Amendments
January 2024
| Updated Chapters | |
| Chapter Title | Details |
| Capacity and Consent | Amendments have been made to reflect case-law in relation to assessing legal capacity. |
| Aftercare under Section 117 of the Mental Health Act 1983 | Section 2, Ordinary Residence has been updated in line with case law. |
| Children and Young People Aged 0-25 with Special Educational Needs and Disabilities | 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. Information has also been added into Section 15 Resolving Disagreements in relation to legal aid for foster carers and prospective adoptive parents in First Tier Tribunal appeals. |
| Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery | This chapter has been updated. Information has been added in to Section 4, Assessment in relation to the National Age Assessment Board. |
| Families with No Recourse to Public Funds | 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. |
| Care and Supervision Proceedings and the Public Law Outline | Information has been added into Section 4, Care Orders and Supervisions Orders on a Care Plan of the Child Remaining at Home in relation to Supervision Orders, in line with Public Law Working Group (PLWG) Recommendations to Achieve Best Practice in the Child Protection and Family Justice Systems: Supervision Orders. In Section 5, Pre Proceedings the PLO Process Flowchart has been added. |
| Decision to Look After | Section 3, Section 20 Accommodation has been updated in line with case-law. |
| Early Permanence: Fostering for Adoption, Concurrent Planning and Temporary Approval as Foster Carers of Approved Prospective Adopters | This chapter has been refreshed and a link added to National Early Permanence Practice Standards (Coram Centre for Early Permanence). |
| Placements in Residential Care | 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. |
| 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 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. |
| Health and Safety | This chapter has been revised throughout and should be reread. |
| Fostering Panel | This chapter has been rewritten and should be reread. |
| Supervision and Support of Foster Carers | This chapter has been rewritten and should be reread. |
| Scheme of Delegation | The scheme of delegation has been updated. |
| New Chapters and Features | |
| Chapter Title | Details |
| Supporting the Education and Promoting the Achievement of Children with a Social Worker, Looked After and Previously Looked After Children | This chapter has been added to the manual. |
| Assessment and Approval of Connected Person Foster Carers | This chapter has been added. |
| Disability Living Allowance Policy for Foster Carers and Children Looked After | This chapter has been added. |
| Out of Hours Support for Foster Carers and the Children They Look After | This chapter has been added. |
| Ofsted Inspection Framework | This chapter has been added. |
| Removed Chapters | |
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| Next Update: July 2024 |
July 2023
| Updated Chapters | |
| Chapter Title | Details |
| 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). |
| Health and Safety | Information has been added into Section 6, Diet, Nutrition and Allergies, in relation to allergies. |
| Health Care Assessments and Plans | Information in relation to allergies has been added into Section 4, Health Plans. |
| Positive Relationships and Behaviour Management | This chapter has been updated throughout. |
| 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. |
| Leaving Care and Transition | This chapter has been revised to include information from the revised Ofsted inspection framework. Note that with effect from 1 April 2023, the leaving care allowance increased from £2,000 to £3,000. |
| 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. |
| 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). |
| 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. |
| Case Records and Retention | This chapter has been updated in relation to the Independent Inquiry into Child Sexual Abuse. |
| New Chapters and Features | |
| Chapter Title | Details |
| Placements in Other Arrangements | This chapter has been added. |
January 2023
| Updated Chapters | |
| Chapter Title | 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. A link has also been added to Self-harm: Assessment, Management and Preventing Recurrence NICE Guidance in the Further Information section. |
| Applications for Special Guardianship Orders | This chapter has been updated to reflect the updated Public Law Working Group Best Practice Guidance. This includes the new interim guidance, issued by the President of the Family Division, that addresses the lawful extension of care proceedings beyond 26 weeks. Section 6.3, Placement before Special Guardianship Order (SGO) is Granted has been added in line with guidance that states where there is no pre-existing relationship between the child and special guardians the child should be placed on an interim basis before the special guardianship order is made. |
| 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. |
| Family Time 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 Family Time must be clearly recorded in the child's record and shared with the parents within 3 months of the visit. |
| 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. |
| 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. |
August 2022
| Updated Chapters | |
| Chapter Title | Details |
| Aftercare under Section 117 of the Mental Health Act 1983 | Section 2, Ordinary Residence has been updated in line with case-law. |
| Children and Young People Aged 0-25 with Special Educational Needs and Disabilities | Section 15, Resolving Disagreements has been updated in line with the First Tier Tribunal’s extended powers to hear appeals and make non-binding recommendations about health and social care aspects of Education, Health and Care (EHC) plans, provided those appeals also include education elements. |
| Care and Supervision Proceedings and the Public Law Outline | This chapter has been updated and should be re-read. |
| Legal Gateway/Planning Meetings | This chapter has been updated and should be re-read. |
| 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 updated 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. |
| Education of Children with a Social Worker, Looked After and Previously Looked After Children | This chapter has been updated to reflect Keeping Children Safe in Education (2021). Schools should have policies and processes in place to ensure all concerns about all adults working in or on behalf of the school or college (including supply teachers, volunteers and contractors) are dealt with promptly and appropriately. See Section 8.3, Protecting Children with a Social Worker, Looked After Children and Previously Looked After Children from Adults Who May Pose a Risk to Them and/or Other Children in the School. |
| Restrictive Physical Intervention and Restraint | A link has been added to the Ofsted good practice guidance which is non statutory - Guidance: Positive Environments Where Children Can Flourish (Ofsted). |
| Leaving Care and Transition | This chapter has been amended to add a link to the NYAS ‘My Things Matter’ Report – support and respect care-experienced children and their belongings when they move. (See Scope Box.) |
| Allegations Against Foster Carers | This chapter has been updated. |
| Electronic Recording of Meetings and Conversations | Part 1 of this chapter has been updated in line with case-law. |
| Use of Social Media Sites by Social Care and Safeguarding Staff | This chapter has been given a general refresh. |
| New Chapters and Features | |
| Chapter Title | Details |
| Risk Assessment and Planning | This chapter has been added to the manual. |
| Providing Personalised Care | This chapter has been added to the manual. |
| NICE Guideline: Looked After Children and Young People | A link to these guidelines has been added to the manual. |
| Health and Safety | This chapter has been added to the manual. |
| Training and Development of Foster Carers | This chapter has been added to the manual. |
March 2022
| New Chapters and Features | |
| Chapter Title | Details |
| Decision to Look After | This chapter has been added. |
| Care Planning | This chapter has been added. |
| Removed Chapters | |
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February 2022
| Updated Chapters | |
| Chapter Title | Details |
| Capacity and Consent | Section 4.3, Consent to the Use of Medication to Suppress Puberty has been updated in line with case-law and new Section 5.4, Consent to Life-ending Withdrawal of Medical Support has been added, to reflect High Court judgments. Section 2.1, Consent to Information Sharing has been updated to reflect revisions contained in the statutory guidance Working Together to Safeguard Children. |
| Contacts and Referrals | Guidance contained in this chapter has been reviewed and updated as required to reflect guidance from the refreshed Working Together to Safeguard Children. |
| Complaints and Representations | This chapter has been amended to reflect the Children’s Statutory Complaint Process: Guide for Practitioners (Local Government & Social Care Ombudsman, 2021). (See Relevant Guidance). |
| Children and Young People Aged 0-25 with Special Educational Needs and Disabilities | This chapter has been refreshed and updated and includes links to related reports from the House of Commons Library. (See Section 16, Further Information and Statutory Guidance). |
| Short Breaks | Information 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 | Section 6.1, Placement Options has been updated in relation to placements in ‘other arrangements’. Section 4, Assessments has been updated in relation to Age Assessments. Minor amendments have also been made to this chapter in line with the UK’s exit from the EEA. |
| Families with No Recourse to Public Funds | 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. |
| Care and Supervision Proceedings and the Public Law Outline | This chapter has been updated to reflect Practice Guidance on Special Guardianship (Family Justice Council, June 2020). See in particular Section 9, Expectations of the Local Authority by the Court. |
| Applications for Special Guardianship Orders | In Section 12, The Special Guardianship Support Plan, information has been added on the School Admission Code. It has also been updated to reflect Practice Guidance on Special Guardianship published by the Family Justice Council (June 2020). See Section 6.2, Special Guardianship Applications in Care Proceedings and new Section 16, Special Guardianship Orders in International Cases. |
| Criminal Injuries Compensation Authority Claims for Looked After Children | This chapter has been refreshed and a link added to House of Commons Library Briefing Paper: Criminal Injuries Compensation for Victims of Child Abuse. |
| Placements with Parents | Section 1, Planned Placements has been updated to add information on placements in 'other arrangements'. |
| 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. Additional information has also been added in relation to placements in Scotland, in line with a High Court case. |
| Delegation of Authority to Foster Carers and Residential Workers | New Section 7.4, Consent to Life-ending Withdrawal of Medical Support has been added, to reflect a High Court judgment. |
| 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, June 2021)’; updated ‘Keeping Children Safe in Education’ (see Scope Box above) 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). The chapter has also been amended to reflect Promoting the Education of Children with a Social Worker: Virtual School Head Role Extension, June 2021. 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 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. |
| 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. |
| Electronic Recording of Meetings and Conversations | Information has been added on recording by employees in a professional capacity. |
| New Chapters and Features | |
| Chapter Title | Details |
| Placements in Other Arrangements | This chapter has been added to the manual. |
November 2021
| Updated Chapters | |
| Chapter Title | Details |
| Referral, Assessment, Planning and Decision Making for Children in Need Procedures - Local Protocol for Assessment | Referral, Assessment, Planning and Decision Making for Children in Need Procedures - Local Protocol for Assessment has been updated. |
Sufficiency Strategy for Children Looked After and Care Leavers |
The BFC Sufficiency Plan for Children Looked After and Care Leavers has been updated |
August 2021
| Updated Chapters | |
| Chapter Title | Details |
| Bracknell Forest Safeguarding Children Partnership Threshold Guidanc | This chapter has been updated. |
| Capacity and Consent | This chapter has been updated to add information on a High Court case in relation to consent in the context of the use of medication to suppress puberty. Information has also been added in relation to NICE Quality Standard: Decision-Making and Mental Capacity. |
| 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. |
| Referral, Assessment, Planning and Decision Making for Children in Need Procedures - Local Protocol for Assessment | This chapter has been updated. |
| Children and Young People Aged 0-25 with Special Educational Needs and Disabilities | This chapter has been amended. Section 15, Resolving Disagreements has beenupdated to reference recent case-law holding that, as part of the mediation process, a parent/child/young person is entitled to bring along any supporter they wish, including a lawyer. |
| Prevention of Homelessness and Provision of Accommodation for 16 and 17 Year Olds who may be Homeless and/or Require Accommodation; and Duty to Refer | This chapter has been updated to add a link to Joint Housing Protocols for Care Leavers: good practice advice (DfE and MHCLG) to support the development of joint protocols that can help local authorities to meet the accommodation needs of care leavers (see Section 4, Housing Protocols for Care Leavers). |
| 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. |
| 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. |
| Education of Looked After and Previously Looked After Children | This chapter has been updated to reflect changes from the revised Working Together to Safeguard Children. In Section 8, Safeguarding the Looked After Child at School the aim of safeguarding and promoting the welfare of all children in education is amended to say Preventing any impairment of their mental and physical health or development. |
| Holidays and School Trips In and Outside the UK | This guidance has been reviewed and updated throughout. Section 2.3, Insurance Cover has been updated to include details of how to apply for a Global Health Insurance Card (GHIC) which provides access to reduced cost or free medical insurance in the EU, Iceland, Liechtenstein, Norway or Switzerland. Section 2.4, Obtaining a Passport has also been updated to link to reissued Home Office guidance for Local Authorities Children's Services Departments when Applying for Passports on Behalf of Children. |
| Leaving Care and Transition | This chapter has been updated with a link to Joint Housing Protocols for Care Leavers: good practice advice (DfE and MHCLG) to support the development of joint protocols that can help local authorities to meet the accommodation needs of care leavers. Additional content has therefore been added in a new Section 8, Joint Housing Protocols for Care Leaver as well as Section 7, Reviews of Pathway Plans and Section 13, Where Care Leavers Live or Move to a Different Local Authority Area. |
| Responsibilities of the Local Authority to Former Looked After Children and Young People in Custody | This chapter has been updated to reflect the Section 2.6 Care leavers leaving custody in Joint Housing Protocols for Care Leavers: good practice advice (DfE and MHCLG) (see Section 3.9, Planning for Release). |
| Assessment and Approvals of Foster Carers | A revised link has been added to Prepare for a review panel: adopters and foster carers. |
| Review and Termination of Approval of Foster Carers | A revised link has been made to Prepare for a review panel: adopters and foster carers. |
| New Chapters and Features | |
| Chapter Title | Details |
| Family Workers | This chapter has been added to the manual. |
| Aftercare under Section 117 of the Mental Health Act 1983 | This chapter has been added to the manual. |
| Planning for Permanency: an Overarching Strategy for Children's Services in Bracknell Forest | This chapter has been added to the manual. |
