April 2024
Updated Chapters | |
Chapter Name | Details |
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. |
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Children and Young People Aged 0-25 with Special Educational Needs and Disabilities |
This chapter has been amended to include information from Special Educational Needs and Disability: Improving Local Authority Decision Making - Report of the Administrative Justice Council’s Working Group on Special Educational Needs and Disability. |
Section 5.2.5, Providing Support has been updated to reflect the Home Office increase in financial support to individuals waiting to find out if they will be given asylum in the UK. |
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Section 4, Different Situations whereby Children may be Living with Family and Friend Carers has been updated to include information about Ukrainian children being cared for my family and friends in the UK. |
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This chapter has been refreshed. |
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Section 2, Ordinary Residence has been updated in line with case law. |
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This chapter has been updated to include information from Guidance - Placing Children: Deprivation of Liberty Orders - guidance for providers, social workers and placement commissioners on placing children, subject to a deprivation of liberty order (DoL), in unregistered settings and President of the Family Division Practice Guidance: Placements in Unregistered Children’s Homes in England or Unregistered Care Home Services in Wales. |
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Section 10, Use of Inherent Jurisdiction to Authorise a Placement Involving a Deprivation of Liberty has been updated to include information from Guidance - Placing Children: Deprivation of Liberty Orders - guidance for providers, social workers and placement commissioners on placing children, subject to a deprivation of liberty order (DoL), in unregistered settings and President of the Family Division Practice Guidance: Placements in Unregistered Children’s Homes in England or Unregistered Care Home Services in Wales. |
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Additional information has been added about online safety. |
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This chapter has been refreshed and a link added to National Early Permanence Practice Standards (Coram Centre for Early Permanence). |
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New Chapters and Features | |
Chapter Name | Details |
Dangerous Dogs Practice Guidance (Barnsley Safeguarding Partnership) |
A link to this Practice Guidance has been added to the manual. |
This chapter has been added to the manual. |
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This chapter has been added to the manual. |
Next Update: October 2024 |
Archive
October 2023
Updated Chapters | |
Chapter Name | Details |
Capacity and Consent |
Amendments have been made to reflect case-law in relation to assessing legal capacity. |
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. |
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities |
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. It has also 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. |
Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery |
Information in relation to the National Age Assessment Board has been added into Section 4, Assessment. |
Family and Friends Carers Policy and Procedures |
This chapter has been refreshed. |
Decision to Look After |
Section 3, Section 20 Accommodation has been updated in line with case-law |
Health and Safety |
Information in relation to allergies has been added into Section 6, Diet, Nutrition and Allergies. |
Health Assessments and Plans |
Information in relation to allergies has been added into Section 4, Health Plans. |
Marriage / Civil Partnership of a Child in Care |
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. |
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 |
Children Involved in the Youth Justice System: Additional National Guidance |
This chapter has been added to the manual. |
Ofsted Inspection Framework |
This chapter has been added to the manual. |
April 2023
Updated Chapters | |
Chapter Name | Details |
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. |
Case Records and Retention | This chapter has been updated in relation to the Independent Inquiry into Child Sexual Abuse. |
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 and a link to Self-harm: Assessment, Management and Preventing Recurrence NICE Guidance in the Further Information section. |
Placements Outside England and Wales | Section 3, Placements in Scotland, Northern Ireland, Isle of Man, 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 Family Time 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. |
Children in Care in Contact with Youth Justice Services | Section 2, Children in Care who are Arrested has been updated in relation to appropriate adults. |
Recruitment, Assessment and Approval 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. |
December 2022
New Chapters and Features | |
Chapter Name | Details |
Barnsley Children’s Services Practice Standards | This new link has been added. |
Visiting Framework (Barnsley Childrens Social Care) | This new link has been added. |
November 2022
Updated Chapters | |
Chapter Name | Details |
Children's Social Care Protocol for Supporting Staff Working with Parents/Carers Who Need Additional Support and Support Plan | The document Barnsley Children's Social Care Protocol for Supporting Staff Working with Parents/Carers Who Need Additional Support has been updated. |
October 2022
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 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. |
Aftercare Under Section 117 of the Mental Health Act 1983 | Section 2, Ordinary Residence, has been updated to reflect recent case law. |
Decision to Look After | 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 (see Section 5, Administration/Process Issues). |
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 (see Section 4, Placement Planning). |
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 (see Section 2.3, Placement Planning). |
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. |
Contact with Parents/Adults and Siblings | A link to Childnet Parents and Carers Toolkit has been added to the Relevant Guidance section of this chapter |
Positive Relationships and Behaviour Management | This chapter has been updated. |
Restrictive Physical Intervention and Restraint | This chapter has been given a refresh and Section 1, Introduction, Section 8, Children and Young People with Extra Support Needs and Section 10, After Applying Restraint have been added. |
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 of This Chapter). |
Fostering Panel | This chapter has been updated. |
Allegations Against Foster Carers | 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 |
Equality and Diversity | This chapter has been added. |
Care Planning | This chapter has been added. |
Risk Assessment and Planning | This chapter has been added. |
Health and Safety | This chapter has been added. |
Leisure Activities | This chapter has been added. |
Providing Personalised Care | This chapter has been added. |
Training and Development of Foster Carers | This chapter has been added. |
April 2022
Updated Chapters | |
Chapter Name | Details |
Capacity and Consent | Section 4.3, Consent to the Use of Medication to Suppress Puberty has been updated in line with case-law. |
Care and Supervision Proceedings and the Public Law Outline | This chapter has been substantially updated and should be re-read. |
Legal Gateway/Planning Meetings | This chapter has been substantially updated and should be re-read. |
Complaints and Representations | This chapter has been updated to reflect the Children's Statutory Complaint Process: Guide for Practitioners (Local Government & Social Care Ombudsman, 2021). (See Relevant Guidance). |
Electronic Recording of Meetings and Conversations | Part 1 of this chapter has been updated in line with case-law. Information has also been added on recording by employees in a professional capacity. |
Use of Social Media Sites | This chapter has been given a general refresh. |
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 has been added in to Section 7, Short Break Settings, 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. |
Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery | A link has been 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 was updated in relation to placements in 'other arrangements'. Section 4, Assessment was updated in relation to Age Assessments. |
Decision to Look After and Care Planning | Section 1.3, Section 20 Accommodation was 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 | Section 1, Planned Placements has been updated to add information on placements in 'other arrangements'. |
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 has been added in to Section 3, Local Authority Accommodation, in relation to children under the age of 16 being placed in 'other arrangements' placements. |
Restrictive Physical Intervention | A link has been added to Ofsted Guidance – Positive Environments Where Children Can Flourish. |
New Chapters and Features | |
Chapter Name | Details |
Placements in Other Arrangements | This procedure has been added to the manual. |
October 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 has been updated to reflect revisions contained in the statutory guidance Working Together to Safeguard Children. |
Care and Supervision Proceedings and the Public Law Outline | This chapter has been updated. 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 and Practice Guidance on Special Guardianship (Family Justice Council, June 2020). See in particular Section 9, Expectations of the Local Authority by the Court. |
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities | This chapter has been amended. 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. |
Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery | Minor amendments have been made to this chapter in line with the UK's exit from the EEA. |
Families with No Recourse to Public Funds | This chapter have been substantially updated and should be re-read. |
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 the publication 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). |
Relinquished Children | This chapter has been updated to reflect case-law setting out lessons for the future in non-notification cases. |
Criminal Injuries Compensation Authority Claims for Children in Care | 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 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 Outside England and Wales | This chapter has been updated. 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. |
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. |
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 | 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. And A link to the publication Joint Housing Protocols for Care Leavers: Good Practice Advice (DfE and MHCLG) has been added. The publication seeks 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 Children in Care 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) 2020. (See Section 3.9, Planning for Release). |
Applications for Special Guardianship Orders | This procedure has been updated to reflect Practice Guidance on Special Guardianship published by the Family Justice Council (June 2020). |
Court Reports in Placement Order Applications and Adoption/Special Guardianship Guidance | 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 |
Aftercare Under Section 117 of the Mental Health Act 1983 | This chapter has been added to the manual. |
April 2021
Updated Chapters | |
Chapter Name | Details |
Capacity and Consent | A new Section 6, NICE Quality Standard: Decision-Making and Mental Capacity has been added. |
Complaints and Representations | Information contained in this procedure has been reviewed and refreshed to ensure it continues to reflect best practice in responding to complaints. |
Families with No Recourse to Public Funds | This guidance has been extensively refreshed and should be reread in its entirety. |
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. In addition, Section 6, Placements of Children under 13 years has been updated following publication of revised DfE guidance. |
Access to Birth Records and Adoption Case Records | This guidance 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 |
Children's Social Care Protocol for Supporting Staff Working with Parents/Carers Who Need Additional Support and Support Plan | This new protocol is to support staff who are working with parents/carers who require additional support and contact than would normally be expected. This protocol does not duplicate or replace any other corporate policy's but aims to set out the support to social workers and managers when working with parents/carers whose expectations of contact and communication is persistently so demanding that the capacity of the social worker or service is impinged. Where this means that other families are receiving a lesser service or that the social worker, team manager is at danger of being overwhelmed this protocol should be instigated. The protocol is also aimed at alleviating the concern that a parent or carer may have and ensuring that through clear and consistent communication there is an agreed plan of contact and that the parent/carer is heard and feels heard. The linked Communication Plan sets out the frequency of routine communication between a parent/carer and the child's social worker. |
Practice Guide - The Use of Section 20 of the Children Act 1989 in the Context of Child Protection | This Practice Guide has been agreed between the Designated Family Judge for Sheffield, Sheffield City Council, Barnsley MBC, Doncaster MBC and Rotherham MBC. It sets out best practice to be followed in the use of section 20 of the Children Act 1989 as a child protection measure for the safeguarding of children in South Yorkshire. It incorporates the recent joint guidance published by the ADCS and CAFCASS. |
October 2020
Updated Chapters | |
Chapter Name | Details |
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. |
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. |
Adoption Support | This guidance has been reviewed locally and updated as required. |
New Chapters and Features | |
Chapter Name | Details |
Capacity and Consent | This new chapter offers guidance in relation to the various situations in which consent is likely to be sought, with reference to previous legal judgements. This is a potentially complex practice arena and if a practitioner is in any doubt about gaining consent, they should always seek further advice from managers and legal advice must be sought as necessary. |
Storage of Data on Mobile Devices | This new chapter provides guidance on the storage of personal data (including photographs) on mobile devices. 'Personal data' is any information about an identifiable living individual. 'Mobile devices' includes memory sticks, mobile telephones including smartphones, tablet technologies, netbooks and laptops. |
Use of Social Media Sites by Social Care and Safeguarding Staff | The use of social media in a social care and safeguarding environment is a developing area. Cases and reviews have discussed the use of social media in social work practice. There is, however, currently no specific government guidance on the issue. This new chapter is designed to highlight some of the issues to be considered, with links to additional information. It is not intended to provide any legal advice, and legal advice must be sought as appropriate. Local Authorities and Courts may have local protocols in place on the use of social media/service of documents. |
April 2020
Updated Chapters | |
Chapter Name | Details |
Care and Supervision Proceedings and the Public Law Outline | This chapter has been updated to reference and reflect the Family Court Justice Interim Guidance on Special Guardianship (Courts and Tribunal Judiciary, May 2019). See Section 1, Introduction for details. |
Recording Policy and Guidelines | This policy and guidelines have been updated to reflect a Blog published on 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 | Section 1, Principles has been updated to draw attention to OFSTED's advice that local authorities should exercise due diligence in ensuring that residential schools for children with SEND are registered with the DFE. |
Secure Accommodation (Criteria) Reviews | This chapter has been reviewed. 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 Looked After Review so the decision can inform the Looked After Review. The reviews must be chaired by different individuals. |
Notifications of Significant Events | This chapter 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. |
Assessment and Approvals of Foster Carers | A link to information sheets for foster carers published on GOV.UK which provides an overview of what to expect when attending an IRM panel has been added. |
Supervision and Support of Foster Carers | This procedure 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 and relevant aspects of Schedule 6 The Fostering Services (England) Regulations 2011. |
Review and Termination of Approval of Foster Carers | A link to information sheets for foster carers published on GOV.UK which provide an overview of what to expect when attending an IRM panel has been added. |
Assessment and Approvals of Prospective Adopters | A link has been added to information sheets published on GOV.UK which provide an overview of what to expect if you're attending an Independent review mechanism (IRM) panel about fostering or adoption. See Section 10, Representations / Independent Review Procedure. |
Access to Birth Records and Adoption Case Records | A link has been added to information sheets published on GOV.UK which provide an overview of what to expect if you're attending an Independent review mechanism (IRM) panel about fostering or adoption. See Section 3.2, Adoption Orders made on or after 30 December 2005. |
Applications for Special Guardianship Orders | This procedure has been updated to reference and reflect the Family Justice Council: Interim Guidance on Special Guardianship (see new Section 6.2, Special Guardianship Applications in Care Proceedings). |
Court Reports in Placement Order Applications and Adoption/Special Guardianship Guidance | This guidance has been updated to note the Family Justice Council: Interim Guidance on Special Guardianship. See Section 3, Special Guardianship - Matters to be Dealt with in Report for the Court and final sections 11 and 12. |
November 2019
Updated Chapters | |
Chapter Name | Details |
Child and Young Person Assessment | Section 16, Contextual Safeguarding has been updated to include links to resources for use by practitioners when carrying out assessments of children and young people. |
Care and Supervision Proceedings and the Public Law Outline | This procedure 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' has been added t to provide 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. |
Recording Policy and Guidelines | This chapter has been amended to reflect HHJ Greensmith's comments in the case of M and N (Children: Local authority gathering, preserving and disclosing evidence) [2018] EWFC 40 (1 June 2018). |
Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery | A new Section 6, Suitable Placements has been added. Details of the National Transfer Scheme Protocol for Unaccompanied Asylum Seeking Children Version have also been added into Section 1, Introduction and Definitions. |
Private Fostering | Section 14, After the Private Fostering Arrangement Ends has been updated to note 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. |
Decision to Look After and Care Planning | This procedure has been updated to reflect Section 3 of the Care Planning and Care Leavers (Amendment) Regulations 2014. The Care Plan must identify whether there is reason to believe the child has been trafficked or is an unaccompanied asylum seeker (see Section 2.1, The Care Plan - Contents). |
Notifications of Significant Events | This guidance has been reviewed and updated throughout to reflect the latest Ofsted guidance in relation to the notification of specified events affecting Children in Care. |
Leaving Care and Transition | Amendments have been made in the following sections:
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Assessment and Approvals of Prospective Adopters | This procedure has been updated as required to reflect the national changes in adoption registration and matching (see Section 9, After the Panel Recommendation). |
Placement for Adoption | This procedure has been updated to reflect the national changes in adoption registration and matching (see Inter Agency Placements and Children Approved for Adoption for Whom no Placement has been Identified). |
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. |
April 2019
Updated Chapters | |
Chapter Name | Details |
Child and Young Person Assessment | This guidance has been revised to reflect updated guidance on Assessments contained in the Statutory Guidance Working Together to Safeguard Children. |
Care and Supervision Proceedings and the Public Law Outline | This chapter has been amended to reflect HHJ Greensmith's comments in the case of 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). |
Recording Policy and Guidelines | This chapter has been amended to reflect HHJ Greensmith's comments in the case of M and N (Children: Local authority gathering, preserving and disclosing evidence) [2018] EWFC 40 (1 June 2018). |
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 procedure has been updated to include links to the revised statutory guidance Prevention of Homelessness and Provision of accommodation for 16 and 17 year old young people who may be homeless and/or require accommodation (2018), and to the Guide to the duty to refer including the referral process. The duty to refer was brought in by the Homelessness Reduction Act 2017. |
Ceasing to Look After a Child | This chapter has been updated in line with the Children and Social Work Act 2017 and associated revised statutory guidance. The 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 related 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 an 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 DfE 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). |
Remands to Local Authority Accommodation or to Youth Detention Accommodation | This chapter has been updated in relation to the role of the Youth Custody Service Placement Team in placing young people in custody, see Section 2.3, How to Request a Transfer or Placement Review. |
Children in Care in Contact with Youth Justice Services | This chapter has been updated in relation to the role of the Youth Custody Service when placing young people in custody, see Section 7.7, How to Request a Transfer or Placement Review. |
Responsibilities of the Local Authority to Former Children in Care in Custody | This chapter has been updated in relation to the role of the Youth Custody Placement Service in placing young people in custody, see Section 3.8, How to Request a Transfer or Placement Review. |
Adoption Support |
This chapter has been updated in line with the Children and Social Work Act 2017 and revised statutory guidance which requires 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 (paragraph 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 reviewed and should be re-read. |
Later Life Letters | This chapter has been fully reviewed and updated throughout as required. |
October 2018
Updated Chapters | |
Chapter Name | Details |
Children's Services Policies, Values and Principles | A new section on 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 | A new section - Moving to Another Authority – has been added to emphasise the importance of information sharing and communication between the respective local authorities when a Child in Need moves to ensure appropriate services continue for the child and family and, where relevant, that any risk of harm is recognised and identified with the receiving local authority. |
Care and Supervision Proceedings and the Public Law Outline |
This procedure has been updated to reflect the 'permanence provisions' of the Care Plan added by s. 8 Children and Social Work Act 2017 (amending section 31(3B) Children Act 1989) which a court is now also required to consider when deciding whether to make a Care Order. Additional information has also been added in relation to parents who lack capacity, and links added to the President of the Family Division, Family Proceedings: Parents with a Learning Disability note. A links has also been added to Practice Direction 3aa - Vulnerable Persons: Participation in Proceedings and Giving Evidence. |
Recording Policy and Guidelines | This guidance has been updated to reflect the introduction of the new UK General Data Protection Regulations (UK GDPR) and updated 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. |
Access to Records | This procedure has been updated throughout to reflect the UK General Data Protection Regulations (UK GDPR) and Data Protection Act 2018. |
Confidentiality Policy | This policy has been viewed and updated as required to reflect the UK General Data Protection Regulations (UK GDPR) and Data Protection Act 2018. |
Electronic Recording of Meetings and Conversations | This guidance has been reviewed and updated to reflect the UK General Data Protection Regulations (UK GDPR) and Data Protection Act 2018. |
Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery | This guidance has been reviewed throughout and extensively updated to reflect the DfE publication Care of Unaccompanied Migrant Children and Child Victims of Modern Slavery: Statutory Guidance for Local Authorities. |
Relinquished Children | Section 5, Consent and Competency has been updated to include additional information on parental capacity to consent, in line with recent High Court case-law. |
Decision to Look After and Care Planning | Section 2.1.1, The Care Plan – Contents has been updated to reflect the additional 'permanence provisions' of the Care Plan (s. 8 Children and Social Work Act 2017 amends section 31(3B) Children Act 1989) which a court is now also required to consider when deciding whether to make a Care Order. Additional information has also been added in to Section 1.3, Section 20 Accommodation, in line with recent case-law. |
Permanence Planning Guidance | Section 5, Assessing and Planning for Permanence has been updated to reflect the additional 'permanence provisions' of the Care Plan (under s.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. |
Social Worker Visits to Children in Care | 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. |
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 there were concerns of significant delays in planning for their permanence. The court noted the IROs' recognition and action over a number of reviews but acknowledged that a more robust response had been needed. |
Contact with Parents/Adults and Siblings | This guidance has been updated to take account of the ways in which young people in care can use mobile communication to keep in touch with family and friends. |
Health Care Assessments and Plans | A new section on Consent to Health Care Assessments has been added to provide detail on the circumstances when young people can consent to their own Health Care Assessments and treatment. |
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 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'. |
Placement for Adoption | Section 1, Planning for Permanence has been revised to reflect the updated list of considerations (as amended by section 9 Children and Social Work Act 2017) which must be referenced whenever a court or adoption agency is coming to a decision relating to the adoption of a child. Following the introduction of the Children and Social Work Act, this list now includes consideration 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. |
Adoption Case Records | Section 3, Security Retention and Sharing of Records has been updated in line with the Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018, which provide 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. |
Fostering for Adoption / Early Permanence Placements | Section 4.1, Duty to Consider Fostering for Adoption Placement has been revised to reflect the updated list of considerations (as amended by section 9 Children and Social Work Act 2017) which must be referenced whenever a court or adoption agency is coming to a decision relating to the adoption of a child. Following the introduction of the Children and Social Work Act, this list now includes consideration 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. |
Removed Chapters | |
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June 2018
Updated Chapters | |
Chapter Name | Details |
Placements with Connected Persons | Section 5, Assessment and Approval of Connected Persons as Foster Carer has been updated to include a link to additional guidance for social work staff on conducting immediate assessments of connected persons carers. |
April 2018
Updated Chapters | |
Chapter Name | Details |
Contacts and Referrals | This procedure has been revised to set out in more detail the timetable and partnership requirements associated with effectively managing contacts and referrals. |
Recording Policy and Guidelines | Links have been added to the following additional guidance which is available on the BMBC intranet:
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Children and Young People Aged 0-25 with Special Educational Needs and Disabilities | This guidance has been updated to reflect the outcome of a court judgment on Ordinary Residence which was included in the revised DoH, Care and Support Statutory Guidance (December 2016). (See Section 12, Funding Issues - Ordinary Residence for full details). |
Unaccompanied Asylum Seeking Children | Section 3, Assessment has been updated to require that, in advance of undertaking an age assessment for an unaccompanied asylum seeking child, local authorities must seek Home Office assistance with verifying the authenticity of identity documents e.g. travel documents or a birth certificate. A link to the relevant contact details for local authorities has been added. |
Families with No Recourse to Public Funds | A link has been added to information from the Project for the Registration of Children as British Citizens in relation to the responsibilities that local authorities have to ensure that children in their care have effective access to specialist legal advice so their citizenship or any entitlement to citizenship is secured. See Relevant Guidance for full details. |
Advocacy and Independent Visitors | A link has been added to the Children's Society publication, 'Advocacy Services for Children and Young People – a Guide for Commissioners'. |
Looked After Reviews | This procedure has been revised to fully reflect the Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review with respect to the circumstances as to when a Looked After Review should be brought forward. See Section 2, Frequency of Looked After Reviews for full details. |
Assessment and Approvals of Foster Carers | This chapter has had a minor amendment, in Section 8, After the Panel Recommendation a line has been added to clarify that 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. |
Allegations Against Foster Carers | This chapter has been updated. |
Placement for Adoption | This procedure has been updated to emphasise 'procedural fairness' as a key aspect of the adoption planning process in respect of ensuring birth 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 for further information. |
New Chapters and Features | |
Chapter Name | Details |
Deprivation of Liberty | This new procedure should be used by practitioners working with children and young people under the age of 18, to identify if a deprivation of liberty is occurring. |
Mental Capacity | This new section links to an online resource which will support practitioners to understand the Mental Capacity Act and practice confidently. 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 2005. |
Supervision of Staff (2018) | This document outlines the requirements and processes relating to the supervision of staff within Children's Social Care Service. It aims to promote a regular and consistent approach to the formal supervision of staff and contains documentation for recording staff supervision. |