Amendments

This chapter has been amended throughout in line with Management Guidance in Public Law Children Cases: March 2022 and A View From the President’s Chambers: Relaunching the PLO (November 2022).

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

This chapter has been significantly amended to reflect the ‘Review of Sexual Abuse in Schools and Colleges (Ofsted, June 2021)’; updated ‘Keeping Children Safe in Education’ (see Scope Box) and Sexual Harassment in Education – Briefing (House Of Parliament Library, June 2021). (See Section 8.2, Protecting looked after children from sexual harassment and child on child abuse).

This chapter has been reviewed and updated to reflect guidance from the refreshed Working Together to Safeguard Children.

This chapter has been updated to reflect Practice Guidance on Special Guardianship (Family Justice Council, June 2020). See in particular Section 10, Expectations of the Local Authority by the Court.

This chapter has been updated. A link added to the Independent Child Trafficking Guardians Referral Form. In areas where the ICTG service has been implemented, if the social worker considers a child to be a potential victim of modern slavery, they should refer them to the ICTG service by completing the online referral form.

Section 6.1, Placement Options has been updated in relation to placements in 'other arrangements'. Section 4, Assessment has been updated in relation to Age Assessments.

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.

This chapter has been updated to reference and reflect the Family Court Justice Interim Guidance on Special Guardianship, Courts and Tribunals Judiciary.

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. In addition, a new subsection of Section 5.1, Local Authority Documentation 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.

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

Amendments have been made in:

• Section 5, Leaving Care Assessment of Need - in relation to children who are victims of trafficking or unaccompanied asylum seeking children;
• Section 7, Reviews of Pathway Plans - in relation to Relevant/Former Relevant young people moving to 'unregulated' accommodation; and
• Section 8, Personal Advisers - in relation to frequency of visits by Personal Advisers.

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.

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.

Section 1, Planning for Permanence has been updated to reflect section 9 Children and Social Work Act 2017. Whenever a court or adoption agency is coming to a decision relating to the adoption of a child, an additional consideration is added by of the relationship which the child has with any person who is a prospective adopter with whom the child is placed.

A link has been added to this resource.

Everyone working with (or caring for) any young person from the age of 16 who may lack capacity must comply with the Mental Capacity Act.

A link has been added to this resource.

Case-law makes clear that social workers and local authorities need to consider whether children in care or cared for away from home in other settings may be subject to a Deprivation of Liberty and, if so, what authorisation is required.

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').

A link has been added to Practice Guidance: Supporting Young People with HIV Testing and Prevention.

This practice guidance is for professionals who do not provide HIV testing, treatment or advice as part of their day-to-day work. It is primarily intended for those working outside health settings, such as social workers or voluntary sector practitioners.

This chapter has been updated to clarify the level of parental responsibility extended to the Special Guardian. Further detail has been added with regard to who may apply for Special Guardianship.

A link has been added to the DfE Special Guardianship Guidance (2016).

Nominated Officer (Placement of a Looked After Child subject to Care Order or Interim Care Order with Parents) and has been updated.

This chapter has been refreshed throughout. Appendices have been added:

• Appendix 1: Flowchart - Family and Friend / Connected Person Assessments;
• Appendix 2: Schedule 4 Front Sheet;
• Appendix 3: Part A;
• Appendix 4: Viability Template Regulation 24 Schedule 4 Assessment.

The following replacement/new Appendices have been added:

• Appendix 2 Leaving Care Assessment of Need (replacement);
• Appendix 3: Pathway Plan (replacement);
• Appendix 4: Leaving Care Policy Framework (Flowchart) (new);
• Appendix 5: Assessment, Pathway Plan and Case Responsibility Flowchart (new).

The following updated versions have been added:

• Staying Put Flowchart;
• Staying Put Roles and Responsibilities Table;
• Staying Put Living Together Agreement;
• Staying Put Rent and Housing Benefit Contributions Table.

This chapter has been amended to reflect changes to the Police and Criminal Evidence Act 1984 (PACE) which defines "arrested juvenile" for the purpose of Part 4 of that Act (detention). The effect of the change is that 17 year olds are included in the definition of "arrested juvenile". The amendments made by section 42 of the Act came into force on 26th October 2015.

This chapter has been updated to include the requirements of The Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review.