Amendments
November 2023
| Updated Chapters | |
| Chapter Name | Details |
| Capacity and Consent | Amendments have been made to reflect case-law in relation to assessing legal capacity. |
| Children and Young People Aged 0-25 with Special Educational Needs and Disabilities | This chapter has been updated. Information in relation to legal aid for foster carers and prospective adoptive parents in First Tier Tribunal appeals has been added into Section 15, Resolving Disagreements. |
| Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery | This chapter has been updated. Information in relation to the National Age Assessment Board has been added into Section 4, Assessment. |
| Care and Supervision Proceedings and the Public Law Outline | Information has been added into Section 4, Care Orders and Supervisions Orders on a Care Plan of the Child Remaining at Home in relation to Supervision Orders in line with Public Law Working Group (PLWG) Recommendations to Achieve Best Practice in the Child Protection and Family Justice Systems: Supervision Orders. |
| Decision to Look After | Section 3, Section 20 Accommodation has been updated in line with case-law. |
| Early Permanence: Fostering for Adoption, Concurrent Planning and Temporary Approval as Foster Carers of Approved Prospective Adopters | This chapter has been refreshed and a link added to National Early Permanence Practice Standards (Coram Centre for Early Permanence). |
| Placements in Other Arrangements | This chapter has been updated throughout. |
| Remands to Local Authority Accommodation or to Youth Detention Accommodation | This chapter has been amended to include information from Annex to MOJ Circular 2022/03: Additional Information on Remand to Local Authority Accommodation (RLAA). |
| Health and Safety | Information in relation to allergies has been added into Section 6, Diet, Nutrition and Alleries. |
| Supporting the Education and Promoting the Achievement of Children with a Social Worker, Looked After and Previously Looked After Children | This chapter has been updated throughout. |
| Health Care Assessments and Plans | Information has been added into Section 4, Health Plans in relation to allergies. |
| Leaving Care and Transition | This chapter has been amended to note that with effect from 1 April 2023, the leaving care allowance increased from £2,000 to £3,000. It has also been revised to include information from the revised Ofsted inspection framework. |
| Allegations Against Foster Carers | This chapter has been amended in line with revised Keeping Children Safe in Education. A new Section 2, The Difference Between an Allegation of Harm and a Concern has also been added. |
| Allegations Against Prospective Adopters and in Relation to Children Placed for Adoption or Already Adopted | This chapter has been amended in line with revised Keeping Children Safe in Education. A new Section 2, The Difference Between an Allegation of Harm and a Concern has also been added. |
| New Chapters and Features | |
| Chapter Name | Details |
| Ofsted Inspection Framework | This chapter has been added. |
| Next update: May 2024 |
May 2023
| Updated Chapters | |
| Chapter Name | Details |
| Aftercare under Section 117 of the Mental Health Act 1983 | This chapter has been amended to include a link to Self-harm: Assessment, Management and Preventing Recurrence NICE Guidance in the Further Information section. |
| Children and Young People Aged 0-25 with Special Educational Needs and Disabilities | This chapter has been updated to include information from Guidance: Area SEND Inspections Framework and Handbook (November 2022). |
| Placing and Visiting Children with Special Educational Needs and Disabilities or Health Conditions in Long-Term Residential Settings | This chapter has been updated to include information from the UK Social Work Practice in Safeguarding Disabled Children and Young People report. |
| Care and Supervision Proceedings and the Public Law Outline | Section 8, Court Hearings has been updated in line with A View From the President's Chambers: Relaunching the PLO (November 2022), and that section should be re-read. |
| Positive Relationships and Behaviour Management | This chapter has been amended to incorporate Ofsted feedback. Additional information has been added into Section 2, Positive Behaviour Support and Section 5.4, Recording of Sanctions. |
| Marriage of a Looked After Child/Civil Partnership | This chapter has been amended to reflect that the Marriage and Civil Partnership (Minimum Age) Act 2022 raised the age of marriage and civil partnership to 18 in England and Wales, with effect from 26 February 2023. |
| Children Involved in the Youth Justice System: Additional National Guidance | Links have been added to A Guide to Child First - Youth Justice Board to and Matters of Concern, Safeguarding Concerns, Allegations and Complaints for Children in Custody. |
| Applications for Special Guardianship Orders | This chapter has been updated to reflect the updated Public Law Working Group Best Practice Guidance. This includes the new interim guidance, issued by the President of the Family Division, that addresses the lawful extension of care proceedings beyond 26 weeks. Section 6.3, Placement before a Special Guardianship Order (SGO) is Granted, has been added in line with guidance that states where there is no pre-existing relationship between the child and special guardians the child should be placed on an interim basis before the special guardianship order is made. |
| Case Records and Retention | This chapter has been updated in relation to the Independent Inquiry into Child Sexual Abuse. |
March 2023
| Updated Chapters | |
| Chapter Name | Details |
| List of Agency Decision Makers, Designated Managers and Nominated Officers | This chapter has been updated. |
October 2022
| Updated Chapters | |
| Chapter Name | Details |
| Aftercare under Section 117 of the Mental Health Act 1983 | This chapter has been amended to refer to Guidance issued by the Local Government and Social Care Ombudsman and the Parliamentary and Health Service Ombudsman. |
| Care and Supervision Proceedings and the Public Law Outline | This chapter has been amended throughout in line with Management Guidance in Public Law Children Cases: March 2022. |
| Decision to Look After | This chapter has been updated. |
| Ceasing to Look After a Child | This chapter has been updated in to add a note regarding transferring a child’s belongings in appropriate luggage and includes a link to a link to NYAS, My Things Matter Report. (See Section 5, Administration / Process Issues). |
| Placements in Foster Care | This chapter has been amended in October 2022 to add a link to the NYAS ‘My Things Matter’ Report – support and respect care-experienced children and their belongings when they move. (See Section 4, Placement Planning) |
| Placements in Residential Care | This chapter has been amended in October 2022 to add a link to the NYAS ‘My Things Matter’ Report – support and respect care-experienced children and their belongings when they move. (See Section 2.3, Placement Planning). |
| Placements Outside England and Wales | Section 3, Placements in Scotland, Northern Ireland, Isle of Man and Guernsey has been updated in line with the Cross-border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 and Cross-Border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022: Practice Guidance, Notice and Undertaking Template. |
| Remands to Local Authority Accommodation or to Youth Detention Accommodation | This chapter has been amended in line with the Police, Crime, Sentencing and Courts Act 2022. |
| Contact with Parents/Adults and Siblings | Section 3, Supervised Contact has been updated to reflect a finding by the Local Government and Social Care Ombudsman that the supervisor's observations of the contact must be clearly recorded in the child's record and shared with the parents within 3 months of the visit. |
| Education of Children with a Social Worker, Looked After and Previously Looked After Children | This chapter has been updated to reflect Keeping Children Safe in Education (2021). Schools should have policies and processes in place to ensure all concerns about all adults working in or on behalf of the school or college (including supply teachers, volunteers and contractors) are dealt with promptly and appropriately. See Section 8.3, Protecting Children with a Social Worker, Looked After Children and Previously Looked After Children from Adults Who May Pose a Risk to Them and/or Other Children in the School. |
| Positive Relationships and Behaviour Management | This chapter has been updated. |
| Physical Intervention and Restraint | This chapter has been updated throughout and should be rewritten. |
| Leaving Care and Transition | This chapter has been amended to add a link to the NYAS ‘My Things Matter’ Report – support and respect care-experienced children and their belongings when they move. (See Scope Box.) |
| Looked After Children and Young People in Contact with Youth Justice Services | Section 2, Looked After Children who are Arrested has been updated in relation to appropriate adults. |
| Fostering Panel | This chapter has been updated. |
| Allegations Against Foster Carers | This chapter has been updated. |
| Recruitment, Assessment and Approvals of Prospective Adopters | This chapter has been refreshed. |
| Adoption Panel | This chapter has been refreshed. |
| Placement for Adoption | This chapter has been refreshed. |
| Adoption Support | This chapter has been refreshed. |
| Disruption of Adoptive Placements | This chapter has been refreshed. |
| New Chapters and Features | |
| Chapter Name | Details |
| Care Planning | This chapter has been added. |
| Risk Assessment and Planning | This chapter has been added. |
| Providing Personalised Care | This chapter has been added. |
| Health and Safety | This chapter has been added. |
| Leisure Activities | This chapter has been added. |
| Training and Development of Foster Carers | This chapter has been added. |
May 2022
| Updated Chapters | |
| Chapter Name | Details |
| Capacity and Consent | A new Section 4.3, Consent to the Use of Medication to Suppress Puberty has been added to reflect case-law. |
| Aftercare under Section 117 of the Mental Health Act 1983 | Section 2, Ordinary Residence has been updated in line with case-law. |
| Children and Young People Aged 0-25 with Special Educational Needs and Disabilities | Section 15, Resolving Disagreements has been updated in line with the First Tier Tribunal's extended powers to hear appeals and make non-binding recommendations about health and social care aspects of Education, Health and Care (EHC) plans, provided those appeals also include education elements. |
| Short Breaks | This chapter has been updated. |
| Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery | This chapter has been updated. |
| Care and Supervision Proceedings and the Public Law Outline | This chapter has been updated. |
| Legal Gateway/Planning Meetings | This chapter has been updated. |
| Decision to Look After and Care Planning | Section 1.3, Section 20 Accommodation has been revised in line with the Public Law Working Group (PLWG) Recommendations to Achieve Best Practice in the Child Protection and Family Justice Systems. |
| Placements with Parents | This chapter has been updated. |
| Placements in Secure Accommodation on Welfare Grounds | Section 10, Use of Inherent Jurisdiction to Authorise a Placement Involving a Deprivation of Liberty has been updated in line with case-law. |
| Education of Children with a Social Worker, Looked After and Previously Looked After Children | This chapter has been significantly amended to reflect the 'Review of Sexual Abuse in Schools and Colleges (Ofsted)'; updated 'Keeping Children Safe in Education' (see Scope of this Chapter) and Sexual Harassment in Education – Briefing (House of Parliament Library) (see Section 8.2, Protecting Children in Care from from Sexual Harassment Peer on Peer Abuse). The chapter has also been amended to reflect Promoting the Education of Children with a Social Worker: Virtual School Head Role Extension. |
| Physical Intervention | A link has been added to the Ofsted good practice guidance which is non statutory - Guidance: Positive Environments Where Children Can Flourish (Ofsted). |
| Electronic Recording of Meetings and Conversations | Part 1 of this chapter has been updated in line with case-law. |
| Use of Social Media Sites by Social Care and Safeguarding Staff | This chapter has been given a general refresh. |
November 2021
| Updated Chapters | |
| Chapter Name | Details |
| Capacity and Consent | A new Section 5.4, Consent to Life-ending Withdrawal of Medical Support has been added, to reflect High Court judgments. Section 2.1, Consent to Information Sharing has been updated to reflect revisions contained in the statutory guidance Working Together to Safeguard Children. |
| Assessments | This chapter has been amended to add a new section on 16 and 17 year olds who may be Homeless and/or require Accommodation and reflects the issue of Homelessness and the vulnerability of young people identified in Working Together to Safeguard Children. |
| Complaints and Representations | This chapter has been amended to reflect the Children's Statutory Complaint Process: Guide for Practitioners (Local Government & Social Care Ombudsman, 2021) (see Relevant Guidance). |
| Children and Young People Aged 0-25 with Special Educational Needs and Disabilities | This chapter has been refreshed and updated and includes links to related reports from the House of Commons Library (see Section 16, Further Information and Statutory Guidance). |
| Short Breaks | Information in relation to the prohibition on looked after children under the age of 16 being placed in 'other arrangements' placements for the purposes of a short break has been added into Section 7, Short Break Settings. |
| Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery | Section 6.1, Placement Options has been updated in relation to placements in 'other arrangements'. |
| Families with No Recourse to Public Funds | This chapter has been substantially updated and should be re-read. |
| Family and Friends Care | This chapter has been revised. A new Section 7, Education has been added and information has been added on the School Admission Code. |
| Relinquished Children | This chapter has been updated to reflect case-law setting out lessons for the future in non-notification cases. |
| Care and Supervision Proceedings and the Public Law Outline | The link to the SWET (updated April 2021) has been updated. Section 2, Pre-Proceedings has been updated to include information in relation to pre-birth assessments and planning where the mother has learning disabilities. It has also been updated to reflect Practice Guidance on Special Guardianship (Family Justice Council). See Section 9, Expectations of the Local Authority by the Court in particular. |
| Criminal Injuries Compensation Authority Claims for Looked After Children | This chapter has been refreshed and a link added to House of Commons Library Briefing Paper: Criminal Injuries Compensation for Victims of Child Abuse. |
| Placements with Parents | Section 1, Planned Placements has been updated to add information on placements in 'other arrangements'. |
| Placements in Residential Care | This chapter has been updated to note that, from September 2021, looked after children under 16 years of age cannot be accommodated in unregulated independent or semi-independent placements. |
| Out of Area Placements | Section 6, Placements in Wales has been updated in line with updated Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review. |
| Placements Outside England and Wales | Section 3, Placements in Scotland, Northern Ireland, Isle of Man and Guernsey has been updated in line with updated Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review. |
| Remands to Local Authority Accommodation or to Youth Detention Accommodation | Information in relation to children under the age of 16 being placed in 'other arrangements' placements has been added into Section 3, Local Authority Accommodation. |
| Delegation of Authority to Foster Carers and Residential Workers | A new Section 7.4, Consent to Life-ending Withdrawal of Medical Support has been added, to reflect a High Court judgment. |
| Advocacy and Independent Visitors | This chapter has been updated. |
| Education of Looked After and Previously Looked After Children | This chapter has been revised. Information on the School Admission Code has been added in Section 6, When a Child Needs or Joins a New School. |
| Leaving Care and Transition | Section 6, Pathway Planning has been updated to note that, in relevant cases, immigration status should be included as a separate section on the Pathway Plan. This will help to ensure that young people who have been granted Pre-Settled Status under the EU Settlement Scheme apply to convert this to Settled Status at the appropriate. Pathway Plans should contain clear information about what action needs to be taken by whom and when to ensure that the young person's right to remain legally in the UK is not jeopardised. |
| Applications for Special Guardianship Orders | This chapter has been revised. In Section 12, The Special Guardianship Support Plan, information has been added on the School Admission Code. It has also been updated to reflect Practice Guidance on Special Guardianship published by the Family Justice Council. See Section 6.2. Special Guardianship Applications in Care Proceedings and new Section 16, Special Guardianship Orders in International Cases. |
| Electronic Recording of Meetings and Conversations | Information has been added on recording by employees in a professional capacity, and links added to relevant guidance. |
| New Chapters and Features | |
| Chapter Name | Details |
| Aftercare under Section 117 of the Mental Health Act 1983 | This policy applies when a child or care leaver is discharged from hospital after having been detained under the Mental Health Act 1983. |
| Family Justice Resource Hub (ADCS) | A link to this resource hub has been added to the manual. |
| Placements in Other Arrangements | This chapter has been added to the manual. |
| YJB and Probation Joint National Protocol for Transitions in England | A link to this protocol has been added to the contents list. |
May 2021
| Updated Chapters | |
| Chapter Name | Details |
| Capacity and Consent | This chapter has been updated to add information on a High Court case in relation to consent in the context of the use of medication to suppress puberty. Information has also been added in relation to NICE Quality Standard: Decision-Making and Mental Capacity. |
| Children and Young People Aged 0-25 with Special Educational Needs and Disabilities | Section 15, Resolving Disagreements has been updated to reference recent case-law holding that, as part of the mediation process, a parent/child/young person is entitled to bring along any supporter they wish, including a lawyer. |
| Prevention of Homelessness and Provision of Accommodation for 16 and 17 Year Olds who may be Homeless and/or Require Accommodation; and Duty to Refer | This chapter has been updated to add a link to Joint Housing Protocols for Care Leavers: good practice advice (DfE and MHCLG) to support the development of joint protocols that can help local authorities to meet the accommodation needs of care leavers. (See Section 4, Housing Protocols for Care leavers). |
| Placements in Secure Accommodation on Welfare Grounds | A new Section 10, Use of Inherent Jurisdiction to Authorise a Placement Involving a Deprivation of Liberty When One or More of the Relevant Criteria Under Section 25 Children Act 1989 are Not Satisfied has been added. |
| Education of Looked After and Previously Looked After Children | This chapter has been updated to reflect changes from the revised Working Together to Safeguard Children. |
| Holidays and School Trips In and Outside the UK | This guidance has been reviewed and updated throughout. Section 2.3, Insurance Cover has been updated to include details of how to apply for a Global Health Insurance Card (GHIC) which provides access to reduced cost or free medical insurance in the EU, Iceland, Liechtenstein, Norway or Switzerland. Section 2.4, Obtaining a Passport has also been updated to link to reissued Home Office guidance for Local Authorities Children's Services Departments when Applying for Passports on Behalf of Children. |
| Leaving Care and Transition | This chapter has been updated with a link to Joint Housing Protocols for Care Leavers: good practice advice (DfE and MHCLG) to support the development of joint protocols that can help local authorities to meet the accommodation needs of care leavers. Additional content has therefore been added in a new Section 8, Joint Housing Protocols for Care Leaver as well as Section 7, Reviews of Pathway Plans and Section 13, Where Care Leavers Live or Move to a Different Local Authority Area. |
| Responsibilities of the Local Authority to Former Looked After Children and Young People in Custody | This chapter has been updated to reflect the Section 2.6 Care leavers leaving custody in Joint Housing Protocols for Care Leavers: good practice advice (DfE and MHCLG) (see Section 3.9, Planning for Release). |
| Assessment and Approvals of Foster Carers | A revised link has been added to Prepare for a review panel: adopters and foster carers. |
| Review and Termination of Approval of Foster Carers | A revised link has been added to Prepare for a review panel: adopters and foster carers. |
| Assessment and Approvals of Prospective Adopters | A revised link has been added to Prepare for a review panel: adopters and foster carers. |
| Access to Birth Records and Adoption Case Records | This chapter has been given a general refresh throughout and information added on applying for a copy of a birth certificate online. |
November 2020
| Updated Chapters | |
| Chapter Name | Details |
| Complaints and Representations | Information contained in this procedure has been reviewed and refreshed as required. |
| Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery | Section 11, Further Information has been updated to include a link to Statutory Guidance Modern Slavery: How to Identify and Support Victims. |
| Families with No Recourse to Public Funds | This chapter has been substantially updated and should be re-read. |
| Placements in Secure Accommodation on Welfare Grounds | Section 6, Placements of Children under 13 years has been updated following publication of revised DfE guidance. |
| Notifications of Significant Events | This procedure has been updated to reflect the latest Ofsted guidance for social care providers on the types of incident which they consider to be serious and which will therefore require notification to the regulatory authority. |
| Later Life Letters | This chapter has been amended with information relating to the gathering of information in Section 3, What is important? Everything! and the involvement of the family link team in Section 1, Introduction. |
| New Chapters and Features | |
| Chapter Name | Details |
| Capacity and Consent | This procedure has been added to the manual. |
| Use of Social Media Sites by Social Care and Safeguarding Staff | This procedure has been added to the manual. |
| Storage of Data on Mobile Devices | This procedure has been added to the manual. |
May 2020
| Updated Chapters | |
| Chapter Name | Details |
| Assessments | This chapter has been updated in line with the new digital referral system for reporting potential victims of Modern Slavery. |
| Children and Young People Aged 0-25 with Special Educational Needs and Disabilities | An update has been made in Section 1, Principles to draw attention to OFSTED's advice that Local Authorities should exercise due diligence in ensuring schools for pupils with SEN are registered with the DFE. The same diligence should be exercised on behalf of pupils with SEN. |
| Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery | This chapter has been updated to take account of the new NRM digital referral form to report Modern Slavery. |
| Notifications of Significant Events | This procedure has been updated to reflect revised guidance issued by Ofsted to Children's Homes Providers in August 2019. The revised guidance sought to clarify what is meant by a 'serious event' in relation to a child living in a Children's Homes with the aim of reducing the overall number of notifications made to Ofsted, and in particular reducing the number of repeat notifications made as a result of submitting additional / updated information. |
| Education of Looked After and Previously Looked After Children | This chapter has been updated to reflect Keeping Children Safe in Education 2019 which replaces the 2018 version. Section 8, Safeguarding the Looked After Child at School has been amended to include reference to Upskirting (which is now a criminal offence) and serious violence. In Section 1.3, Role of the Local Authority, Virtual School Head (VSH), and School OFSTED's advice that Local Authorities should exercise due diligence in ensuring schools for LAC pupils are registered with the DFE has been added. |
| Allegations Against Foster Carers | This chapter has been reviewed and refreshed, and terminology has been updated where required. |
| Recording Policy and Guidelines | This chapter has been amended to reflect the Ofsted Twitter Blog of 24/7/19 by Yvette Stanley, Ofsted's National Director for Social Care. The Blog highlights feedback from a number of inspections and explores what good recording should look like (Ofsted: developments in children's social care – What makes an effective case record?). |
December 2019
| Updated Chapters | |
| Chapter Name | Details |
| Care and Supervision Proceedings and the Public Law Outline | This chapter has been updated to reference and note the Family Court Justice Interim Guidance on Special Guardianship, Courts and Tribunals Judiciary (May 2019) (see Section 1, Introduction). |
| Secure Accommodation (Criteria) Reviews | This chapter has been reviewed and updated in December 2019. The requirement for clear separation of reviews (for clarifying whether the criteria for keeping a child in secure accommodation are met, and the child's looked after review) has been emphasised. Clarifying whether the criteria for keeping a child in secure accommodation are met must come before a LAC review so the decision can inform the LAC review and they must be chaired by different individuals. |
| Notifications of Significant Events | This chapter has been significantly updated and should be re-read. |
| Assessment and Approvals of Foster Carers | A link has been added to Attending an IRM Panel: information sheets. See Section 9, Representations / Independent Review Procedure. |
| Supervision and Support of Foster Carers | This chapter has been updated to reflect in more detail the foster carer's role and responsibilities with respect to Fostering National Minimum Standards – Notification of Significant Events (see Section 1, Introduction) and relevant aspects of Schedule 6 The Fostering Services (England) Regulations 2011 (see Section 2, Planned Supervision Visits). |
| Review and Termination of Approval of Foster Carers | A link has been added to Attending an IRM Panel: information sheets. See Section 6, Representations/Review Procedure. |
| Assessment and Approvals of Prospective Adopters | This chapter has been amended to reflect the national changes in adoption registration and matching (see Section 9, After the Panel Recommendation). A link has also been added to Attending an IRM Panel: information sheets. See Section 10, Representation / Independent Review Procedure. |
| Placement for Adoption | This chapter has been amended to reflect the national changes in adoption registration and matching (see Section 7.13, Inter Agency Placements and Section 11, Children Approved for Adoption for Whom no Placement has been Identified). |
| Access to Birth Records and Adoption Case Records | A link has been added to Attending and IRM Panel: information sheets. See Section 3.2, Adoption Orders made on or after 30 December 2005. |
| Applications for Special Guardianship Orders | This chapter has been updated to reference and reflect the Family Court Justice Interim Guidance on Special Guardianship, Courts and Tribunals Judiciary (see new Section 6.2, Special Guardianship applications in care proceedings). |
| Court Reports in Placement Order Applications and Adoption/Special Guardianship Guidance | This chapter has been updated to note the Family Court Justice Interim Guidance on Special Guardianship, Courts and Tribunals Judiciary (May 2019). See Section 3, Special Guardianship - Matters to be Dealt with in Report for the Court and final paragraphs 11 and 12. |
| New Chapters and Features | |
| Chapter Name | Details |
| Placing and Visiting Children with Special Educational Needs and Disabilities or Health Conditions in Long-Term Residential Settings | This chapter has been added to the manual. |
May 2019
| Updated Chapters | |
| Chapter Name | Details |
| List of Agency Decision Makers, Designated Managers and Nominated Officers | These details have been updated. |
