Amendments

October 2023

CAPTION: October 2023 Amendments
   
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.
Care and Supervision Proceedings and the Public Law Outline Information 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 has been added into Section 4, Care Orders and Supervisions Orders on a Care Plan of the Child Remaining at Home.
Decision to Look After Section 3, Section 20 Accommodation has been updated in line with case-law.
Placements in Other Arrangements This chapter has been updated.
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 Allergies.
Health Care Assessments and Plans Information in relation to allergies has been added into Section 4, Health Plans.
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 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 been added.
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 has been added to National Early Permanence Practice Standards (Coram Centre for Early Permanence).
New Chapters and Features
Chapter Name Details
Ofsted Inspection Framework This chapter has been added to the manual.
Next Update: May 2024

May 2023

CAPTION: May 2023 Amendments
   
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.

In Relevant Guidance, a link has been added to Pre-proceedings and Family Justice Hub (Research in Practice).

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.
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/Civil Partnership of a Looked After Child 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.
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.
Children Involved in the Youth Justice System Additional National Guidance Links have been added to A Guide to Child First - Youth Justice Board and Matters of Concern, Safeguarding Concerns, Allegations and Complaints for Children in Custody.
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.
Case Records and Retention This chapter has ben updated in relation to the Independent Inquiry into Child Sexual Abuse.
Use of Social Media Sites by Social Care and Safeguarding Staff This chapter has been given a general refresh.

November 2022

CAPTION: November 2022 Amendments
   
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.
Care Planning This chapter has been updated.
Ceasing to Look After a Child This chapter has been updated 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.
Placements in Foster Care 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.
Placements in Residential Care 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.
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 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. 
Positive Relationships and Behaviour Management This chapter has been updated.
Restrictive Physical Intervention and Restraint This chapter has been updated throughout and should be re-read.
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.
Fostering Panel This chapter has been updated.
New Chapters and Features
Chapter Name Details
Equality and Diversity 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.
Youth Offending Additional National Guidance This chapter has been added.
Training and Development of Foster Carers This chapter has been added.

May 2022

CAPTION: May 2022 Amendments
   
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 in line with case-law.
Complaints and Representations This chapter has been amended to reflect the Children's Statutory Complaint Process: Guide for Practitioners (Local Government & Social Care Ombudsman) (see Relevant Guidance).
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.
Care and Supervision Proceedings and the Public Law Outline This chapter has been updated throughout.
Legal Gateway/Planning Meetings This chapter has been updated throughout.
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 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.
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.
Education of 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 from Sexual Harassment child on child Abuse).

The chapter has also been amended to reflect Promoting the Education of Children with a Social Worker: Virtual School Head Role Extension.
Restrictive 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).
Use of Social Media Sites by Social Care and Safeguarding Staff This chapter has been given a general refresh.

 

November 2021

CAPTION: November 2021 Amendments
   
Updated Chapters
Chapter Name Details
Capacity and Consent Section 5.4, Consent to Life-ending Withdrawal of Medical Support has been added to reflect High Court judgment. Section 2.1, Consent to Information Sharing has been updated to reflect revisions contained in the statutory guidance Working Together to Safeguard Children. Information has also been added in relation to NICE Quality Standard: Decision-Making and Mental Capacity.
Assessments This chapter has been amended to add a new Section 15, 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 Information contained in this procedure has been reviewed and refreshed as required.
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).
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).
Family and Friends Care This chapter has been revised. A new Section 6, Education has been added and information added on the School Admission Code.
Care and Supervision Proceedings and the Public Law Outline

The link has been updated to the SWET (updated April 2021). 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 in particular Section 9, Expectations of the Local Authority by the Court.
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 was 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.
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. Section 6, Placements of Children under 13 years has also been updated following publication of revised DfE guidance.
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

In Section 3, Placements in Scotland, Northern Ireland, Isle of Man and Guernsey, additional information has been added in relation to placements in Scotland, in line with a High Court case.

It has also been updated in line with updated Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review.
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 substantially updated and should be re-read.
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.
Education of Looked After and Previously Looked After Children This chapter has been revised. In Section 6, When a Child Needs or Joins a New School, information has been added on the School Admission Code.
Leaving Care and Transition

Section 5, 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.

It has also 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 7, Joint Housing Protocols for Care Leaver as well as Section 6, Reviews of Pathway Plans and Section 12, 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).
Placement for Adoption This chapter has been updated.
Relinquished Children This chapter has been updated to reflect case-law setting out lessons for the future in non-notification cases.
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.
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 has been added to the manual.
Placements in Other Arrangements This procedure has been added to the manual.
Whistleblowing A link to the Whistleblowing Policy has been added.
Financial Support Policy for Family and Friends and Connected Carers This chapter has been relocated into Sandwell Guidance.

July 2021

CAPTION: July 2021 Amendments
   
Updated Chapters
Chapter Name Details
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.
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.

August 2020

CAPTION: August 2020 Amendments
   
New Chapters and Features
This manual has been updated to a new format and should be re-read.

March 2020

CAPTION: March 2020 Amendments
   
Updated Chapters
Chapter Name Details

Care and Supervision Proceedings and the Public Law Outline

This chapter has been amended to reflect changes from 'Practice Direction 27a - Family Proceedings: Court Bundles (Universal Practice to be Applied in the High Court and Family Court)', in relation to the required maximum length of certain court documents, (unless otherwise specifically directed by the court). In addition, a new subsection of Section 4.1, Local Authority Documentation - 'Final Care Plan' provides further detail on the importance of recording information on the Care Plan which will help the child, parent or the child's carer understand why decisions have been or are being made.

It has also been amended to reflect HHJ Greensmith's comments regarding M and N (Children: Local authority gathering, preserving and disclosing evidence) [2018] EWFC 40 (1 June 2018)) (see Section 9, Good Local Authority Practice During Proceedings).

Also to reference and note the Family Justice Council: Interim Guidance on Special Guardianship (Family Justice Council, May 2019) (see Section 1, Introduction).

Court Reports in Adoption/Special Guardianship Guidance

This chapter has been updated to note the Family Justice Council: Interim Guidance on Special Guardianship (Family Justice Council, May 2019). See Section 3, Special Guardianship - Matters to be Dealt with in Report for the Court and final sections 11 and 12.
Children's Consultation and Participation This chapter has been updated to reflect local practice.
Death or Serious Injury to a Child (Looked After and Child in Need) This chapter has been updated throughout to reflect Working Together to Safeguard Children and the process for reporting a serious incident to the Panel via the Child Safeguarding Incident Notification System.

Recording Policy and Guidelines

This chapter has been amended to reflect HHJ Greensmith's comments regarding M and N (Children: Local authority gathering, preserving and disclosing evidence) [2018] EWFC 40 (1 June 2018).

It has also 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?).
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.
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 throughout.
Private Fostering This chapter has been updated. It confirms in Section 14, After the Private Fostering Arrangement Ends that any request for support by the young person should be made to the local authority in which they are resident or where the education and training is being provided.
Placements with Parents This chapter has been updated to note that this procedure does not apply to children subject to Interim Care Orders where the placement is required by the court under Section 38(6) Children Act 1989 for the purposes of assessment (see Scope of This Chapter).
Remands to Local Authority Accommodation or to Youth Detention Accommodation This chapter has been updated in relation to placing young people in custody. See Section 2.3, How to Request a Transfer or Placement Review.
Social Worker Visits to Looked After Children This chapter has been amended to include a link to the Leaving Care and Transition Procedure in relation to Personal Adviser visits to 'Relevant' or 'Former Relevant' young people.
Secure Accommodation (Criteria) Reviews This chapter has been reviewed and updated. 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 updated throughout.
Education of Looked After and Previously Looked After Children This chapter has been updated throughout.

Leaving Care and Transition

Amendments have been made in:

  • Section 4, Leaving Care Assessment of Need - in relation to children who are victims of trafficking or unaccompanied asylum seeking children;
  • Section 6, Reviews of Pathway Plans - in relation to Relevant/Former Relevant young people moving to 'unregulated' accommodation; and
  • Section 7, Personal Advisers - in relation to frequency of visits by Personal Advisers.
Looked After Children and Young People in Contact with Youth Justice Services This chapter has been updated in relation to placing young people in custody. See Section 7.7, How to Request a Transfer or Placement Review.
Responsibilities of the Local Authority to Former Looked After Children and Young People in Custody This chapter has been updated in relation to placing young people in custody. See Section 3.8, How to Request a Transfer or Placement Review.
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.
Allegations Against Foster Carers This chapter has been reviewed and refreshed, and terminology has been updated where required.
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, Representations / 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 an IRM Panel: information sheets. See Section 3.2, Adoption Orders made on or after 30 December 2005.
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.

March 2019

CAPTION: March 2019 Amendments
   
Updated Chapters
Chapter Name Details

Child Protection Enquiries (Section 47)

A new Section 4.3, Complex Strategy Meetings – Managers has been added.

A Strategy Meeting, chaired by an appropriate manager from Sandwell Children's Trust is likely to be convened in the following circumstances:

  • Where there are suspicions of organised or multiple abuse where concerns relate to fabricated or induced illness;
  • Where concerns are complex, for example, forced marriage.

Children and Young People Aged 0-25 with Special Educational Needs and Disabilities

This chapter has been updated in line with the Children and Social Work Act 2017 and revised statutory guidance which require schools, through the designated teacher to provide support to previously Looked After Children.

A previously Looked After Child is one who is no longer looked after in England and Wales because they are the subject of an Adoption, Special Guardianship or Child Arrangements Order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person, or has been adopted from 'state care' outside England and Wales.
Decision to Look After and Care Planning Additional information has been added in to Section 1.3, Section 20 Accommodation, in line with recent case-law.

Ceasing to Look After a Child

This chapter has been updated in line with the Children and Social Work Act 2017 and revised statutory guidance.

These changes relate to the status of 'previously Looked After Children'. A previously Looked After Child is one who is no longer looked after in England and Wales because they are the subject of an Adoption, Special Guardianship or Child Arrangements Order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person, or has been adopted from 'state care' outside England and Wales. Previously Looked After Children are entitled to support from their school through the Designated Teacher (see Section 2.5, Children Who Move into Permanency).

Permanence Planning Guidance

This chapter has been updated in line with the Children and Social Work Act 2017 and revised statutory guidance.

These changes relate to the status of 'previously looked after children'. A previously Looked After Child is one who is no longer looked after in England and Wales because they are the subject of an Adoption, Special Guardianship or Child Arrangements Order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person, or has been adopted from 'state care' outside England and Wales.

Children subject to a Adoption, Special Guardianship or Child Arrangements Order are entitled to support from their school, through the designated teacher.
Placements in Secure Accommodation on Welfare Grounds This chapter has been updated to fully reflect the updated guidance 'Secure children's homes: how to place a child aged under 13 (July 2018)' (see Section 6, Placements of Children under the age of 13 Years).
Looked After Reviews Section 9, The Role of the Looked After Review in Achieving Permanence for the Child has been amended to reflect the outcome of a High Court Judgement in respect of children who were subject to Section 20 and where there were concerns of significant delays in their planning for permanence. The court noted the IROs' recognition and action over a number of reviews but acknowledged that a more robust response had been needed.

Education of Looked After and Previously Looked After Children

This chapter has been updated to reflect amendments made by the Children and Social Work Act 2017.

These changes relate to the status of 'previously looked after children' i.e. a previously looked-after child is one who is no longer looked after in England and Wales because s/he is the subject of an adoption, special guardianship or child arrangements order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person, or has been adopted from 'state care' outside England and Wales. The chapter includes a new Section 16, Mental Health and a new Section 9, Safeguarding the Looked After Child at School. A link has been added to the National Curriculum Assessments at Key Stage 2.

In addition the chapter reflects the statutory guidance Keeping Children Safe in Education (KCSIE), as it relates to Looked After Children and guidance regarding Data protection and safeguarding as set out in Data protection: a toolkit for schools (Open Beta: Version1.0) (August 2018).
Leaving Care and Transition This guidance has been revised throughout to reflect the provisions of the Children and Social Work Act 2017 which require local authorities and Children's Trust to offer Personal Adviser support to all care leavers up to the age of 25; to publish their Local Offer for care leavers; and to have regard to seven 'Corporate Parenting Principles'.
Relinquished Child Section 5, Consent and Competency has been updated to include additional information on parental capacity to consent, in line with High Court case-law.

Adoption Support

This chapter has been updated in line with the Children and Social Work Act 2017 and revised statutory guidance which require schools, through the Designated Teacher for Looked After Children, to offer support to previously looked after children.

A previously looked-after child is one who is no longer looked after in England and Wales because subject of an Adoption, Special Guardianship or Child Arrangements Order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person, or has been adopted from 'state care' outside England and Wales).
Adoption Reviews Section 5, The Conduct of Adoption Reviews (bullet point 1.f) has been amended to reflect the status of adopted children as being 'previously looked after' when considering their educational needs. A link to DfE guidance on Promoting the Education of Looked After and Previously Looked After children has also been added.
Life Story Books Guidance This chapter has been fully reviewed.
Later Life Letters This chapter has been fully reviewed.

September 2018

CAPTION: September 2018 Amendments
   
Updated Chapters
Chapter Name Details
Sandwell Children's Trust Policies, Values and Principles A new Section 2, Corporate Parenting has been added in response to the DfE Applying Corporate Parenting Principles to Looked-after Children and Care Leavers – Statutory Guidance (Feb 2018). It includes the seven corporate parenting principles set out in the guidance.
Child in Need Plans and Reviews This chapter has been updated by adding a new Section 4, Moving to Another Authority - Principles. Information and communication is important between the respective local authorities to ensure appropriate services continue for the child and family and, where relevant, any risk of harm is recognised and identified with the receiving local authority. It should be noted that the responsibility for safeguarding and promoting the welfare of the child lies with the local authority where the child is to be found.
Care and Supervision Proceedings and the Public Law Outline This chapter has been updated to provide some emphasis on parents who lack capacity and added links to the President of the Family Division, Family Proceedings: Parents with a Learning Disability note, and a relevant link to working with parents who have a learning disability (see Section 2, Pre-Proceedings) and Practice Direction 3aa - Vulnerable Persons: Participation in Proceedings and Giving Evidence (see case management in Section 4, Documentation).
Death or Serious Injury to a Child (Looked After and Child in Need) From 29 June 2018 local authorities in England must notify the national Child Safeguarding Practice Review Panel within 5 working days of becoming aware of a serious incident.
Recording Policy and Guidelines This guidance has been reviewed and updated following the introduction of the General Data Protection Regulations (GDPR) and Data Protection Act 2018.
Case Records and Retention Section 1, The Case Record has been updated in line with Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018, which permits the transfer of a copy of the child's case record (or part of that record) to another adoption agency when the local authority considers this to be in the interests of the child.
Family and Friends Care This chapter has been updated to reflect that the DBS has no eligibility for a standard or enhanced check for birth parents or other adults living in the household. However, the Local Authority has a requirement under the Care Planning, Placement and Case Review (England Regulations) 2010 to obtain information about unspent convictions and cautions before placing a child back with parents (see Section 1.2, Assessment and Checks Before Placement).
Placements with Parents This chapter has been updated to reflect that the DBS has no eligibility for a standard or enhanced check for birth parents or other adults living in the household. However, the Local Authority has a requirement under the Care Planning, Placement and Case Review (England Regulations) 2010 to obtain information about unspent convictions and cautions before placing a child back with parents (see Section 1.2, Assessment and Checks Before Placement)
Social Worker Visits to Looked After Children Section 2, Exceptions has been revised to set out more clearly the circumstances where visiting requirements differ from those set out in Section 1, Normal Frequency.
Contact with Parents/Adults and Siblings Section 2, Different Types Of Contact has been updated to take account of the use of mobile communication with regards to contact.
Health Care Assessments and Plans A new Section 3.5, Consent to Health Care Assessments has been added.
Adoption Panel This guidance has been reviewed and updated following the introduction of the General Data Protection Regulations (GDPR) and Data Protection Act 2018.
Placement for Adoption Section 1, Planning for Permanence has been updated to reflect the additional consideration (added by section 9 Children and Social Work Act 2017 amends section 1(4)(f) of the Adoption and Children Act 2002) into the list of considerations that whenever a court or adoption agency is coming to a decision relating to the adoption of a child), of the relationship which the child has with relatives, with any person who is a prospective adopter with whom the child is placed and with any other person in relation to whom the court or agency considers the relationship to be relevant.
Inter Country Adoption Section 8, Home Study has been updated to include a link to GOV.UK Benefits.
Adoption Case Records Section 3, Security Retention and Sharing of Records has been updated in line with Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018, which provides that an adoption agency may disclose an adoption case record to another adoption agency for purposes related to either agency's functions as an adoption agency. Further information has been added in relation to adoption records where an Adoption Order is not made.
Removed Chapters
  • Developing Local Protocols for Assessment.

April 2018

CAPTION: April 2018 Amendments
   
Updated Chapters
Chapter Name Details
Care and Supervision Proceedings and the Public Law Outline Section 4.2, Case Analysis has been updated to reflect the 'permanence provisions' of the Care Plan added by Section 8 Children and Social Work Act 2017 (amending Section 31(3B) Children Act 1989) which a court is required to consider when deciding whether to make a Care Order.
Young Carers This chapter has been updated throughout and should be re-read.
Decision to Look After and Care Planning Section 2.1, The Care Plan – Contents has been amended to reflect the additional 'permanence provisions' of the Care Plan (Section 8 Children and Social Work Act 2017 amends Section 31(3B) Children Act 1989) which a court is required to consider when deciding whether to make a Care Order.
Permanence Planning Guidance Section 5, Assessing and Planning for Permanence has been updated to reflect the additional 'permanence provisions' of the Care Plan (under Section 8 Children and Social Work Act 2017 amends Section 31(3B) Children Act 1989) which a court is required to consider when deciding whether to make a Care Order.
Looked After Reviews This chapter has been amended to fully reflect the Volume 2: care planning, placement and case review guidance and regulation with respect to the circumstances as to when a Looked After Review should be brought forward. The list is not exhaustive. (See Section 2, Frequency of Looked After Reviews).
Change of Name of a Looked After Child This chapter has been updated throughout and should be re-read.
Assessment and Approvals of Foster Carers Section 8, After the Panel Recommendation has been updated to clarify the decision as to the suitability of the applicant must be made within 7 working days of receipt of the panel's recommendation and final set of panel minutes – The Children Act 1989 Guidance and Regulations Volume 4 and Standard 14 (14.9) Fostering panels and the fostering service's decision-maker.
Placement for Adoption This chapter has been amended to emphasise 'procedural fairness' as a key aspect of the adoption planning process in respect of ensuring parents are provided with information throughout, including the dates of placement/proposed changes of a child's Status, etc. This follows the outcome of a judicial review ([2017] EWHC 1041 (Admin)). (See new Section 4.2, Procedural Fairness).
Fostering for Adoption, Concurrent Planning and Temporary Approval as Foster Carers of Approved Prospective Adopters Section 4.1, Duty to Consider Fostering for Adoption Placement has been updated to reflect the additional consideration (added by Section 9 Children and Social Work Act 2017 into the list of considerations whenever a court or adoption agency is coming to a decision relating to the adoption of a child), of the relationship which the child has with relatives, with any person who is a prospective adopter with whom the child is placed and with any other person in relation to whom the court or agency considers the relationship to be relevant.
List of Agency Decision Makers, Designated Managers and Nominated Officers This chapter has been updated.
New Chapters and Features
Chapter Name Details
Deprivations of Liberty This chapter has been added to the procedures manual.
Mental Capacity This link has been added to the procedures manual.

August 2017

CAPTION: August 2017 Amendments
   
Updated Chapters
Chapter Name Details
Care and Supervision Proceedings and the Public Law Outline Links have also been added to the PLO Timeline Procedure and Timeline - 8 Day Filing Procedures for Evidence have been updated.
Death or Serious Injury to a Child (Looked After and Child in Need) This chapter has been updated in line with the requirement to notify Ofsted of any serious childcare incident using the Ofsted online notification form.
Case Records and Retention This chapter has been reviewed to note the Independent Inquiry into Child Sexual Abuse requires all institutions to retain their records relating to the care of children for the duration of the Inquiry (see Section 2, Retention and Confidentiality of Records).
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities This chapter has been updated to reflect the outcome of a court judgement on Ordinary Residence that was included in DoH, Care and support statutory guidance (December 2016) (see Section 13, Funding Issues - Ordinary Residence). A link has been added into Further Information to guidance on SEND: 19- to 25-year-olds' entitlement to EHC plans (DfE 2017).
Short Breaks A link has been added to Friendship For All (The Children's Society). If a child or young person is disabled and/or in the care system, they are more likely to miss out on friendship causing them to be socially isolated. Professionals delivering foster care and short breaks services are invited to implement simple changes to practice and strengthen carer training to increase friendship in the lives of children. Friendship For All provides freely downloadable, nationally piloted and evaluated resources.
Family and Friends Care A link has been added in Related Guidance to Initial Family and Friends Care Assessment: A good practice guide (FRG) - A good practice guide on initial family and friends care assessments has been launched by Family Rights Group. The guide is a response to the lack of any minimum standards as to how such assessments, commonly called viability assessments, are conducted.
Private Fostering This chapter has been amended to add clarity to the definition of private fostering with regards to the legislation and children under 16 who spend more than 2 weeks in residence during holiday time in a school.
Decision to Look After and Care Planning This chapter has been amended to reflect the outcome of an Appeal Court hearing (2017) with respect to 'consent'. The court recognised that the term 'consent' itself was not used in Section 20. However, it described previous court observations as 'good practice guidance', emphasising its judgment should not alter the content or effect of these (see Section 1.3.1, Obtaining Parental Consent).
Placements with Parents Section 1.2, Assessment and Checks before Placement, has been updated to include consideration should be given as to whether the home environment is safe for the child including where relevant, the need for a risk assessment of any pets and the environment in which they are kept.
Placements with Connected Persons Section 3, Approval of Immediate Placements of Looked After Children with Connected Personsunder Regulation 24 of the Care Planning, Placement and Case Review Regulations 2010, has been updated to include matters that should be considered when placing a child with a  Connected Person should include an initial risk assessment of any pets, together with the environment in which the pet is kept. A link has been added in Related Guidance to Initial Family and Friends Care Assessment: A good practice guide (FRG) - A good practice guide on initial family and friends care assessments has been launched by Family Rights Group. The guide is a response to the lack of any minimum standards as to how such assessments, commonly called viability assessments, are conducted.
Placements in Secure Accommodation on Welfare Grounds This chapter has been extensively updated and should be read throughout.
Advocacy and Independent Visitors This chapter has been updated to add a link to the Children's Society 'Advocacy services for children and young people – a guide for commissioners'. This guide outlines the legislative requirements of local authorities in the provision of advocacy support to children in need and looked after children.
Social Visits (Including Overnight Stays) This chapter has been updated and should be read throughout.
Health Care Assessments and Plans A link has been added in Section 5, Further Information, to Children's Attachment: Attachment in Children and Young People who are Adopted from Care, in Care or at High Risk of Going into Care - NICE Guidelines (NG26). This guideline covers the identification, assessment and treatment of attachment difficulties in children and young people up to age 18 who are adopted from care, in special guardianship, looked after by local authorities in foster homes (including kinship foster care), residential settings and other accommodation, or on the edge of care. It aims to address the many emotional and psychological needs of children and young people in these situations, including those resulting from maltreatment.
Supervision and Support of Foster Carers Section 5, Support Provided by the Supervising Social Worker (During Placement) has been updated to reflect that the Safer Caring Plan, any changes in household circumstances along with any health and safety issues including the addition of any new pets and the environment in which they are kept should be reviewed as required.
Assessment and Approvals of Prospective Adopters Section 5.3, Assessment has been updated to include where the applicants have pets, a risk assessment should be conducted and any associated risks should be taken into account with regard to the pet itself and where the pet is kept. Where necessary, an independent assessment should be undertaken by a vet to establish whether the dog falls within the scope of the Dangerous Dogs Act 1991.
Placement for Adoption In Related Guidance a link has been added to Contact After Adoption - Support materials for practitioners working on making positive post-adoption contact plans and supporting birth relatives and adopters through contact planning for their child.
Inter Country Adoption In Section 3, Initial Meeting, the DfE have published Intercountry Adoption and Resident Status Requirements which set out the minimum requirements, however entry clearance requirements vary depending upon the circumstances of each case and prospective adopters will need to obtain their own independent legal advice to establish the requirements that apply to their individual circumstances. In Section 4, Formal Approval a link has been added to Intercountry adoption: means test form which contains information on how to apply for a fee reduction for people who wish to adopt a child from overseas and who earn £45,000 per year or less. In Section 12, After Approval information has been added on the Intercountry Adoption Forms: checklist for adoption which details the paperwork adoption agencies must include in the intercountry adoption applications they submit to DfE.
Local Contacts This chapter has been updated.
List of Agency Decision Makers, Designated Managers and Nominated Officers This chapter has been updated.
New Chapters and Features
Chapter Name Details
Children's Consultation and Participation In Sandwell, we are committed to promoting the active participation of children and young people and their families wherever possible. Participation is the process by which individuals can proactively influence decision-making and bring about change. This may mean individuals influencing decisions about their own lives, for example children who are supported by social care and health influencing their care plans, or it could mean young people influencing the development and implementation of service delivery.

April 2017

CAPTION: April 2017 Amendments
   
Updated Chapters
Chapter Name Details
Case File Transfer Protocol This updated protocol has been added to the manual.

February 2017

CAPTION: February 2017 Amendments
   
Updated Chapters
Chapter Name Details
Assessments This chapter has been updated to reflect the outcome of a judgment following an application to remove a child at birth. The judge highlighted 'good practice steps' to undertaking assessments and issuing care proceedings in respect of the removal of a child at birth, including the assessment process (see Section 11.1, Pre-birth 'Good Practice Steps'). The Practice Standards for Social Workers have also been updated.
Child Protection Enquiries (Section 47) In Section 6, Dispute Resolution a link has been added to the Dispute Resolution Policy in the Local Resources section.
Care and Supervision Proceedings and the Public Law Outline This chapter has been updated to reflect the outcome of a judgment following an application to remove a child at birth. The judge highlighted what were thought to be 'good practice steps' to issuing care proceedings in respect of the removal of a child at birth (see Section 3.1, Pre-birth Planning and Proceedings). Links have also been added to Sandwell's Guidance on the PLO Timeline Procedure and Timeline - 8 Day Filing Procedures for Evidence which must be followed in Care Proceedings.
Legal Planning Meetings This chapter has been updated to reflect the outcome of a judgment following an application to remove a child at birth. The judge set out what were thought to be 'basic and good practice steps' (see Section 2, Considerations). Links also added to the PLO Timeline Procedure and Timeline - 8 Day Filing Procedures for Evidence.
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities Links have been added to SEND Resources for Healthcare Professionals (DfE and DoH Publications on SEND covering a broad range of conditions and illnesses). The Children and Young People's Continuing Care National Framework (Process for assessing, deciding and agreeing continuing care for children with complex health needs) and the NICE Pathway - Transition from children's to adults' services. The link to the Care and Support Statutory Guidance has been updated. This guidance also contains the guidance on Adult Safeguarding which replaces the No Secrets Guidance.
Decision to Look After and Care Planning A link has been added to the ADCS/Cafcass Practice Guidance for the Use of Section 20 guidance issued by by Cafcass, ADCS and ADSS Cymru which clarifies expectations on local authorities for children looked after under s20 of the Children Act 1989.
Looked After Reviews This chapter has been amended to note The Law Society guidance 'Attendance of solicitors at local authority Children Act Meetings' and their Code of Conduct where the child or family who attend reviews are supported by a legal representative (see Section 8, Independent Reviewing Officer's Responsibilities).
Health Care Assessments and Plans In Section 5, Further Information links have been added to British Medical Association Consent Toolkit and Practice Guidance: Supporting Young People with HIV Testing and Prevention.
Applications for Special Guardianship Orders This chapter has been updated and should be re-read.
Local Contacts This chapter has been updated.
Practice Standards for Social Workers This chapter has been updated and should be re-read.
Community Operating Group: Guidelines for COG Staff This chapter has been updated and should be re-read.
New Chapters and Features
Chapter Name Details
PLO Timeline Sandwell Children's Trust PLO Timeline setting out Legal and Social Worker Tasks.
Timeline - 8 Day Filing Procedures for Evidence Sandwell Children's Trust 8 day filing procedure for evidence setting our Social Worker tasks.
Financial Support Policy for Family and Friends and Connected Carers SMBC Financial Support for Family and Friends Policy (Section 17 of the Children's Act 1989 Children).
Relinquished Child This chapter deals with the first stages of the adoption process for relinquished children, (i.e. identifying that a child should be placed for adoption) whilst identifying other key processes that should be progressed but which are expected for any child who is Accommodated or where the plan is for adoption.
Removed Chapters
  • Provision of Accommodation to Homeless 16 and 17 year olds.

July 2016

CAPTION: July 2016 Amendments
   
Updated Chapters
Chapter Name Details
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities A link has been added to 0 to 25 SEND code of practice: a guide for health professionals – Advice for clinical commissioning groups, health professionals and local authorities (above). This guide to the Code should be read in conjunction with the 0-25 SEND Code of Practice.
Family and Friends Care This chapter has been updated throughout and should be re-read. Appendix 2: Fostering Allowances For The Financial Year 2016/2017 has also been added.
Education of Looked After Children A link has been added in Section 18, Further Information to Mental health and behaviour in schools: departmental advice DfE advice on how to identify and support pupils whose behaviour suggests they may have unmet mental health needs.
Fostering for Adoption, Concurrent Planning and Temporary Approval as Foster Carers of Approved Prospective Adopters In Section 4.2, Considering Adoption for a Child a paragraph has been added that if, at any point during the planning of a Fostering for Adoption placement or if the child is already in such a placement, there is any change to the circumstances of prospective carers, including relatives, a planning meeting with the Fostering for Adoption carers and all professionals involved should take place to consider the new information at the earliest opportunity, so that the carers can make an informed choice about their position. Similarly, this also allows the local authority to consider their position in light of the change in circumstances.
Applications for Special Guardianship Orders This procedure outlines Sandwell Borough Councils position in respect of Special Guardianship orders.
New Chapters and Features
Chapter Name Details

Lone Working

This procedure covers work that involves risks associated with working alone:

  • Possible violence and aggression towards workers;
  • Accidental injury on land and in premises;
  • Vehicle accident/break-down;
  • Ill-health of the worker;
  • Security of ICT and mobile equipment and data.

Guidance for Children Missing from Home or Care

This guidance defines the roles and responsibilities of parents and carers (including kinship carers and foster carers), residential staff, the Police, Children's Services and other relevant practitioners. It applies to all children that are missing, including:

  • All children under 18 who go missing from their family home;
  • All children in the care of Sandwell Children's Trust placed outside of Sandwell;
  • All children in the care of Sandwell Children's Trust placed with Local Authority carers;
  • All children placed in private establishments or with Independent Fostering Agencies within Sandwell, where compliance with the guidance is specified in the contract or placement agreement;
  • Children in the care of a responsible Local Authority who are placed in Sandwell (as the host authority);
  • All children in Sandwell for who the Local Authorities have continuing responsibilities towards as Care Leavers.
Unaccompanied Asylum Seeking Children This guidance is for social care staff working with unaccompanied asylum seeking children It is applicable to all unaccompanied asylum seeking children up to the age of 18 years. It is relevant to social workers and their managers within Sandwell Childrens Services, particularly within the Emergency Duty Team (EDT), Single Assessment Team, Looked after Children (LAC) Team and Leaving Care Team as well as Independent Reviewing Officers (IRO). It sets out best practice when assisting unaccompanied asylum seeking children to obtain the services and support they need.
16/17 Year Old Homeless Flowchart Flowchart setting out the process to follow for 16/17 year old with housing needs.
Social Work Learning Resources This section provides a range of web links to national web sites that support the safeguarding of children. It includes links to Research in Practice and Community Care Inform of which you are members.