure that the child is properly consulted on matters relating to his/her care and is given the time to contribute to the content of the meeting.
Section 25B (3) 1989 Act	Referral by an IRO of a case to CAFCASS should no longer be seen a last resort, but can be considered at any time.	The intention of this change is to reinforce the authority of the IRO to challenge poor practice around the child's case.

5. Role of the IRO in Relation to Children Subject to Care Proceedings

The IRO will need to consider together with the Children's Guardian what communication is necessary in order to promote the best possible care planning process for each child.

As soon as the IRO has been appointed to a child subject to proceedings:

The IRO should provide the local authority legal adviser with the name of the IRO and with his/her contact details; and
The Children's Guardian should be advised of each review meeting and invited, where appropriate;
The local authority legal adviser and the Children's Guardian should receive a copy of each review record.

The IRO should ensure that (s)he is in discussion with the Children's Guardian at intervals, as is appropriate for each child's case and that the topics of discussion include:

The wishes and feelings of the child;
The current Care Plan;
Whether details of the Care Plan are subject to a formal dispute resolution process and if so details of this;
Any complaints that have been received about the case; and
Any issues raised in court in relation to the implementation of the current Care Plan.

6. Duty of Social Worker to keep IRO Informed

The Social Worker must inform the IRO of significant changes/events in the child's life including:

Any proposed change of Care Plan, for example arising at short notice in the course of the proceedings following directions from the court;
Where agreed decisions from the review are not carried out within the specified timescale;
Major changes to the contact arrangements;
Changes of allocated social worker;
Any safeguarding concerns involving the child which may lead to enquiries being made under Section 7 of the 1989 Act ('child protection enquiries') and outcomes of child protection conferences or other meetings that are not attended by the IRO;
Complaints from or on behalf of the child, parent or carer;
Unexpected changes in the child's placement provision which may significantly impact on placement stability or safeguarding arrangements;
Significant changes in birth family circumstances for example births, marriages or deaths which may have a particular impact on the child;
If the child is charged with any offence leading to referral to youth offending services, pending criminal proceedings and any convictions or sentences as a result of such proceedings;
If the child is excluded from school;
If the child has run away or is missing from an approved placement;
Significant health, medical events, diagnoses, illnesses, hospitalisations or serious accidents; and
Panel decisions in relation to permanency.

7. Independent Reviewing Officers Concern Resolution Process

The IRO role includes raising awareness with Children’s Social Care Managers if they identify concerns about the quality/timeliness of practice, case management decision making and care planning for children. The aim of the IRO will always be to achieve a resolution that is in the best interests of the child within an appropriate timescale.

The arenas for raising awareness and making recommendations are through, the Child Protection Conference process, and the Looked After children reviewing process, covering the following areas.

Thresholds for intervention;
Compliance with statutory duty to investigate (Children Act 1989) and timeliness of interventions;
Compliance with RBSCB Safeguarding and Children’s Social Care Procedures;
Child focused risk assessments;
Analysis and decision making;
Quality and Implementation of Child Protection Plans;
Quality and Implementation of LAC Care Plans;
Quality and timeliness of documentation received at the Safeguarding Children Unit.

There are some instances where an urgent resolution is required, such as concerns about a child’s safety. There are other instances where more time can be afforded to achieve best outcomes such as care planning for children who are Looked After.

All Cases

Agreed actions must be given timescales by the IRO;
Agreed action must be outcome focused and child centred;
Agreed action must be recorded on the appropriate file or supervision record. (i.e. Child’s, Social Worker’s, Managers, IRO's).

Step 1 - The IRO informs the social worker of their concern and their intention to speak with the team manager within one and seven working days. (timescale depending on the identified level of risk)

Step 2 - The IRO contacts the team manager within one and seven working days to discuss.

Resolution - Actions agreed with timescales recorded on the appropriate file /supervision record

No Resolution - The IRO and Team Manager inform their Service Managers of the outcome within one working day.

Step 3 - The IRO makes contact with the Service manager within one and seven working days (timescale depending on the identified level of risk)

Resolution - Actions agreed with timescales recorded on the appropriate file/supervision record.

No Resolution - Service Manager informs Head of Service of the outcome within one working day.

Step 4 - IRO contacts Head of Service to arrange urgent discussion within one and seven working days. (Timescale depending on the identified level of risk

Resolution - Actions agreed with timescales recorded on the appropriate file/supervision record

No Resolution - Head OfS reports the outcome to the Executive Director CSF

IRO informs the HOS within seven days of any representations they intend to make to either CAFCASS or RBSCB Case Management sub group.

8. Dispute Resolution, Guidance and Procedure

8.1.Guidance

8.1.1 Principles

The IRO Handbook 2010 Chapter 8. places certain duties on the IRO service in relation to resolving disputes in respect of care planning and recommendations for Looked After Children. Namely:

It is the key function of the IRO to resolve problems arising out of the care planning process;
It is the task of each local authority to put in place a formal process for the IRO to raise concerns and to ensure that this process is respected and prioritised by managers;
There is a requirement to develop both an informal and formal part of the dispute resolution process. At every stage the issues related to dispute must be recorded on the child’s file;

The formal dispute resolution process with each local authority should have timescales of no more than 20 days;
The IRO has the power to refer the matter to CAFCASS at any point in the dispute resolution process and may make a concurrent referral to CAFCASS at the same time as instigating the dispute resolution process;
There will be times when the IRO may be advised that the obstacles in the way of resolving the issue are outside or beyond control of the local authority, for example in relation to staffing, interagency resources. However if these are impacting on the needs of the child as identified in the child’s Care Plan, the IRO should continue to escalate issues;
Managers of the IRO service and service managers in the local authority responsible for corporate parenting will need to ensure that IRO’s have sufficient time and support in order to carry out this function and work effectively;
The IRO should ensure that all action (s)he takes in an attempt to resolve a dispute are recorded on the child’s case record;
Each local authority should have a system in place that provides its IRO’s with access to independent legal advice.

8.2.Procedure

8.2.1 Informal

The informal stage of dispute resolution is managed between the IRO and Team Manager, it is hoped that most disagreements will be resolved at this stage. Where there is dispute the following steps should be taken

IRO does not agree Care Plan or is in dispute in relation to any tasks within Care Plan;
IRO informs social worker that they will raise concerns with Team Manager;
IRO raises with Team Manager within 2 days and notes that (s)he is addressing the issue through the informal dispute process;
Team Manager responds to IRO concerns within 5 working days;
If IRO agrees with the response informal dispute ends;
IRO records process and decision on child file;
If IRO does not agree response. IRO to notify the Team Manager that this will be taken into formal dispute resolution.

8.2.2 Formal

IRO informs the IRO Team Manager and arranges a three way meeting with relevant service manager and IRO team manager to discuss the dispute, within 5 working days;
If meeting agrees a way forward formal dispute ends;
IRO records process and decision making on the child’s file;
If dispute cannot be resolved IRO escalates concerns to the Service Manager for Safeguarding;
Within 1 day the Service Manager for Safeguarding and IRO will hold discussions/meet with the relevant Service Manager for the case to resolve the dispute;
If dispute cannot be resolved the Service Manager for Safeguarding and IRO will escalate the concerns within 1 day to the Service Director, Targeted Services to seek resolution;
If resolution is not agreed the Service Manager for Safeguarding will refer the case to the Director of Children’s Services who will need to review the case and the dispute process and make a decision within 3 working days;
At every stage the process will be recorded by the IRO on the child’s case file.

At any point in informal or formal dispute the IRO can seek advice from CAFCASS. The IRO can request to seek legal advice at any stage.

IRO access to legal advice can only be sought by agreement with the Service Manager for Safeguarding.

Appendix 1 - Dispute Resolution Flowchart

Dispute Resolution Flowchart

At any point the IRO can refer to CAFCASS

At any point the IRO can speak with the Service Manager for Safeguarding to discuss accessing legal advice

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