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DurhamSafeguarding Children Partnership Procedures Manual

Child Protection Conferences

AMENDMENT

In February 2022, a note was added into Section 1, Child Protection Conferences to remind all practitioners of the importance of establishing the nationality and immigration status of children and families. This will ensure they can be signposted for immigration advice and support where required. Furthermore- if as EU / EEA nationals they have been granted pre- settled status under the EU Settlement Scheme - it will ensure that they can be supported to apply for settled status when they accrue 5 years’ continuous residence in the UK.

Section 3, Transfer in Conference was updated in line with local practice.

Contents

  1. Child Protection Conferences
  2. Looked After Children and Child Protection Conferences
  3. Transfer in Conference
  4. Membership of Child Protection Conference
  5. Involving Children and Family Members
  6. Exclusion of Family Members from a Conference
  7. The Absence of Parents and / or Children
  8. Information for the Conference
  9. Chairing the Conference
  10. Monitoring Meeting
  11. Process for Rearranging Child Protection Conferences
  12. Electronic and Digital Recording
  13. The Child Protection Plan
  14. Child Does Not Require a Protection Plan
  15. Professional Dissent from the Conference Decision
  16. Challenge Professional Non-Compliance of the Child Protection Conference Process
  17. Complaints by Children and / or Parents
  18. Administrative Arrangements for Child Protection Conferences
  19. Local Documents

1. Child Protection Conferences

All conferences

A child protection conference brings together family members (and the child/ren where appropriate), family network members / advocates and those professionals most involved with the child and family to make decisions about the child's future safety, health and development. If concerns relate to an unborn child, consideration should be given as to whether to hold a child protection conference prior to the child's birth.

The tasks for all conferences are to:

  • Bring together and analyse the information which has been obtained about the child's developmental needs, and the parents' capacity to respond to these needs to ensure the child's safety and promote the child's health and development within the context of their wider family and environment;
  • Consider the evidence presented to the conference and taking into account the worries and safety plan, his or her family history and make decisions as to whether the child is at risk of significant harm;
  • Recommend what future safety planning is required in order to safeguard and promote the wellbeing of the child, including the child becoming the subject of a child protection plan, what the planned developmental outcomes are for the child and how best to intervene to achieve these;
  • Appoint a lead social worker from children's social care for each child who requires a child protection plan. The social worker is responsible for ensuring that the child protection plan is developed, co-ordinated and fully implemented to timescale;
  • Identify a core group of professionals and network members to develop, implement and review the progress of the child protection plan;
  • Put in place a contingency plan if the agreed actions are not completed and/or circumstances change impacting on the child's safety and wellbeing.

The Team Manager is responsible for making the decision to convene a child protection conference and the reasons for calling the conference (or not calling a conference following completion of a Section 47 Enquiry) must be recorded.

A conference should be convened, if requested by a professional supported by a senior manager / safeguarding lead, where there is disagreement about a decision not hold a conference. The professional disagreement / conflict resolution / Managing Professional Differences procedures should be applied, if agreement cannot be reached.

The conference chair will speak to the social worker/team manager at the earliest opportunity following the Initial Child Protection Conference being convened.

Types of conferences

Depending on the circumstances there are several different types of child protection conferences:

  • Initial conferences;
  • Pre-birth conferences;
  • Transfer in conferences;
  • Review conferences.

Note: Strategy Discussions must include all children within the household and not just the child who is subject to the concern. This will need to include children who spend regular periods of time in the family home. Any reason not to progress to conference for all children will need to be recorded within the Strategy Discussion/s47 Enquiry.

An initial child protection conference must be convened following a s47 enquiry to safeguard and promote the wellbeing of a child who is suspected of, or likely to be, suffering significant harm.

The initial child protection conference should take place within 15 working days of:

  • The first strategy meeting / discussion when the Section 47 enquiry was initiated; or
  • Upon acceptance of a notification by another local authority that a child subject of a Child Protection Plan has become resident in the area.

Where there is delay, this must be reported to the Team Manager (including reasons for the delay) and the Team Manager must report this to the Operations Manager. Children's social care must ensure that risks of harm to the child are monitored and action taken to safeguard the child.

Conferences should routinely seek to establish / confirm the nationality and immigration status of children and families. This will ensure that, where required, families can be signposted for immigration advice and support. Furthermore, if as EU / EEA nationals they have been granted pre- settled status under the EU Settlement Scheme - it will ensure practitioners can also support them to apply for settled status at the point at which they accrue 5 years’ continuous residence in the UK (see Switch from pre settled status to settled status, GOV.UK).

A pre-birth conference is an initial child protection conference concerning an unborn child. Such a conference has the same status as, and must be conducted in a comparable manner to, an initial child protection conference. The timing of the conference should be carefully considered bearing in mind the need for early action to allow time to plan for the birth. Further information can be found in the Pre-Birth Procedure.

Pre-birth conferences should always be convened where there is a need to consider if a multi-agency child protection plan is required. This decision will usually follow a pre-birth assessment.

A pre-birth conference should be held where a s47 has been undertaken and established that there are potential risks arising from one or the other following circumstances:

  • A pre-birth assessment gives rise to concerns that an unborn child may be at risk of significant harm;
  • A previous child has died or been removed from parent/s as a result of significant harm;
  • A child is to be born into a family or household that already has children who are subject of a child protection plan;
  • An adult or child who is a risk to children resides in the household or is known to be a regular visitor.

Other risk factors to be considered are:

  • The impact of parental risk factors and vulnerabilities such as mental ill health, learning disabilities, drug and/or alcohol misuse and domestic abuse.

All agencies involved with pregnant women, where there are concerns about the unborn child, should consider whether there is the need for an early referral to First Contact so that assessments are undertaken as early as possible in the pregnancy. This should be made from 12 weeks of pregnancy, dependent on the circumstances. See Concealed Pregnancies Procedure for additional guidance.

The pre-birth conference should take place as soon as practicable and no later than eight weeks before the due date of delivery, so as to allow as much time as possible for effective planning of support for the baby and family. Where there is a known likelihood of a premature birth, the conference should be held earlier.

Transfer in conferences should take place when a child, who is the subject of a child protection plan, moves from the original LA area to the Durham area as a permanent resident. First Contact, designated health professionals and the police should be notified promptly.

The transfer in conference should receive reports from the original Local Authority. The original authority will be invited to attend the conference which should take place within 15 working days of the decision to arrange a transfer in conference. Such a conference has the same status and purpose, and must consider whether the child protection plan should continue in Durham or whether there is no threshold to continue with the child protection plan in Durham.

A review conference is intended:

  • To review whether the child is continuing to suffer, or is likely to suffer, significant harm, and review developmental progress against the child protection plan outcomes;
  • To consider whether the child protection plan should continue or should be changed.

Every review should consider explicitly whether the child is suffering, or is likely to suffer, significant harm and continues to require safeguarding from harm through  a formal child protection plan. If the child is considered to be suffering significant harm, the local authority should consider whether to initiate family court proceedings. For further guidance see the Public Law Outline.

If the child is not considered to be suffering, or likely to suffer significant harm, then the child should no longer be the subject of a child protection plan and the conference should consider what continuing support services may benefit the child and family and make recommendations accordingly.

Thorough regular review is critical to achieving the best possible outcomes for the child and includes:

  • Sharing and analysing up-to-date information about the child's safety plan, health, development and functioning and the parent's capacity to ensure and promote the child's wellbeing;
  • Maintaining family time, communication, engagement and appropriate appointments with Health professionals such as GP's and Health Visitors about the child;
  • Considering the impact on the child of the capacity and functioning of the parent/carer;
  • Ensuring that the safety plan already in place to safeguard the child from harm is effective and in line with local arrangements;
  • Regularly reviewing the progress of all aspects of the Child Protection Plan;
  • Making changes to the child protection plan (e.g. where a family is not co-operating or a service is no longer available);
  • Deciding what action is required to safeguard the child if there are changes to the child's circumstances;
  • Setting or re-setting desired outcomes and timescales;
  • Seeking and taking into account the child's wishes and feelings;
  • Making judgements about the likelihood of the child suffering significant harm in the future;
  • Deciding whether there is a need for a new assessment;
  • Review the child's education attendance and outcomes.

The first review child protection conference should be held within 91 days of the date of the initial child protection conference.

Further reviews should be held at intervals of not more than 183 days for as long as the child remains the subject of a child protection plan. If the initial conference was a pre-birth conference the review conference should take place within one month of the child's birth or within 91 days of the date of the pre-birth conference, whichever is sooner. Subsequent review conferences should take place within 183 days thereafter.

All review conferences should consider the timescales to meet the needs and safety of the child. An infant or child under the age of 5 where there are serious concerns about the levels of risk might require the timescales to be shorter than those set above. The decisions should reflect the circumstances of the child and the impact on the child of the concerns rather than any agency constraints.

Discussions should take place at the core group prior to the review conference about the continuing evidence of harm and the need for an ongoing child protection plan. If there is a view that the child protection plan should cease at the 3-month review the Social Worker/Team Manager will discuss and seek agreement with the relevant Operations Manager. The Social Worker/Team Manager will discuss any agreement to cease the Child Protection Plan at the 3-month review with the Conference Chair and provide the report to the Conference Chair at least seven working days in advance of the conference. Upon receipt, the Conference Chair will discuss the recommendation and seek agreement from the IRO Operations Manager and Strategic Manager in advance of the review conference. This does not include children who have become looked after.

Reviews should be brought forward where / when:

  • Child protection concerns relating to a new incident or allegation of abuse have been sustained;
  • The Core Group consider that there are significant difficulties in carrying out the child protection plan;
  • A child is to be born into the household of a child or children already subject of child protection plans;
  • An adult or child who poses a risk to children is to join, or commences regular contact with, the household;
  • There is a significant change in the circumstances of the child or family not anticipated at the previous conference and with implications for the safety of the child;
  • The core group believe that the threshold for a child protection plan is no longer met.

2. Looked After Children and Child Protection Conferences

Dual Process Looked After Child Subject to a Child Protection Plan

When a child becomes Looked After who is already subject to a Child Protection Plan, there should be a single planning and reviewing process, which will focus on the Looked After Process. This will be led by the Conference Chair.

At the point of the child becoming Looked After, the Social Worker will alert the Conference Chair within one working day. The Social Worker will complete the relevant documentation on the child's electronic record. The Quality and Review Team will arrange a Dual Process Looked After Review within 20 working days.

Statutory visits will be in line with Looked After Children procedures.

Wherever possible, the social worker should arrange a core group meeting prior to the review to ensure that all multi-agency partners have an opportunity to understand the plan and give a view on whether they feel that the risks to the child have sufficiently reduced in the light of the child's Looked After status. Where it is not possible to hold a core group meeting, the Social Worker must consult with all those involved with the case.

Not all conference members will necessarily attend the Looked After Review. However, it is important that they understand the plan for the child and that their views are known.

The Social Worker will complete the Looked After Review document at least three working days prior to the Looked After Review. They will not be required to complete the Child Protection Conference report.

The Social Worker will alert the Conference Chair once the Looked After Review report is completed. Consideration must be given to ensuring that the multi-agency contribution to the review of the Child Protection Plan is addressed within the review of the Looked After Care Plan.

Following the decisions being agreed at the end of the Looked After Review the Conference Chair will consider whether the criteria continues to be met for the child to remain the subject of a Child Protection Plan. Children and young people should not be subject to both Child Protection and Looked After Plans, unless there are exceptional circumstances which has been agreed by the Conference Chair and Strategic Managers from Families First and the Quality & Review Team.

The Quality and Review Team will inform in writing to those individuals invited to the Initial Child Protection Conference of the decision and reason to end the Child Protection Plan.

3. Transfer in Conference

The receiving authority should hold a Transfer Child Protection Conference within 15 working days of receiving written confirmation of the transfer except where:

  • The transferring authority agrees to continue to hold the Child Protection Review Conference; or
  • The child is due to move from the receiving Local Authority within 15 working days or within a short space of time;
  • The child is in temporary accommodation and it is not clear what the future arrangements will be.

In the event of a Child Protection Conference not being held, it is vital that agreement is reached regarding the case responsibility and actions to ensure the child’s welfare is safeguarded. Such arrangements must be recorded by both the transferring and receiving authority

Following the strategy discussion and within 3 working days all professionals involved in the receiving authority must contact their counterparts in the transferring authority to inform them that a transfer Child Protection Conference will be taking place. There is an expectation that all the professionals in the transferring authority attend the conference. If this is not possible then the following information should be shared in all circumstances.

  • Any current assessment including risk assessments and single assessment;
  • The current Child Protection Plan, conference reports and minutes;
  • Any relevant legal order or Public Law Outline (LBP) Minutes;
  • An evaluation of the implications of the move including the effect on risk increase/decrease as a result of the move;
  • Any identified special needs including health and education.

If the transferring authority fails to forward copies of the above information, the receiving Team Manager should liaise with their counterpart in the transferring authority and follow up any verbal request in writing. If information is still not shared despite this request, the receiving Team Manager must raise this with their Service Manager. The receiving Service Manager should liaise with their counterpart in the transferring authority to ensure that all appropriate information is shared. This process should also be followed where there are difficulties receiving information from a transferring authority that is not one of the 12 North East Safeguarding Children Partnerships who have developed this procedure.

There is also a requirement for other professionals involved to challenge their counterparts and/or raise the matter with more senior management if this is not resolved.

Where the transferring authority requests the receiving authority to undertake welfare visits prior to conference the manner in which that information will be recorded and presented at conference will be agreed.

It is the transferring authority’s responsibility to ensure the child protection plan continues to be implemented until formal transfer has been agreed at a Transfer in Conference. This includes core group activity and Lead Social Worker / Key Worker responsibility. Actions may be taken by the receiving authority on behalf of the transferring authority, and this should be agreed at team manager level and recorded by both authorities.

There should be no significant change in the child protection plan until the receiving authority has held a transfer in conference.

4. Membership of Child Protection Conference

Invitations to a conference should include those people who have a significant contribution to make due to their knowledge of the child and family or their expertise relevant to the case. This is likely to include:

  • The child or their representative;
  • Parents / those with parental responsibility;
  • Members of the Network who are part of the safety plan with consent;
  • Foster carers;
  • Residential care staff;
  • Social Worker who has led and been involved in an assessment of the child and family (and their first line manager);
  • Professionals involved with the child (e.g. health visitor, school nurse, paediatrician, GP (for the child/ren and parents), school staff, CAMHS, early years staff, education welfare/attendance officers);
  • Professionals with expertise in the particular type of harm suffered by the child or in the child's particular condition (e.g. a disability or long term illness);
  • The police;
  • Involved third sector organisations;
  • An Independent Reviewing Officer in the role of Conference Chair;
  • The child/ren's guardian where there are current court proceedings;
  • Professionals involved with the parents or other family members (e.g. family support services, adult mental health services, probation, the GP, Health visiting;
  • Midwifery services where the conference concerns an unborn or new-born child;
  • Probation or the Youth Justice Service;
  • Housing services or Housing Providers;
  • Domestic abuse service;
  • Drug and alcohol services;
  • A representative of the armed services, in cases where there is a service connection;
  • Any other relevant professional or service provider;
  • A supporter / advocate for the child and/or parents (e.g. a friend or solicitor); solicitors must comply with the Law Society guidance 'Attendance of solicitors at local authority Children Act Meetings' and related 'Code of Conduct (2011)'.

Role of the Legal Adviser

The Local Authority Legal Adviser will attend the Child Protection Conference where appropriate to gather information. Only in exceptional circumstances should the need to give advice arise during the conference.

Where appropriate, the social work team will seek advice from the Legal Adviser prior to the Child Protection Conference, with particular reference to issuing a letter before proceedings in accordance with the Public Law Outline or issuing care proceedings.

The Conference Chair may seek legal advice prior to the conference.

The Legal Adviser does not participate in the decision making of the conference. Once the decision has been made at conference, the Legal Adviser may in exceptional circumstances advise the Conference Chair whether the criteria for listing is or is not met.

If information is provided at the conference that requires the Local Authority to seek advice from the Legal Adviser, the conference should be adjourned or rearranged to allow the Local Authority to take the necessary advice. The Legal Adviser should then summarise the outcome of the discussion for the benefit of conference participants.

Other Participants

All agencies involving a student in the Child Protection process / conference where they have direct experience of the child and family, need to ensure that they are capable and sufficiently knowledgeable to take an active part and that their decisions are based on sound judgement and close monitoring / supervision. It also needs to be clear that students who attend as 'observers only' do not take any part in the reporting or decision making. The Conference Chair should be informed of this prior to the conference so that there is no misunderstanding about the student's ability and involvement in the case.

A professional observer can only attend with the prior consent of the Chair and the family, and must not take part in discussions or decision-making.

Professionals who are invited but unable to attend for unavoidable reasons should:

  • Inform the Quality & Review Team;
  • Submit a written report, which includes their safety scaling score and recommendation of the need for a Child Protection Plan;
  • Arrange for a well-briefed agency representative to attend and present the report and inform the Conference Chair;
  • Agencies are expected to share a written report with the family; at least two working days in advance for Initial Child Protection Conferences and seven working days in advance for Review Child Protection Conferences. See Section 7, Information for the Conference;
  • All reports should be shared with all members of the Core Group within the timescale above.

Babies and young children should not normally be present during the conference. Parents should be assisted to make arrangements for their care where necessary.

Location, timing and safety for conferences

The location and timing of the conference should be planned to ensure maximum attendance from the most critical attendees. Consideration will be given for participants to contribute virtually via video link. Every attempt should be made to schedule conferences at mutually convenient times for family and professionals. Children's social care should discuss with parents their child care provision to enable attendance at the conference.

Each agency is responsible for raising any health and safety issues and security arrangements with the Conference Chair and Lead Social Worker when planning each conference. See also Section 5, Exclusion of Family Members from a Conference.

Conference quorum

As a minimum quorum, at every conference there should be attendance by local authority children's social care and at least two other professional groups or agencies, which have had direct contact with each child who is the subject of the conference. In addition, attendees may also include those whose contribution relates to their professional expertise or responsibility for relevant services. In certain cases, where a child has not had relevant contact with three agencies (that is, local authority children's social care and two others), this minimum quorum may be breached.

In exceptional circumstances, the Chair may decide to proceed with the conference despite lack of agency representation. This would be relevant where:

• A child has not had relevant contact with three agencies (e.g. pre-birth conferences);

• Sufficient information is available from the relevant agencies; and

• A delay will be detrimental to the child.

Where an inquorate conference is held, the need for an early review conference should be considered. The Chair must ensure that the reasons for proceeding with the conference and any arrangements to safeguard the child in the meantime are noted in the conference records.

5. Involving Children and Family Members

It is important that the principles of partnership with children and parents are maintained in the child protection process. The following are minimum requirements for all attendees of the conference and the responsibility of the Chair of the conference to uphold:

  • Parents must be invited and encouraged to participate in all child protection meetings unless it is likely to prejudice the safety and wellbeing of the child;
  • Parents should be supported to enable them to participate by timely preparation and information, such as leaflets, being provided about the process and their role;
  • Parents have the opportunity to seek advice and support from an independent advocate;
  • A meeting with the Independent Chair prior to the meeting should take place;
  • Those parents for whom English is not a first language must be offered and provided with an interpreter, if required. A family member should not be expected to act as an interpreter of spoken or signed language. See Working with Interpreters and others with Special Communication Skills;
  • Suitable arrangements should be made for the inclusion of parents with additional needs or disabilities.

In some circumstances it may be considered appropriate for parents and children to contribute via conference calls/video link.

Exceptionally, it may be necessary to exclude one or more family members from a conference, in whole or in part. Where a parent attends only part of a conference as a result of exclusion, they must receive the record of the conference. The Chair should decide if the entire record is provided or only that part attended by the excluded parent (see Section 5, Exclusion of Family Members from a Conference).

Explicit consideration should be given to the potential for conflict between family members and possible need for children or adults to speak without other family members present.

The child, subject to their level of understanding, needs to be given the opportunity to contribute meaningfully to the conference.

In practice, the appropriateness of including an individual child must be assessed in advance and relevant arrangements made to facilitate attendance at all or part of the conference.

Where it is assessed, in accordance with the criteria below, that it would be inappropriate for the child to attend, alternative arrangements should be made to ensure their wishes and feelings are made clear to all relevant parties (e.g. use of an advocate, written or recorded comments).

Criteria for presence of child at conference, including direct involvement

The primary questions to be addressed are:

  • Does the child have sufficient understanding of the process?
  • Have they expressed an explicit or implicit wish to be involved?
  • What are the parents' views about the child's proposed presence?
  • Is inclusion assessed to be of benefit to the child?

The test of 'sufficient understanding' is partly a function of age and partly the child's capacity to understand. The following approach is recommended:

  • A (rebuttable) presumption that a child of less than 11 years of age is unlikely to be able to be a direct and/or full participant in a forum such as a child protection conference;
  • A presumption (also rebuttable by evidence to the contrary) that from the age of 11 and over, a child should be offered such an opportunity.

A declared wish not to attend a conference (having been given such an explanation) must be respected.

Consideration should be given to the views of and impact on parent/s of their child's proposed attendance.

Consideration must be given to the impact of the conference on the child (e.g. if they have a significant learning difficulty or where it will be impossible to ensure they are kept apart from a parent who may be hostile and / or attribute responsibility onto them). Consideration must be given in particular to the extent to which it is appropriate for a child to hear details of a parent's personal difficulties and a parent's view about this must be respected.

In such cases, the Social Worker should ensure that the child's wishes and feelings are effectively represented by means of an advocate and / or preparatory work.

Direct involvement of a child in a conference

In advance of the conference, the Chair and social worker should agree whether:

  • The child attends for all or part of the conference, taking into account confidentiality or parents and / or siblings and practical arrangements;
  • The child should be present with one or more of their parents;
  • The Chair meets the child alone or with a parent prior to the meeting.

If a child attends all or part of the conference, it is essential that they are prepared by the social worker or independent advocate who can help them prepare a report or raise any particular points that the child wishes to make.

Provision should be made to ensure that a child who has any form of disability is enabled to participate.

Indirect contributions when a child is not attending

Indirect contributions from a child should, whenever possible, include a pre-meeting with the conference Chair.

Other methods include written statements, e-mails, text messages and recorded comments prepared alone or with independent support, and representation via an advocate. Further information can be found on the Toolkits & Guidance for Practitioners (see Local Documents).

Childcare professionals should all be able to represent a child's views and observations of younger children or children with disabilities and a particular responsibility falls upon the social worker to do so. It is more important that the child feels involved in the whole process of child protection assessment rather than merely receiving an invitation to the conference.

6. Exclusion of Family Members from a Conference

The conference Chair, must be notified where possible at least three working days in advance, by any agency if it is considered necessary to exclude one or both parents for all or part of a conference. The Chair should seek legal advice and make a decision according to the following criteria:

  • Indications that the presence of the parent may seriously prejudice the safety and wellbeing of the child;
  • Sufficient evidence that a parent may behave in such a way as to interfere seriously with the work of the conference such as violence, threats of violence, racist or other forms of discriminatory or oppressive behaviour, or being in an unfit state (e.g. through drug, alcohol consumption or acute mental health difficulty). In their absence, a friend or advocate may represent them at the conference;
  • The presence of one or both parents would prevent a professional from making their proper contribution through concerns about violence or intimidation (which should be communicated in advance to the conference Chair);
  • The need (agreed in advance with the conference Chair) for members to receive confidential information that would otherwise be unavailable, such as legal advice or information about a criminal investigation;
  • Conflicts between different family members who may not be able to attend at the same time (e.g. in situations of domestic abuse).

Any exclusion period should be for the minimum duration necessary and must be clearly recorded in the conference record.

It may also become clear in the course of a conference that its effectiveness will be seriously impaired by the presence of the parent/s. In these circumstances the Chair may ask them to leave.

Where a parent is on bail, or subject to an active police investigation, it is the responsibility of the Chair to ensure that the police representative can fully present their information and views and also that the parents participate as fully as circumstances allow.

The decision of the Chair over matters of exclusion is final regarding both parents and the child/ren.

If, prior to the conference, the Chair has decided to exclude a parent, this must be communicated in writing, by the Conference Chair, with information on how they may make their views known, how they will be told the outcome of the conference and about the complaints procedure. See Section 11, Professional Dissent from the Conference Decision.

Those excluded should be provided with a copy of all relevant reports to the conference and be provided with the opportunity to have their views recorded and presented to the conference. The Chair will determine whether or not the excluded parent should receive the record of the conference.

If a decision to exclude a parent is made, this must be fully recorded in the record. Exclusion at one conference is not reason enough in itself for exclusion at further conferences.

7. The Absence of Parents and / or Children

If parents and / or children do not wish to attend the conference they must be provided with full opportunities to contribute their views. The social worker must facilitate this by:

  • The use of an advocate or supporter to attend on behalf of the parent or child;
  • Enabling the child or parent to write or record or use drawings to represent their views;
  • Agreeing that the social worker, or any other professional, expresses their views.

8. Information for the Conference

In order for the conference to reach well-informed decisions based on evidence, it needs adequate preparation and sharing of information on the child/ren's needs and circumstances by all agencies that have had significant involvement with the child and family, including those who were involved in the assessment and the s47 enquiry. All reports must be clear and distinguish between facts, allegations and opinions. This will include safety scaling and a recommendation of the need for a Child Protection Plan.

Children's social care report

Children's social care should provide all conferences with a written report that summarises and analyses the information obtained in the course of the assessment undertaken in conjunction with the child protection enquiries under s47 of the Children Act 1989 and information in existing records relating to the child and family. This should include a danger statement, safety goal and safety plan.

Reports to Review conferences should include a clear analysis of the implementation and progress of the child protection plan including any new information or obstacles to implementation.

Where decisions are being made about more than one child in a family the report should consider the safeguarding needs of each child.

The pre-review report is the social worker updated assessment report.

The Initial Child Protection Conference report should include information on the dates the child was seen by the social worker during the course of the Section 47 enquiries, if the child was seen alone and if not, who was present and for what reasons.

All children in the household need to be considered and information must be provided about the needs and circumstances of each of them, even if they are not the subject of the conference.

The report should be provided to parents and older children (if felt to be in their best interests) at least two working days in advance of the initial conferences and a minimum of seven working days before review conferences to enable any factual errors to be corrected and the family to ask questions or comment on the content.

The report should be available to the conference Chair at least two working days prior to the initial conference and seven working days in advance of the review conference.

Reports from other agencies

Information by all agencies about their involvement with the family should be submitted in a written report (typed) for the conference. The information should not include other agency information, e.g. Police intelligence. The conference report should be clear and concise and include relevant information with reference to the impact on the child. Reports should be translated into the family's first language, if appropriate. The report should be available to the conference Chair and other attendees at least two working days in advance of the conference and at least seven working days for a review conference. All agencies should use their own agency's agreed conference report format. The report should be shared with the family and the child, if appropriate, prior to the conference (to the extent that it is believed to be in their interests).

Information from children and families

Children and family members should be helped in advance to consider what they wish to convey to the conference, how they wish to do so and what help and support they will require (e.g. they may choose to communicate in writing, or with the help of an advocate).

Families may need to be reminded that submissions need to be sufficiently succinct to allow proper consideration within the time constraints of the child protection conference.

See Section 4, Involving Children and Family Members.

9. Chairing the Conference

Conference Chair

The Chair of a child protection conference will be a Independent Reviewing Officer. Wherever possible, the same person should also chair subsequent review child protection conferences in respect of a specific child.

If a decision is made that a child requires a protection plan to safeguard their wellbeing, the Chair should ensure that:

  • The danger statement, complications and safety goals are discussed;
  • A qualified social worker is identified as a Lead social worker to develop, co-ordinate and implement the child protection plan;
  • A core group is identified of family network and professionals;
  • A date is set for the first core group meeting within ten working days of the initial conference and timescales set for subsequent meetings;
  • A date for the child protection review conference is set;
  • The outline child protection plan is formulated and clearly understood by all concerned including the parents, network and the child, (where appropriate);
  • Identify the frequency of statutory visits (two weeks minimum);
  • Identify the date of the Initial Child Protection Conference Monitoring Meeting (see Section 9, Monitoring Meeting below)

If the conference determines that a child does not need child protection plan the Chair must ensure that:

  • The conference draws up a Family Plan;
  • The conference considers step-down in line with the Single Assessment Procedures.

10. Monitoring Meeting

An Initial Child Protection Conference Monitoring Meeting must be held in respect of every child with a Child Protection Plan. It should be held one month after the Initial Child Protection Conference between the Conference Chair and the nominated Lead Social Worker. The remit of this meeting which must be recorded and a copy placed on the child's file should include:

  • Accuracy of data entered on the Child Protection List in respect of each child;
  • Review of action taken in respect of recommendations made at the Initial Child Protection Conference and ensure the safeguarding of each child is paramount and monitor the progress of the Child Protection Plan;

If there are concerns, the Conference Chair should consider the instigation of the Dispute Resolution Process (see Managing Professional Differences Policy and Complaints in Relation to Child Protection Conference Procedure).

The Conference Chair may consider additional Monitoring Meetings if required to ensure that the Plans for each child are being progressed in a timely manner.

This will be clearly recorded on the child's electronic record.

Additional Monitoring Meetings may be required if the Conference Chair is not satisfied with information shared; the plan is not progressing well; or if further information is required at a later date. These will be detailed in the child's electronic record under Child Protection Monitoring Meetings.

11. Process for Rearranging Child Protection Conferences

Every effort is to be made to ensure that all Child Protection meetings go ahead. There are some exceptional circumstances where it is not deemed appropriate to proceed and the meeting should be re-convened. The following sets out the expectations of the Independent Reviewing Officer Service and Children's Social Care in the event a meeting is to be rearranged.

11.1 Re-arranged Review Child Protection Conference within timescale

Independent Reviewing Officer process
  • Conference Chair to speak to the Social Worker/Team Manager around their concerns and efforts to be made to resolve issues to enable the conference to go ahead. If issues are not resolved, the Conference Chair will record the rationale of their intention to stand down the conference on the child's electronic record;
  • The Conference Chair will need to check deadlines for timescales before meeting is rearranged;
  • The Conference Chair will email the Meetings Officer to rearrange the review.

    The Conference Chair to provide the deadline date and the reason for the meeting being rearranged;
  • Meetings Officer will update the electronic record, the rearranged spreadsheet and rearrange review in timescale;
  • Meetings Officer will alert IRO Operations Manager of any requests for meetings to be rearranged twice or with the potential to go out of timescale;
  • Independent Reviewing Officer Operations Manager will monitor the rearranged performance data on a weekly basis.
Children's Social Care Process
  • Social Worker will discuss with the Team Manager and Conference Chair should they consider that there is a need to stand down a RCPC;
  • If deemed appropriate the Social Worker will seek permission from the appropriate Operations Manager;
  • If agreed, the Social Worker will email the Meetings Officer within Quality & Review Team to rearrange the review. Social Worker to provide the deadline date and the reason for the meeting being rearranged. The Conference Chair is to be copied into the email.

11.2 Re-arranged Review Child Protection Conference Review out of timescale

Independent Reviewing Officer Service Process

Every effort should be made to enable a child protection conference to go ahead. There are some exceptional circumstances where this is not appropriate and there may be a need for the conference to take place outside of the required timescale.

  • The Conference Chair to have a discussion with IRO Operations Manager. If deemed appropriate they will seek approval from Strategic Manager. If the IRO Operations Manager is not available the Conference Chair will speak to the IRO Strategic manager;
  • If the Conference Chair is at the review and is unable to contact the Strategic Manager or Operations Manager they will need to make a decision whether the review should go ahead or whether the review needs to be rearranged outside of timescale;
  • The Conference Chair will raise Dispute Resolution Process / Multi Agency Challenge if any non-compliance issues have led to meeting not going ahead;
  • Meetings Officer will update the electronic record, where possible in a two week timescale, if not achievable at the earliest opportunity.
Children's Social Care Process
  • Social Worker will discuss with Team Manager / Families First Operations Manager / Conference Chair. If agreed, permission will be sought from appropriate Strategic Manager;
  • Social Worker will email the Meetings Officer within Quality & Review Team to rearrange the review. Social Worker to provide the deadline date and the reason for the meeting being rearranged. The Conference Chair is to be copied into the email;
  • Social Worker will email the Meetings Officer within Quality & Review Team to rearrange the review. Social Worker to provide the deadline date and the reason for the meeting being rearranged. The Conference Chair is to be copied into the email.

11.3 Re-arranged Initial Child Protection Conference out of timescale

Independent Reviewing Officer Service Process
  • The Conference Chair will have discussions with the Social Worker/Team Manager around the concerns. They must discuss any other option available or support to enable the meeting to go ahead. If an agreement cannot be made, the Conference Chair will need to seek approval from the Strategic Manager to rearrange the Initial Child Protection Conference;
  • The Conference Chair must record on the child's electronic record the rationale for not proceeding with the Initial Child Protection Conference and what plan has been agreed to safeguard the child and ensure the next meeting can progress;
  • The Conference Chair to chair a pre-initial planning meeting if the ICPC is stood down on the day of the conference. The Team Manager is responsible for chairing pre-initial planning meeting if it is in advance of the planned ICPC. The minutes of the pre-initial planning meeting should be distributed to all invited to the original ICPC within five working days;
  • The child's electronic case file to be updated to reflect this meeting and the minutes stored in line with policy and procedures.
Children's Social Care
  • Social Worker will discuss with Team Manager / Operations Manager / Conference Chair. If agreed, permission will be sought from appropriate Strategic manager;
  • Social Worker will email the Meetings Officer within Quality & Review Team to rearrange the review. Social Worker to provide the deadline date and the reason for the meeting being rearranged. The Conference Chair is to be copied into the email;
  • Team Manager will chair a pre-initial planning meeting, if stood down prior to the scheduled day of the Initial Child Protection Conference.

12. Electronic and Digital Recording

Advances in technology make the recording of meetings and other conversations e.g. via smart phones much more easily available to individual service-users. This may be simply because they wish to have a verbatim record of the conversation to refer back to, or because they have difficulties in following or recalling conversations. They may, however, seek to use the recording for other purposes such as admission into evidence in family court proceedings, or even for wider broadcast.

This may arise in the context of child protection / safeguarding meetings, private law or public law proceedings, and may involve recording of conversations between parents, between parents and professionals, conversations between parents and children or discussions in meetings.

The recording may take place overtly or covertly.

There are no specific legal restrictions on the recording of face-to-face conversations, whether this is overt or covert. Thus, whilst good practice would suggest that advance consent should be sought for any planned recording, a blanket ban on recording is unlikely to be lawful.

This is not a clear-cut area, and consideration for legal advice will need to be given. Practitioners should be mindful that covert recording may be taking place, and should endeavour to ensure that they do not make statements during 'private' conversations which they would not be prepared to hear produced as evidence in court.

If the scale or style of recording is excessive, oppressive or disproportionate, then this may cross a threshold. For example, a parent recording their questioning of the child in a manner which is oppressive may in fact be evidence of possible emotional abuse of the child by that parent.

Where the making of an audio or video record of a child protection/safeguarding meeting is proposed then this request should be considered by a Local Authority senior manager who will consult participating agency managers and others as required, in the light of up-to-date local policy and legal advice.

In the case of Child Protection Conferences the Conference Chair should determine the response in consultation with Conference members and/or by taking legal advice. For Core Group meetings the chair, often an LA Manager, or Lead social worker will determine the response.

In considering the request by any party, it should be ensured that agreeing to such a request will not impact on the quality of the information-sharing and discussion, or compromise the decision-making with regard to the safeguarding of the child. The interests of the child must be the primary concern and confidentiality must be observed.

Whilst the audio recording itself may well be legitimate, there may be restrictions on its use.

If a party seeks to admit such material into court proceedings, then it is at the discretion of the court whether to allow this or not. Such evidence will only be admitted if it is relevant to the issues in the case and not, for example, in furtherance of a personal grievance by a parent against a social worker.

The Data Protection Act 2018 does not apply to the processing of personal data by an individual in the course of a purely personal or household activity. However, the scope of this provision in the context of recording is not clear. Jackson J in M v F (Covert Recording of Children) [2016] EWFC 29 expressed the view that a similar exemption contained in the previous Data Protection Act (1998) was intended to protect normal domestic use, and would not cover the covert recording of individuals, and particularly children, for the purpose of evidence-gathering in family proceedings and Ward of Court proceedings.

Wider distribution of any material recorded as part of a child protection conference, for example, making such recordings available via the internet, would be in contravention of the General Data Protection Regulations and the Data Protection Act 2018. Such recordings are likely to contain information (including possible 'sensitive personal information') relating to third parties, and the distribution of such information so as to enable those third parties to be identified would be in breach of data protection legislation. If the issues in question are the subject of ongoing court proceedings, then there is also a possible contempt of court.

It is important that each such request is considered on its own merits. If the decision-maker is minded to refuse the request, then legal advice should be sought.

For further information see: Parents recording social workers - A guidance note for parents and professionals (The Transparency Project).

13. The Child Protection Plan

Threshold for a child protection plan

The conference should consider the following question when determining whether a child requires a child protection plan:

  • Has the child suffered significant harm? or
  • Is the child likely to suffer significant harm?

The threshold for determining the likelihood of suffering harm in the future should be that either:

  • The child can be shown to have suffered maltreatment or impairment of health or development as a result of neglect or physical, emotional or sexual abuse, and professional judgement is that further ill-treatment or impairment is likely; or
  • A professional judgement, substantiated by the findings of enquiries in this individual case or by research evidence, predicts that the child is likely to suffer maltreatment or the impairment of health and development as a result of neglect or physical, emotional or sexual abuse.

If a child is likely to suffer significant harm, then they will require multi-agency help and intervention delivered through a formal child protection plan. An outline Child Protection Plan is to be developed for the Initial Child Protection Conference.

The primary purpose of this plan is to:

  • Ensure the child is safe from harm and prevent him or her from suffering further harm;
  • Promote the child's health and development; and
  • Support the family and wider family members to safeguard and promote the wellbeing of the child whilst in their care, provided it is in the best interests of the child.

Decision Making Process

Conference members must consider whether the criteria are met in respect of all children in the family or household, based on the information presented.

The decision-making process must take account of the views of all agencies represented at the conference and will normally take place with parents/carers present.

Any dissent must be fully recorded in the record of discussion. When this occurs, the Lead Social Worker must involve that agency in future decision-making and in the Child Protection Plan if the child is made subject to a Child Protection Plan.

If parents/carers dissent from the conference decision, the Chair must discuss the issue with them and explain their right to and the process for challenge.

If professionals dissent, this should be recorded and they should be advised to make representation through the appropriate route.

In exceptional circumstances, the Chair has the authority to override the majority/minority or consensus view of the members of the conference in relation to making a child subject of a Child Protection Plan. If this happens, the Chair's reasons should be fully recorded within the conference record and discussed with the Service Manager for Independent Reviewing Officers. The Conference Chair will provide a written response to the Families First Strategic Manager of their rationale to overturn the decision of the conference.

Decision that a child needs a child protection plan

If a decision is taken that the child has suffered, or is likely to suffer Significant Harm and hence in need of a Child Protection Plan, the Chair should determine which category of abuse or neglect the child has suffered or is likely to suffer. The category used (that is physical, emotional, sexual abuse or neglect, see Recognising Abuse and Neglect Procedure for definitions) will indicate to those consulting the child's social care record the primary presenting concerns at the time the child became the subject of a Child Protection Plan.

The need for a protection plan should be considered separately in respect of each child in the family or household.

Where a child is to be the subject of a child protection plan, the conference is responsible for recommendations on how agencies, professionals, family and the network should work together to ensure that the child will be safeguarded from harm in the future. This should enable both professionals and the family to understand exactly what is expected of them and what they can expect of others.

The outline plan should:

  • Describe specific, achievable, child-focused outcomes intended to safeguard each child;
  • Describe the types of services required by each child (including family support) to promote their safety and wellbeing;
  • Set a timescale for the completion of the assessment, if appropriate;
  • Identify any specialist assessments of each child and the family that may be required to ensure that sound judgements are being / can be made on how best to safeguard each child and promote their wellbeing;
  • Clearly identify roles and responsibilities of professionals and family members, including the nature and frequency of contact by professionals with children and family members;
  • Develop a robust contingency plan to respond if the family is unable to make the required changes and the child continues to be at risk of significant harm (e.g. recommend the consideration of legal action and the circumstances which would trigger this).

14. Child Does Not Require a Protection Plan

If the conference decides that a child has not suffered, or is not likely to suffer Significant Harm then the conference may not make the child the subject of a child protection plan. The child may nevertheless require services to promote his or her health or development. The conference should consider step-down in line with the Threshold Guidance.

The decision must be put in writing to the parent/s, and agencies as well as communicated to them verbally.

Discontinuing a current child protection plan

The conference should use the same decision-making process to reach a judgement for when a protection plan is no longer needed. This includes situations where other multi-agency planning might need to replace a protection plan.

A child may no longer need a protection plan if:

  • A review conference judges that the child is no longer likely to suffer significant harm and no longer requires safeguarding by means of a child protection plan;
  • The child has become Looked After see Dual Process above;
  • The child has moved permanently to another local authority when a protection plan can only cease after the receiving authority has convened a transfer child protection conference and confirmed in writing responsibility for case management;
  • The child has reached 18 years of age, has died or has been judged to have permanently left the UK, when their name can be removed.

When a child is no longer subject of a Child Protection Plan, notification should be sent, as a minimum, to the agencies' representatives who were invited to attend the initial conference that led to the plan.

When a child protection plan is discontinued, the social worker must discuss with the parents and child/ren what services might be needed, based on the re-assessment of the needs of the child and family. A Family Plan should be developed for any continuing support. The plan should be reviewed at regular intervals in line with the Single Assessment Procedures.

15. Professional Dissent from the Conference Decision

If an agency does not agree with a decision or recommendation made at a child protection conference, their professional dissent will be recorded in the record of the conference.

If a professional concludes that the conference decision places a child at risk, s/he must seek the advice from their manager who should then contact the Conference Chair in writing within two working days.

Where the issue is not resolved, the matter should be formalised in writing and sent to the Operations Manager for the Quality & Review Team providing details as to why the decision is believed to be incorrect. On receipt of the letter the Operations Manager will read the conference documentation. Consideration will be given to the need for a meeting between the professional/safeguarding lead and the Conference Chair to discuss the issues highlighted.

If there is no resolution, the Safeguarding Children Partnership Business Manager will review all documentation and discuss the matter with the Safeguarding Children Partnership Chair and determine whether there is a need to reconvene the child protection conference.

16. Challenge Professional Non-Compliance of the Child Protection Conference Process

There is a separate Dispute Resolution Process for use within the Local Authority.

The process of challenge, where difficulties or disagreements arise between agencies, should be kept as simple as possible. The aim, where possible, is to resolve difficulties quickly and without delay at a professional practitioner level.

Each staff member is responsible for recording professional conversations and decision-making in line with internal agency or service setting case recording protocols and procedures.

Relationships between those involved need to be carefully managed in order to remain child-focussed, as challenge can cause tension. This can be managed by sensitive delivery of information, open and effective communication and good working relationships between staff and managers at all levels and in all agencies.

Key Principles of the Challenge

  • Share key information appropriately and often;
  • Seek to resolve the issue quickly and at the practice rather than the management level.

Areas and situations where Challenges may arise

Where the Independent Review officer identifies an issue, for example:

  • Reports not sent to the Quality and Review Team within timescales to be shared with professional;
  • Reports not shared with the family within timescale for meeting;
  • Lack of attendance at core groups;
  • Lack of attendance at conference;
  • Lack of report to conference.

The Process of Challenge

The process for challenge is a four stage process and should be completed in its entirety within 20 working days. It is expected that challenges normally be resolved at Stage 1 or 2. The Conference Chair will complete the Challenge Process Record in all cases.

Stage 1 The Conference Chair will remind professionals at each conference of the timescales and the importance of sharing information. If there is an issue there will be an informal discussion between the Conference Chair and the professional. The Conference Chair will make a decision as to whether there is a justifiable reason and if not will instigate Stage 2.

Stage 2 This stage will be used when there is a disagreement or lack of appropriate response at Stage 1. The Conference Chair will complete the multi-agency challenge form and forward to the DSCP Business Manager, who will forward to the relevant agency's Manager. If the issue is responded to and resolved within 7 working days, the process will end at this stage.

Stage 3 If the performance issues continue then the Conference Chair and Line manager will meet with the professional to discuss concerns within 10 working days.

Stage 4 Where repeated forms are being sent to a particular agency and performance does not improve the SCP Business Manager to raise issues with appropriate SCP agency representative.

When this process should not be used

A challenge should always be used in the child's best interests and the child must remain the focus. This process has been developed where an issue of poor practice impacts on the child. This process is not to be used to address a complaint with another professional the appropriate complaints procedures should be used in these instances.

17. Complaints by Children and / or Parents

Parents and, on occasion, children, may have concerns about which they wish to make representations or complain, in respect of one or more of the following aspects of the functioning of child protection conferences:

  • The process of the conference;
  • The outcome, in terms of the fact of and/or the category of primary concern at the time the child became the subject of a child protection plan;
  • A decision for the child to become, to continue or not to become, the subject of a child protection plan.

Complaints about aspects of the functioning of conferences described above should be addressed to the Conference Chair. Such complaints should be passed on to the IRO Operations Manager and the local authority complaints manager. See Complaints in Relation to Child Protection Conference Procedure.

Whilst a complaint is being considered, the decision made by the conference stands.

The outcome of a complaint will either be that a conference is re-convened under a different Chair, that a review conference is brought forward or that the status quo is confirmed along with a suitable explanation. The leaflet should be made accessible to parents and families.

Complaints about individual agencies, their performance and provision (or non-provision) of services should be responded to in accordance with the relevant agency's own complaints management process.

18. Administrative Arrangements for Child Protection Conferences

The Local Authority Quality & Review Team is responsible for administering the child protection conference service and ensuring the child's electronic record is kept up to date in relation to child protection conferences.

The Quality & Review Team has clear arrangements for the organisation of child protection conferences including:

  • Arrangements for sending out invitations to children, parents and professionals;
  • Information leaflets for children and for parents translated into appropriate languages;
  • Recording the conference.

The conference record, should be sent to all those were invited to the conference within 30 days of the conference. Any suggested amendments should be received within five working days of receipt of record.

Where appropriate, support should be provided to parents to ensure they have access to and an understanding of the conference record.

The conference Chair may decide that confidential material should be excluded from the parent's copy.

Relevant sections of the record should be explained to and discussed with the child by the social worker.

The conference Chair should decide whether a child should be given a copy of the record. The record may be supplied to a child's legal representative on request.

Where parents and / or the child/ren have an identified additional need or disability or where English is not their first language, the social worker should ensure that they receive appropriate assistance to understand and make full use of the record. A family member should not be expected to act as an interpreter of spoken or signed language. See Working with Interpreters and others with Special Communication Skills.

Conference records are confidential and should not be shared with third parties without the consent of either the conference Chair or an order of the court.

In criminal proceedings the police may reveal the existence of child protection records to the Crown Prosecution Service, and in care proceedings the records of the conference may be revealed in the court.

Decision letter

The decision letter and outline plan should be sent to all those who were invited to attend the conference, including the parents and where appropriate the child, within two working days of the conference.

The record of the decisions of the child protection conference should be retained by the recipient agencies in accordance with their record retention policies.

Managing and providing information about a child

In Durham:

  • The Lead Social Worker is responsible for ensuring that records on children who are subject of a child protection plan are kept up to date;
  • CP-IS is updated by the Local Authority and the information is available to unscheduled healthcare settings;
  • The SCP Business Unit is responsible for managing notifications of movements of children who are subject of a child protection plan, moving into the local authority area;
  • The SCP Business Unit is responsible for managing notifications of people who may pose a risk of significant harm to children who are either identified within the local authority area or have moved into the local authority area;
  • The SCP Business Unit is responsible for circulating details of children subject to Child Protection Plans to the Hospital Trusts and Police.

Information on each child known to children's social care should be kept up-to-date on the electronic record system.