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Contents

1. Decision to Look After Child
2. The Care Plan
3. Timescales for Completion
4. Approval of the Care Plan
5. Circulation of Care Plan
6. Other Required Plans, Documentation and Actions

1. Decision to Look After Child

1.1 The Decision

A child may not come into care without the express permission of a Designated Manager (Decision to Look After).

Any decision to look after a child made outside office hours will be communicated by fax or email to the relevant team by the beginning of the next working day.

1.2 Considerations Before a Decision to Look After is made

The decision to look after a child will only be made where those making the decision are satisfied that appropriate consultation has taken place. Appropriate consideration must have been given to the necessity, purpose and nature of the proposed placement. Where the circumstances constitute an emergency, opportunities for consultation may be limited.

Before a decision is made to look after a child, consideration must be given to making arrangements with other extended family members or friends who might be prepared to care for the child without the need for the child to come into care. In these circumstances, care must be taken where the local authority has been involved in the arrangements for the child to be cared for by relatives; the child may be viewed as within the definition of Looked After and a legal view may be helpful to clarify the status of the child and the placement. In these circumstances, if the child is regarded as looked after and placed with a relative or friend, the Placements with Family and Friends / Connected Persons (Regulation 24) Procedure.

Alternatively, the child may come within the definition of Privately Fostered after 27 days, in which case the Private Fostering Procedure will apply.

NB Any arrangements whereby the child is not regarded as Looked After would have to be agreed with the parent or a person with Parental Responsibility, and the social worker must be satisfied that such an arrangement is sufficiently secure to meet the child's needs and is supported by a Child in Need Plan.

If no such arrangement can be identified or such an arrangement would not meet the child's needs, the child's social worker, with his or her team manager, should consider:

• The child's immediate placement needs - including the child's views, the views of the parents, those with Parental Responsibility and any other person whose wishes and feelings the authority consider to be relevant - and whether a placement with a Connected Person may be possible;
• The timescales for the child's placement;
• A date for the child to return home or when the decision will be reviewed;
• The actions of support and work to be included in the Care Plan to enable the necessary change for the child to return home wherever possible;
• The obtaining of parental consent to look after the child and consent to medical care;
• The contact arrangements with birth parents, siblings, extended family and friends.

Where it is considered that Care Proceedings should be initiated to secure the child's placement, see also Care and Supervision Proceedings and the Public Law Outline Procedure.

NB Any decision that a child should be the subject of Care Proceedings should have regard to the requirements of the Public Law Outline, and in particular the Pre-Proceedings Checklist which is set out in Care and Supervision Proceedings and the Public Law Outline Procedure.

All decisions made should be recorded on the child's electronic record, including the reasons for reaching the decision.

1.3 Obtaining Parental Consent to Look After a Child

Section 20 agreements are not valid unless the parent giving consent has capacity to do so, the consent  is properly informed and fairly obtained. Willingness to consent cannot be inferred from silence, submission or  acquiescence - it is a positive action.

Detailed guidance on the obtaining of parental consent was given by the High Court in the case of  Re CA (A Baby) (2012): 

• The social worker must first be satisfied that the parent giving consent does not lack the mental Capacity to do so. Under the Mental Capacity Act 2005, a person is unable to make a decision if (s)he is unable:
  • To understand the information relevant to the decision;
  • To retain that information;
  • To use or weigh that information as part of the process of making the decision; or
  • To communicate his/her decision.
• If there is doubt about Capacity, no further attempts to obtain consent should be made at that time, and advice should be sought from a manager;
• If satisfied that the parent has Capacity, the social worker must be satisfied that the consent is fully informed:
  • Does the parent fully understand the consequences of giving such a consent?
  • Does the parent fully appreciate the range of choice available and the consequences of refusal as well as giving consent?
  • Is the parent in possession of all the facts and issues material to the giving of consent?
• If not satisfied that the consent if fully informed, no further attempt should be made to obtain consent on that occasion and advice should be sought from a manager and legal advice sought if thought necessary;
• If satisfied that the consent is fully informed, then it is necessary to be satisfied that the giving of such consent and the subsequent removal of the child from the parent is both fair and proportionate:
  • What is the current physical and psychological state of the parent?
  • If they have a solicitor, have they been encouraged to seek legal advice and/or advice from family or friends?
  • Is it necessary for the safety of the child for her to be removed at this time?
  • Would it be fairer in this case for this matter to be the subject of a court order rather than an agreement?

1.4 Actions Required after a Decision to Look After is Made

In relation to children where Care Proceedings are being considered to secure the child's placement, see also Care and Supervision Proceedings and the Public Law Outline Procedure.

In all cases, if it is agreed that the child should become Looked After, the child's social worker will attend the Care Planning Meeting held each week (Monday mornings) within three working days of the Legal Gateway Meeting. Fostering and Adoption representatives will also attend this meeting to support the Care Planning process for each individual child. The social worker will draw up a draft Care Plan (see Section 2, The Care Plan) with clear timescales and a statement as to whether the child's needs would best be met in a family placement or residential care.

If a foster or residential placement is required, the relevant procedure to be followed, including the need to hold a Placement Planning Meeting, will be found in the Placements in Foster Care Procedure or the Placements in Residential Care Procedure.

Where a decision is made to pursue a Looked After placement with a relative or friend (or the child's placement with a relative or friend is judged to be a Looked After placement), an immediate assessment of the relative/friend must be undertaken. See Placements with Family and Friends / Connected Persons (Regulation 24) Procedure.

For secure placements, see Placements in Secure Accommodation Procedure.

For placements outside the local authority area, see Out of Area Placements Procedure.

2. The Care Plan

In all circumstances where a decision is made to look after a child, the child must have a Care Plan completed by the social worker and signed by the relevant team manager, the contents of which include:

• The child's Placement Plan (setting out why the placement was chosen and how the placement will contribute to meeting the child's needs);
• The child's Permanence Plan (setting out the long term plans for the child's upbringing including timescales);
• The Pathway Plan (where appropriate, for young people leaving care);
• The child's Health Plan;
• The child's Personal Education Plan;
• The contingency plan;
• The date of the child's first Looked After Review (within 20 working days);
• The name of the Independent Reviewing Officer.

Where there is no recent Assessment in relation to the child, the Care Plan must provide for an Assessment to be completed.

The child's social worker is responsible for drawing up and updating the Care Plan in consultation with:

1. The child;
2. The child's parents and those with Parental Responsibility;
3. Anyone who is not a parent but has been caring for or looking after the child;
4. Other members of the child's family network who are significant to the child;
5. The child's school or the education service;
6. The relevant health trust;
7. The Youth Offending Service, if the child is known to them;
8. Any other agency involved with the child's care.

The social worker should ensure that the child, those with Parental Responsibility and the carer understand the Care Plan and their role in contributing to its implementation.

One of the key functions of the Care Plan is to ensure that each child has a Permanence Plan by the time of the second Looked After Review. The Care Plan is subject to scrutiny at each Looked After Review - see Looked After Reviews Procedure.

The Care Plan should include the arrangements made to meet the child's needs in relation to his or her:

• Emotional and behavioural development;
• The child's identity in relation to religious persuasion, racial origin and cultural and linguistic background;
• Family and social relationships; arrangements for contact with sibling(s) accommodated by the authority or another local authority; details of any Section 8 Order, in relation to a Looked After Child; details of any order in relation to contact with a child in care; arrangements for contact with parents/anyone with Parental Responsibility/ any other Connected Person; arrangements for the appointment of an Independent Visitor for a Looked After Child;
• Social presentation;
• Self-care skills.

3. Timescales for Completion

A Care Plan must be prepared prior to a child's first placement, or, if it is not practicable to do so, within 10 working days of the child's first placement.

4. Approval of the Care Plan

Any final Care Plan taken before the Court within Care Proceedings must be endorsed and signed by a Designated Manager (Care Plan).

All other Care Plans must be endorsed and signed by the social worker's team manager.

5. Circulation of Care Plan

The Care Plan must be circulated to the following people:

• The child;
• The parent(s);
• Providers/Carers - if no Care Plan has been drawn up prior to the child's placement, the social worker must ensure that the providers/carers understand the key objectives of the plan, and how the placement will help achieve these objectives;
• The Fostering Service, where the child is in foster care. N.B. The Care Plan should be filed in the confidential section of the foster carer's file and returned to the child's social worker when the placement ends;
• The child's Independent Reviewing Officer.

6. Other Required Plans, Documentation and Actions

6.1 Placement Plan (recorded on the Placement Information Record on ICS)

The child must have a Placement Plan at the time of the placement (this includes the parent's consent to the placement (if applicable) and the child's medical treatment).  It should be completed as far as possible before the child is placed or, if not reasonably practicable, within 5 working days of the start of the placement.

The information to be included in the Placement Plan will include:

1. How on a day-to-day basis the child will be cared for and the child's welfare will be safeguarded and promoted by the appropriate person;
2. Any arrangements for contact between the child and parents/anyone with Parental Responsibility/any other connected person, including, if appropriate, reasons why contact is not reasonably practicable or not consistent with the child's welfare; details of any Child Arrangements Order (under Section 8 or 34 of the Children Act 1989); the arrangements for notifying any changes in contact arrangements;
3. Arrangements for the child's health (physical, emotional and mental) and dental care, including the name and address of registered medical and dental practitioners; arrangements for giving/withholding consent to medical/dental examination/treatment;
4. Arrangements for the child's education and training, including the name and address of the child's school/other educational institution/provider and designated teacher; the Local Authority maintaining any Education, Health and Care Plans;
5. The arrangements for and frequency of visits by the child's social worker; and for advice, support and assistance between visits;
6. If an Independent Visitor is appointed, the arrangements for them to visit the child;
7. The circumstances in which the placement may be terminated;
8. The name and contact details of  the Independent Reviewing Officer, the Independent Visitor if one is appointed, the social worker who will be visiting the child, and the Personal Adviser for an  Eligible Young Person.

The Placement Plan will be recorded on the Placement Information Record on the child's electronic database.

Copies of the Placement Information Record must be provided to the child (if of sufficient age and understanding), the parents and must be handed to the residential staff/carers before the child is placed.  Where a child is placed in an in-house foster placement, one copy should also be sent to the Fostering Team - to be kept in the confidential section of the foster carer's file and returned at the end of the placement.

At the time of the placement, the residential staff/carers should also be given any additional information about details of the child's day to day needs which are not covered by the Placement Information Record but are important to ensure that the staff/carers are in the best possible position to help the child settle in the new placement, for example any particular fears at night-time or the child's favourite toys.

6.2 Chronology

Whenever a new placement is made or the child moves placement, the child's Chronology should be updated.

6.3 Arrangement of first Looked After Review

The child's social worker must notify the Independent Review Unit of the placement within two working days of the child becoming looked after, so that the necessary arrangements for the allocation of an Independent Reviewing Officer (IRO) (within 5 working days of the child becoming looked after wherever possible) and the child's first Looked After Review can be made. See the Looked After Reviews Procedure for the procedures relating to reviews, including the responsibility for invitations to reviews.

6.4 Health Care

Before or at the time of the placement, the social worker should request the parent to transfer the child's personal child health record. Where this is lost or not available, the social worker should ask for a replacement to be issued and ask the Designated Nurse for LAC to assist with providing any information to complete the record.

The social worker should also contact the Designated Nurse for LAC to arrange a Health Care Assessment before the placement or, if not reasonably practicable before the first Looked After Review (i.e. within 20 working days of the placement) so that the completion of a Health Care Plan is in time for the child's first Looked After Review. See Health Care Assessments and Plans Procedure.

In addition, the social worker should inform the carer of any medication the child is taking, and ensure that a supply of medication is provided in a clearly labelled bottle with the child's name, required dosage and the time the medication is to be given.

6.5 Personal Education Plan (PEP)

The social worker should also liaise with the Designated Teacher so that a Personal Education Plan (PEP) can be completed as part of the Care Plan before the child becomes looked after (or within 10 working days in the case of an emergency placement) and be available in time for the first Looked After Review. See Education of Looked After Children Procedure.

6.6 Provision of information

The child's social worker must ensure that the child is provided with written information about the placement.

The child and parents must also be provided with information about the complaints process and the availability of advocates.

6.7 Changes in Legal Status

Any changes in a child's legal status as a result of court proceedings must be recorded on the child's electronic record.

End