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Contents

1. Duty to Refer 
2. Urgent Medical Treatment 
3. Ensuring Immediate Safety 
4. Confidentiality  
5. Responding to a Child’s Information  
6. Parental Consultation 
7. Making a Referral
8. How Referrals will be Received  
9. Where There is or may be a Crime Committed 
10. The Outcome of a Referral  
11. Emergency Protective Action 
12. Cross Boundary Referrals
13. Pre-Birth Referrals 
14. Recording 

1.  Duty to Refer

Professionals, employees, managers, helpers, carers and volunteers in all agencies must make a referral to Children and Young People’s Services:

• If it is believed or suspected that a child is suffering or is likely to suffer Significant Harm, or
• Where a professional has identified unmet need in relation to a Child in Need

A referral must be made as soon as possible when any concern of significant harm becomes known - the greater the level of perceived risk, the more urgent the action should be. 

IF YOU ARE WORRIED ABOUT A CHILD YOU HAVE A DUTY TO REFER

The belief or suspicion about significant harm may be based on information which comes from different sources.  It may arise in the context of the Common Assessment Framework where the Lead Professional becomes concerned about the extent of the child’s unmet needs and the risk of harm to the child.  It may come from a member of the public, the child concerned, another child, a family member or other professional staff.  It may relate to a single incident or an accumulation of lower level concerns.

The information may also relate to harm caused by another child, in which case both children, i.e. the suspected perpetrator and victim, must be referred.

The suspicion or allegation may relate to a parent or professional or volunteer caring for or working with the child – see Managing Allegations against Adults who work with Children and Young People Procedure.

A referral must be made even if it is known that Children and Young People’s Services are already involved with the child/family.

Advice and consultation may be sought about the appropriateness of the referral by contacting the local Children and Young People’s Services or, if the case is open, from the allocated social worker.  Alternatively advice may be sought from the Police or a Designated Professional or Named Professional within your agency.

Where consultation is sought and Children and Young People’s Services conclude that a referral is required, the information provided so far must be considered and responded to as a referral, and the referrer must be advised accordingly.

WHEN IN DOUBT, CONCERNS MUST BE SHARED APPROPRIATELY.

2.  Urgent Medical Treatment

If the child is suffering from a serious injury or requires urgent medical treatment, medical attention must be sought immediately by calling an ambulance or taking the child to the Accident and Emergency Department of the local hospital.  The duty Consultant Paediatrician must be informed of the nature of the concerns about the child.

Where abuse or neglect is suspected as a possible cause, a referral needs to be made to Children and Young People’s Services in accordance with this procedure as soon as practicably possible and advice sought on the arrangements for informing the child’s parent or carers. 

3.  Ensuring Immediate Safety

The safety of children is paramount in all decisions relating to their welfare.  Any action taken by staff should ensure that no child is left in immediate danger.

When considering whether immediate action is required to protect a child, all agencies should also consider whether action is required to safeguard and protect the welfare of any other children in the same household or related to the household or the household of an alleged perpetrator or elsewhere e.g. a work environment such as a school.

The law empowers anyone who has care of a child to do all that is reasonable in the circumstances to safeguard her/his welfare (Section 3(5) of the Children Act 1989.)

A teacher, foster carer, childminder or any professional should, for example, take all reasonable steps to ensure a child immediate protection from an abusive parent.

The Police also have powers to place the child in Police Protection.

Where abuse is alleged, suspected or confirmed in children admitted to hospital, a referral must be made to Children and Young People’s Services and arrangements for the child’s discharge must be discussed with Children and Young People’s Services to ensure that adequate plans are in place to safeguard the child, including whether there is a need for any immediate protective action.  The child’s discharge must be authorised by a Consultant Paediatrician.

No child known to Children and Young People’s Services who is an inpatient in a hospital and about whom there are child protection concerns should be taken home without a referral to establish that the home environment is safe, the concerns by medical staff are fully addressed and there is a plan in place for the ongoing promotion and safeguarding of the child’s welfare.

4.  Confidentiality

The safety and welfare of the child overrides all other considerations, including the following:

• Confidentiality;
• Gathering of evidence; 
• Commitment or loyalty to relatives, friends or colleagues

In deciding whether there is a need to share information, practitioners must consider their legal obligations, including whether they have a legal duty of confidentiality towards the child.  Where there is such a duty, the practitioner may lawfully share information if the child consents or if there is a public interest to do so, for example the public interest in protecting the child from harm.  This must be judged by the practitioner on the facts of each case. 

Where there is clear risk of Significant Harm to a child, or serious harm to adults, the public interest test will almost certainly be satisfied.  However, there will be other cases where it is not so clear.  In these cases, professionals will be justified in sharing some confidential information as part of their consultation with others, to enable them to make a decision about whether to make a referral and share fuller information.  In these circumstances, the information shared should be proportionate and if appropriate anonymised.

The overriding consideration must be the best interests of the child - for this reason, absolute confidentiality cannot and should not be promised to anyone.

If suspicions or allegations are about relatives, friends or colleagues, professional or otherwise, the concerns must not be discussed with them before making the referral.

Individual members of the public who make a referral may prefer not to give their name or alternatively they may disclose their identity, but not wish for it to be revealed to the parents/carers of the child concerned.

Wherever possible, Children and Young People’s Services workers receiving referrals should encourage the referrer to share their identity, but will respect the referrer’s request for anonymity, if possible. The referrer should be informed that this cannot be guaranteed. However, referrers should not be given any guarantees of confidentiality, as there are certain limited circumstances in which the identity of a referrer may have to be given e.g. the Criminal or Family Court arena.

For further guidance, see Information Sharing and Confidentiality Procedure

5.  Responding to a Child’s Information

If a child makes an allegation or discloses information which raises concern about Significant Harm, the initial response should be limited to listening carefully to what the child says so as to:

• Clarify the concerns 
• Offer reassurance as far as possible; and
• Explain that the information will be passed to the Children and Young People’s Services and/or the Police

If a child is freely recalling events, the response should be to listen, rather than stop the child; however, it is important that the child should not be asked to repeat the information to a colleague or asked to write the information down.

If the child has an injury but no explanation is volunteered, it is acceptable to enquire how the injury was sustained.

However, the child must not be pressed for information, led or cross-examined or given false assurances of absolute confidentiality.  Such well-intentioned actions could prejudice police investigations, especially in cases of Sexual Abuse.

A record of all conversations, (including the timings, the setting, those present, as well as what was said by all parties) and actions must be kept.

No enquiries or investigations may be initiated without the authority of Children and Young People’s Services or the Police.

If the child can understand the significance and consequences of making a referral, he/she should be asked her/his views by the referring professional.

Whilst the child’s views should be considered, it remains the responsibility of the professional to take whatever action is required to ensure the safety of that child and any other children.

Practitioners should ensure that in responding to the child, they take account of any language or communication difficulties that the child has. 

6.  Parental Consultation

Practitioners should discuss concerns with the family and seek the family’s agreement to the referral unless this may:

• Place the child at increased risk of Significant Harm or
• Place any other person at risk of injury or
• Obstruct a Police investigation 

IF IN DOUBT, CONSULT

The outcome of the consultation and any further advice should be fully recorded. 

For further detailed guidance, see also Information Sharing and Confidentiality Procedure.

Where a parent has agreed to a referral, this must be recorded and confirmed on the Referral Form.

A decision by any professional not to seek parental permission before making a referral to Children and Young People’s Services must be recorded and the reasons given.

If, after consultation, it is decided to seek parental agreement but this is withheld and it is still considered that there is a need for a referral, the reason for proceeding without parental agreement must be recorded and Children and Young People’s Services should be told that the parent has withheld her/his permission.

7.  Making A Referral

Referrals must be made in one of the following ways:

• In writing, using the appropriate Referral Form addressed to the relevant Children and Young People’s Services office
• In person or by telephone contact, to the relevant Children and Young People’s Services office
• In an emergency outside office hours, by contacting the Emergency Duty Team or the Police

All professionals must confirm verbal and telephone referrals in writing within 2 working days of being made, using the Referral Form, unless the referrer is a Police officer who is to be involved in the investigation. 

Referrals should be made to the duty officer at the local Children and Young People’s Services team where the child is living or is found. 

If the child is known to have an allocated social worker, referrals should be made directly to the allocated worker or, in her/his absence, the manager or a duty officer in that team.

If the concern arises out of office hours, the referral must be made to the Emergency Duty Team of Children and Young People’s Services. 

If it is not possible to contact the relevant Children and Young People’s Services office, the concern must be reported to the Police Public Protection Unit or if not available to the Duty Inspector at the nearest police station. 

All agencies should have internal policies and procedures, that link with this version of the inter agency child protection procedures and which identify Designated Professionals or Named Professionals - managers or staff, who are able to offer advice on child protection matters and decide upon the necessity for a referral.

Consultation on any matter regarding the safety of a child can also take place directly with the Children and Young People’s Services team.

Arrangements within an agency may be that a designated or named person makes the referral.  However, if the designated or named person is not available, the referral must still be made without delay. 

A referral or any urgent medical treatment must not be delayed by the unavailability of designated or named staff.

In the event that an agency does not agree with the response and decisions about the referral by Children and Young People’s Services, the referring agency should discuss their concerns directly with the line manager of the social worker, in the first instance to seek resolution.  See also Resolution of Professional Disagreements Procedure.

The person making the referral should use the Common Assessment Framework to convey the required information, if one has been undertaken.  Otherwise, the referrer should provide the following, if available – although absence of information must not delay a referral:

• Full name, date of birth and gender of child/children
• Full family address and any known previous addresses
• Ethnicity, first language and religion of children and parents/carers
• Identity of those with Parental Responsibility
• The name of the family’s GP
• Names, date of birth and information about all household members, including any other children in the family, and significant people who live outside the child’s household
• Any need for an interpreter, signer or other communication aid
• Any special needs of the child/ren
• Is the child registered at a school or regularly attending a school or nursery?
• Any significant/important recent or historical events/incidents in the child or family’s life
• Has the child recently spent time abroad or recently arrived in the area?
• Cause for concern including details of any allegations, their sources, timing and location and a body map where appropriate
• The identity and current whereabouts of the suspected/alleged perpetrator
• The child’s current location and emotional and physical condition
• Whether the child is currently safe or is in need of immediate protection because of any approaching deadlines (e.g. child about to be collected by alleged abuser)
• The child’s account and the parents’ response to the concerns if known
• The referrer’s relationship and knowledge of the child and parents/carers
• Any health and safety issues of concern for staff
• Known current or previous involvement of other agencies/professionals
• Information regarding parental knowledge of, and agreement to, the referral

8.  How Referrals Will Be Received

Children and Young People’s Services will ensure that a process is in place to receive child protection referrals; outside normal working hours, the Emergency Duty Team will receive referrals.

Referrers should have an opportunity to discuss their concerns with a qualified social worker.

The worker receiving a referral will establish:

• The nature of the concern
• How and why it has arisen
• What the child’s and family’s needs appear to be
• Whether any child has suffered or is likely to suffer Significant Harm
• Whether there is any need for any urgent action to protect the child, any other child in the same household or any child in contact with an alleged perpetrator

To do so, the worker receiving the referral will usually discuss the case with the referrer and in doing so, will:

• Give their name and designation
• Help the referrer to give as much relevant information as possible and repeat back to the referrer the key points
• Clarify information that the referrer is reporting directly and information that has been obtained from a third party
• Discuss whether there are concerns about abuse and/or neglect and if so, what is their foundation
• Ask specifically if the referrer holds any information about difficulties being experienced by the family/household due to domestic abuse, mental illness, substance misuse, and/or learning difficulties.
• Clarify who has and who has not been told about the referral 
• Clarify the whereabouts of the child
• Agree how to re-contact the referrer if further clarification is required
• Clarify the extent to which the referrer’s anonymity can be maintained (if this is an issue in the case of a non-professional referrer)
• Clarify expectations about how and when feedback is to be given

At the end of any discussion about a child, the referrer (whether a professional or a member of the public or family) and the relevant worker from Children and Young People’s Services should be clear about timescales and any proposed action and who will be taking it, or if no further action will be taken.  The outcome should be recorded by the Children and Young People’s Services and by the referrer (if a professional in another service) on the relevant forms including the Referral Form.

The Children and Young People’s Services should acknowledge receipt of a written referral within ONE working day. If the referrer has not received an acknowledgement within THREE working days they should make contact with the relevant manager in the Children and Young People’s Services Team.

The worker receiving the referral must consider whether there are other children in the same household, the household of an alleged perpetrator or elsewhere, who should be considered as part of the referral. 

The worker receiving the referral will also:

• Check whether the child has a Child Protection Plan and whether there has been any previous involvement with Children and Young People’s Services in relation to the child or children concerned and any other members of the household
• Identify other agencies or persons who may hold relevant information
• Consult the Police as appropriate
• Consult other agencies as appropriate

Parents should be informed of the referral and their permission sought to share information with other agencies unless to do so may:

• Place the child at increased risk of Significant Harm or
• Place any other person at risk of injury or
• Obstruct a Police investigation. 

In these circumstances, a manager from Children and Young People’s Services may decide to consult other relevant agencies without seeking parental consent.  Any such decision must be recorded with reasons. 

See also Information Sharing and Confidentiality Procedure.

9.  Where There is or may be a Crime Committed

If the referral relates to a situation in which a crime has or may have been committed, including sexual or physical assault or physical injury caused by neglect, the worker receiving the referral must discuss the referral with the Police at the earliest opportunity and make arrangements for a Strategy Discussion/Meeting to take place.

The Police, in consultation with Children and Young People’s Services and any other agencies involved with the child, must consider whether there should be a criminal investigation and/or a Children and Young People’s Services led intervention. In accordance with the national crime recording standards, if a crime has not been established the Police will record a child protection incident, a process which is accountable and auditable. See Protocol between West Mercia Constabulary and Children and Young People’s Services regarding Section 47 Enquiries and Criminal Investigations.

Whilst the responsibility to instigate criminal proceedings rests with the Police, they should consider the view expressed by other agencies.  In some circumstances with less serious cases, it may be agreed that the best interests of the child would be served by a Children and Young People’s Services led intervention rather than a full police investigation.

10.  The Outcome of a Referral

Children and Young People’s Services will decide upon and record their next steps of action within one working day of receiving a referral. 

The decision about future action will take account of the discussion with the referrer, consideration of information held in existing records and discussion with any other professionals or services as necessary (including the Police where a crime against a child may have been committed- see Section 9.

The outcome of the referral will be:

• That the child appears to be a Child in Need and there are concerns about the child’s health and development which justify an Initial Assessment
• That there is reason to believe that child has suffered or is likely to suffer Significant Harm which justifies an Initial Assessment (which may be very brief if the criteria for initiating a Section 47 Enquiry are met)
• That emergency protective action should be taken to safeguard the child or children (this will usually be determined by an immediate Strategy Discussion) (see Section 11) or
• That the Common Assessment Framework process is appropriate at this stage; or
• That the provision of advice and information is made; or
• That no further action is required

Feedback on the outcome of a referral should be provided to the referrer, including where no further action is to be taken. 

In the case of a referral by a member of the public, feedback should be provided in a way which will respect the confidentiality of the child.

11.  Emergency Protective Action

Where there is a risk to the life of a child or the possibility of serious immediate harm, the Police officer and/or social worker must act with urgency to secure the safety of the child.

The agency taking protective action must also always consider whether action is required to safeguard other children in the same household, the household of an alleged perpetrator or elsewhere (for example the place of work).

Immediate protection may be achieved by:

• An alleged abuser agreeing to leave the home
• The arrest of the alleged abuser by the Police.
• A voluntary agreement for the child to move to a safer place
• The removal of the child by the Police using their powers of Police Protection
• Application for an Emergency Protection Order

Planned immediate protection will normally take place following a Strategy Discussion/Meeting. 

Where a single agency has to act immediately to protect a child, a Strategy Discussion/Meeting should take place as soon as possible to plan further action.

Legal advice must be sought in every case where emergency action may be undertaken by the local authority to safeguard the child.  If legal advice is not obtained, the reason must be recorded on the child’s record.

The local authority where the child is found is responsible for taking emergency action.  If the child is Looked After by another local authority or the subject of a Child Protection Plan in another local authority area, the local authority responsible for the child should wherever possible be involved.  Only if that authority accepts responsibility for taking action is the first authority relieved of the responsibility to take emergency action.

See also Children Moving Across Local Authority Boundaries Procedure.

Where an Emergency Protection Order is applied for, Children and Young People’s Services needs to consider whether to initiate Care Proceedings in relation to the child or whether to allow the Order to lapse.

12.  Cross Boundary Referrals

If the referral relates to a child whose home is in one area and is visiting another local authority or in a hospital in the area of another authority, the local authority/Police for the area where the child actually is at the time have prime responsibility for acting upon the referral. 

The referral should be passed immediately to the authority where the child is found for them to follow the necessary procedures and to undertake a Section 47 Enquiry and/or take any immediate protective action that is necessary.  They will be responsible for liaising with the relevant local Children and Young People’s Services as necessary.

Before undertaking such enquiries, the child’s home authority must be consulted and agreement sought on who is best placed to undertake the enquiries.  Where this is consistent with the child’s immediate protection needs, it may be agreed that the child’s home authority will respond to the referral.

For those children from other local authority areas, who are the subject of Child Protection Plans, there must be consultation with the responsible Lead Social Worker.

Any local authority or agency which has knowledge of the child or family should be consulted and invited to attend or to contribute to the Strategy Discussion/Meeting.

The Strategy Discussion/Meeting, clarifying roles, responsibilities and timescales for actions, must be recorded on the relevant forms and copies of the record distributed within ONE working day, to all relevant parties.

See also Children Moving Across Local Authority Boundaries Procedure.

13.  Pre Birth Referrals

13.1

Making a Referral Where agencies or individuals anticipate that prospective parents may need additional support services to care for their baby or that the baby may be at risk of Significant Harm, a referral to Children and Young People’s Services must be made as soon as the concerns are recognised. Where the concerns centre around a category of parenting behaviour, for example substance misuse, the referrer must make clear how this is likely to impact on the baby and what risks are predicted. Delay must be avoided when making referrals in order to: Provide sufficient time to make adequate plans for the baby’s protection Provide sufficient time for a full and informed assessment Avoid initial approaches to parents in the last stages of pregnancy, at what is already an emotionally charged time Enable parents to have more time to contribute their own ideas and solutions to concerns and increase the likelihood of a positive outcome to assessments Enable the early planning and provision of support/specialist services as appropriate Concerns should be shared with prospective parent/s and consent obtained to refer to Children and Young People’s Services unless this action in itself may place the welfare of the unborn child at risk e.g. if there are concerns that the parent/s may move to avoid contact with social workers or other professionals.

13.2

The Outcome of Referrals A pre-birth Initial Assessment should be undertaken on all pre-birth referrals where it appears that the baby is likely to suffer significant harm on the basis of the history or personal characteristics of the mother or an adult in the household.

14.  Recording

The referrer should keep a written record of:

• Discussions with the child
• Discussions with the parent
• Discussions with managers
• Information provided to the duty social worker
• Decisions taken (clearly timed, dated and signed)

The referrer should confirm verbal and telephone referrals in writing, within 2 working days using the appropriate Referral Form.

The duty social worker receiving the referral should keep a written record of:

• Discussions with the referrer
• Discussions with any other professionals or agencies involved (including the Police where a crime against a child may have been committed)
• Any other relevant information which was taken into account
• Discussions with managers
• Decisions taken (clearly timed, dated and signed)

Records (both of the referrer and those receiving the referral) should be reviewed at regular intervals to ensure that decisions taken are followed through.

End