January 2024
Updated Chapters | |
Chapter Name | Details |
Amendments have been made to reflect case-law in relation to assessing legal capacity. |
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Information has been added into Section 4, Care Order on a Care Plan of the Child Remaining at Home in relation to Supervision Orders, in line with Public Law Working Group (PLWG) Recommendations to Achieve Best Practice in the Child Protection and Family Justice Systems: Supervision Orders. |
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Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery |
Information has been added in to Section 4, Assessment in relation to the National Age Assessment Board. |
Section 5.2.5, Providing Support has been updated to reflect the Home Office increase in financial support to individuals waiting to find out if they will be given asylum in the UK. |
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Section 2, Ordinary Residence has been updated in line with case law. |
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This chapter has been updated to include information from Guidance - Placing Children: Deprivation of Liberty Orders - guidance for providers, social workers and placement commissioners on placing children, subject to a deprivation of liberty order (DoL), in unregistered settings and President of the Family Division Practice Guidance: Placements in Unregistered Children’s Homes in England or Unregistered Care Home Services in Wales. |
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Section 10, Use of Inherent Jurisdiction to Authorise a Placement Involving a Deprivation of Liberty has been updated to include information from Guidance - Placing Children: Deprivation of Liberty Orders - guidance for providers, social workers and placement commissioners on placing children, subject to a deprivation of liberty order (DoL), in unregistered settings and President of the Family Division Practice Guidance: Placements in Unregistered Children’s Homes in England or Unregistered Care Home Services in Wales. |
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This chapter has been updated. |
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This chapter has been refreshed in line with local procedure. |
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This chapter has been updated. |
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This chapter has been amended to note that with effect from 1 April 2023, the leaving care allowance increased from £2,000 to £3,000. |
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This chapter has been refreshed and a link added to National Early Permanence Practice Standards (Coram Centre for Early Permanence). |
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This chapter has been updated. Information has been added into Section 6.2, Special Guardianship Applications in Care Proceedings in relation to timing of assessments. |
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New Chapters and Features | |
Chapter Name | Details |
This chapter has been added. |
Next Update: July 2024 |
Archive
January 2023
Updated Chapters | |
Chapter Name | Details |
Care and Supervision Proceedings and the Public Law Outline | This chapter has been refreshed. |
Legal Planning Meetings | This chapter has been refreshed. |
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. |
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. |
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. |
Children and Young People in Care who are in Contact with Youth Justice Services | Section 2, Looked After Children who are Arrested has been updated in relation to appropriate adults. |
Recruitment, Assessment and Approvals of Prospective Adopters | This chapter has been refreshed. |
Adoption Panel | This chapter has been refreshed. |
Placement for Adoption | This chapter has been refreshed. |
Adoption Support | This chapter has been refreshed. |
Disruption of Adoptive Placements | This chapter has been refreshed. |
July 2023
Updated Chapters | |
Chapter Name | Details |
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. |
Case Records and Retention |
This chapter has been updated in relation to the Independent Inquiry into Child Sexual Abuse. |
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. |
Decision to Look After |
Section 3, Section 20 Accommodation has been updated in line with case-law. |
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). |
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 amended to incorporate Ofsted feedback. Additional information has been added into Section 2, Positive Behaviour Support and Section 5.4, Recording of Sanctions. |
Marriage/Civil Partnership of a Child in Care |
This chapter has been updated. |
Leaving Care and Transition |
This chapter has been revised to include information from the revised Ofsted inspection framework. |
Allegations Against Foster Carers |
This chapter has been amended in line with revised Keeping Children Safe in Education. A new Section 2, The Difference Between an Allegation of Harm and a Concern has also been added. |
Allegations Against Prospective Adopters and in Relation to Children Placed for Adoption or Already Adopted |
This chapter has been amended in line with revised Keeping Children Safe in Education. A new Section 2, The Difference Between an Allegation of Harm and a Concern hasalso been added. |
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 a 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. |
List of Agency Decision Makers, Designated Managers and Nominated Officers |
This chapter has been updated. |
New Chapters and Features | |
Chapter Name | Details |
Children Involved in the Youth Justice System: Additional National Guidance |
This chapter has been added. |
July 2022
Updated Chapters | |
Chapter Name | Details |
Capacity and Consent | Section 4.3, Consent to the Use of Medication to Suppress Puberty has been updated in line with case-law. |
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. |
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. |
Ceasing to Care for a Child | This chapter has been updated to add a note regarding transferring a child's belongings in appropriate luggage and includes a link to a link to NYAS, My Things Matter Report (see Section 5 Administration / Process Issues). |
Placements in Foster Care | This chapter has been amended to add a link to the NYAS 'My Things Matter' Report – support and respect care-experienced children and their belongings when they move (see Section 4, Placement Planning). |
Placements in Residential Care | This chapter has been amended to add a link to the NYAS 'My Things Matter' Report – support and respect care-experienced children and their belongings when they move (see Section 2.3, Placement Planning). |
Placements in Secure Accommodation on Welfare Grounds | Section 10, Use of Inherent Jurisdiction to Authorise a Placement Involving a Deprivation of Liberty has been updated in line with case-law. |
Contact with Parents/Adults and Siblings | A link has been added to Childnet Toolkit for Parents and Carers. |
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. |
Health Care Assessments and Plans | This chapter has been updated. |
Positive Relationships and Behaviour Management | This chapter has been updated. |
Restrictive Physical Intervention and Restraint | This chapter has been given a general refresh. |
Leaving Care and Transition | This chapter has been amended to add a link to the NYAS 'My Things Matter' Report – support and respect care-experienced children and their belongings when they move (see Scope of This Chapter). |
Fostering Panel | This chapter has been updated. |
Allegations Against Foster Carers | This chapter has been updated. |
New Chapters and Features | |
Chapter Name | Details |
Equality and Diversity | This chapter has been added to the manual. |
Decision to Look After | This chapter has been added to the manual and replaces a previous chapter. |
Care Planning | This chapter has been added to the manual. |
Risk Assessment and Planning | This chapter has been added to the manual. |
Leisure Activities | This chapter has been added to the manual. |
Providing Personalised Care | This chapter has been added to the manual. |
Health and Safety Policy and Guidance for Foster Carers | Link to the Local Resources has been added. |
January 2022
Updated Chapters | |
Chapter Name | Details |
Care and Supervision Proceedings and the Public Law Outline | Section 2, Pre-Proceedings has been updated to include information in relation to pre-birth assessments and planning where the mother has learning disabilities. |
Complaints and Representations | This chapter has been amended to reflect the Children's Statutory Complaint Process: Guide for Practitioners (Local Government & Social Care Ombudsman) - see Relevant Guidance. |
Electronic Recording of Meetings and Conversations | Information has been added on recording by employees in a professional capacity. |
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 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 has been added into Section 7, Short Break Settings. |
Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery | A link has been added to the Independent Child Trafficking Guardians Referral Form. In areas where the ICTG service has been implemented, if the social worker considers a child to be a potential victim of modern slavery, they should refer them to the ICTG service by completing the online referral form. Section 6.1, Placement Options has been updated in relation to placements in 'other arrangements'. Section 4, Assessment has been updated in relation to Age Assessments. |
Relinquished Children | This chapter has been updated to reflect case-law setting out lessons for the future in non-notification cases. |
Criminal Injuries Compensation Authority Claims for Children in Care | This chapter has been refreshed and a link has been 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'. |
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. |
Out of Borough 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. |
Remands to Local Authority Accommodation or to Youth Detention Accommodation | Information in relation to children under the age of 16 being placed in 'other arrangements' placements has been added into Section 3, Local Authority Accommodation. |
Education of Children in Care and Previously Looked After Children | This chapter has been significantly amended to reflect the 'Review of Sexual Abuse in Schools and Colleges (Ofsted)'; updated 'Keeping Children Safe in Education' (see Scope of this Chapter) and Sexual Harassment in Education – Briefing (House of Parliament Library) (see Section 8.2, Protecting looked after children from sexual harassment and peer on peer abuse). The chapter has also been amended to reflect Promoting the Education of Children with a Social Worker: Virtual School Head Role Extension. Information on the School Admission Code has been added in Section 6, When a Child Needs or Joins a New School. |
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. |
Applications for Special Guardianship Orders | Information on the School Admission Code has been added in Section 12, The Special Guardianship Support Plan. |
New Chapters and Features | |
Chapter Name | Details |
Placements in Other Arrangements | This chapter has been added to the manual. |
July 2021
Updated Chapters | |
Chapter Name | Details |
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. A new Section 5.4, Consent to Life-ending Withdrawal of Medical Support has been added, to reflect High Court judgments. Section 2.1, Consent to Information Sharing has also been updated to reflect revisions contained in the statutory guidance Working Together to Safeguard Children. |
Assessments | This chapter has been updated to add a new Section 15, 16 and 17 year olds who may be Homeless and/or require Accommodation; this is to address the issue of Homelessness and the vulnerability of young people who are homeless which is identified in Working Together to Safeguard Children. |
Care and Supervision Proceedings and the Public Law Outline | This procedure has been updated reflect Practice Guidance on Special Guardianship (Family Justice Council). See Section 9, Expectations of the Local Authority by the Court in particular. |
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities | Section 15, Resolving Disagreements has been updated to reference recent case-law holding that, as part of the mediation process, a parent/child/young person is entitled to bring along any supporter they wish, including a lawyer. |
Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery | Minor amendments have been made in line with the UK's exit from the EEA. |
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 section has been updated to add a link to the publication Joint Housing Protocols for Care Leavers: Good Practice Advice (DfE and MHCLG) which aims 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) |
Delegation of Authority to Foster Carers and Residential Workers | A new Section 7.4, Consent to Life-ending Withdrawal of Medical Support has been added, to reflect a High Court judgment |
Advocacy and Independent Visitors | This guidance which explains the role of Advocates and Independent Visitors for Children in Care has been reviewed and updated throughout. |
Leaving Care and Transition | A link to the publication Joint Housing Protocols for Care Leavers: Good Practice Advice (DfE and MHCLG) has been added. The publication aims to support the development of joint protocols that can help local authorities to meet the accommodation needs of care leavers. Additional content has therefore been added in a new Section 8, Joint Housing Protocols for Care Leaver as well as Section 7, Reviews of Pathway Plans and Section 13, Where Care Leavers Live or Move to a Different Local Authority Area. |
Responsibilities of the Local Authority to Former Children in Care who are in Custody | This procedure has been updated to reflect Section 2.6 Care Leavers Leaving Custody in the publication Joint Housing Protocols for Care Leavers: Good Practice Advice (DfE and MHCLG) 2020 (see Section 3.8, Planning for Release). |
Access to Birth Records and Adoption Case Records | This chapter has been given a general refresh throughout and information added on applying for a copy of a birth certificate online. |
Applications for Special Guardianship Orders | This procedure has been updated to reflect Practice Guidance on Special Guardianship published by the Family Justice Council. See Section 6.2, Special Guardianship Applications in Care Proceedings and new Section 16, Special Guardianship Orders in International Cases. |
New Chapters and Features | |
Chapter Name | Details |
Aftercare under Section 117 of the Mental Health Act 1983 | This new policy applies when a child or care leaver is discharged from hospital after having been detained under the Mental Health Act 1983. |
January 2021
Updated Chapters | |
Chapter Name | Details |
Complaints and Representations | Information contained in this procedure has been reviewed and refreshed as required. |
Families with No Recourse to Public Funds | Information contained in this chapter has been reviewed and updated as required. |
Placements in Secure Accommodation on Welfare Grounds | Section 6, Placements of Children under 13 years has been updated following publication of revised DfE guidance. |
Notifications of Significant Events | This procedure has been updated to reflect the latest Ofsted guidance for social care providers on the types of incident which they consider to be serious and which will therefore require notification to the regulatory authority. New sections have been added on the quality of notifications and learning from notifications. |
New Chapters and Features | |
Chapter Name | Details |
Capacity and Consent | This new chapter contains guidance in relation to the various situations in which consent is likely to be sought, with reference to previous legal judgements. This is a potentially complex practice arena and if the practitioner is in any doubt about gaining consent they should always seek further advice from managers and legal advice must be sought as necessary. |
Use of Social Media Sites by Social Care and Safeguarding Staff | The use of social media in a social care and safeguarding environment is a developing area. Cases and reviews have discussed the use of social media in social work practice. There is, however, currently no specific government guidance on the issue. This new chapter is designed to highlight some of the issues to be considered, with links to additional information. It is not intended to provide any legal advice, and legal advice must be sought as appropriate. Local Authorities and Courts may have local protocols in place on the use of social media/service of documents. |
Storage of Data on Mobile Devices | This new chapter provides guidance on the storage of personal data (including photographs) on mobile devices. 'Personal data' is any information about an identifiable living individual. 'Mobile devices' includes memory sticks, mobile telephones including smartphones, tablet technologies, netbooks and laptops. |
July 2020
Updated Chapters | |
Chapter Name | Details |
Assessments | This chapter has been updated to reference the new digital referral system for reporting potential victims of Modern Slavery (GOV.UK). |
Recording Policy and Guidelines | This chapter has been amended to reflect a Blog written by Yvette Stanley, Ofsted's National Director for Social Care. The Blog highlights feedback from a number of inspections and explores what good recording should look like. (Ofsted: developments in children's social care – What makes an effective case record?) |
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities | A note has been added into Section 1, Principles to draw attention to OFSTED's advice that Local Authorities should exercise due diligence in ensuring schools for pupils with SEND are registered with the DFE as required. |
Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery | This chapter has been updated to take account of the new NRM digital referral form to report Modern Slavery (GOV.UK). |
Education of Children in Care and Previously Looked After Children | This chapter has been updated to reflect Keeping Children Safe in Education 2019 which replaces the 2018 version. Section 8, Safeguarding Children in Care at School has been amended to include reference to Upskirting (which is now a criminal offence) and serious violence. In Section 1.3, Role of the Local Authority, Virtual School Head (VSH), and School OFSTED's advice that Local Authorities should exercise due diligence in ensuring schools for Children in Care are registered with the DFE has been added. |
Allegations Against Foster Carers | This chapter has been reviewed and refreshed, and terminology has been updated where required. |
January 2020
Updated Chapters | |
Chapter Name | Details |
Care and Supervision Proceedings and the Public Law Outline | This chapter has been updated to reference and note the Family Justice Council Interim Guidance on Special Guardianship (May 2019) (see Section 1, Introduction). |
Secure Accommodation (Criteria) Reviews | The requirement for clear separation of reviews (for clarifying whether the criteria for keeping a child in secure accommodation are met, and the Children in Care Review) has been emphasised. Clarifying whether the criteria for keeping a child in secure accommodation are met must come before a Children in Care Review so the decision can inform the Children in Care Review. The reviews must be chaired by different individuals. |
Notifications of Significant Events | This procedure has been reviewed throughout to reflect the latest guidance from Ofsted in relation to the reporting of significant events in relation to Children in Care. The revised Ofsted guidance seeks to clarify what is meant by a 'serious event' in relation to a child living in a Children's Homes with the aim of reducing the overall number of notifications made to Ofsted, and in particular reducing the number of repeat notifications made as a result of submitting additional / updated information. |
Assessment and Approvals of Foster Carers | A link has been added to information for Foster Carers published by HM Government. See Section 9, Representations / Independent Review Procedure. |
Supervision and Support of Foster Carers | This chapter has been updated to reflect in greater detail the foster carer's role and responsibilities with respect to Fostering National Minimum Standards – Notification of Significant Events (see Section 1, Introduction) and relevant aspects of Schedule 6 The Fostering Services (England) Regulations 2011 (see Section 2, Planned Supervision Visits). |
Assessment and Approvals of Prospective Adopters | A link has been added to information sheets published by HM Government on Attending an IRM Panel. See Section 10, Representations / Independent Review Procedure. |
Applications for Special Guardianship Orders | This chapter has been updated in January 2020 to reference and reflect the Family Justice Council Interim Guidance on Special Guardianship (2019) (see new Section 6.2, Special Guardianship Applications in Care Proceedings). |
Court Reports in Adoption/Special Guardianship Guidance | This chapter has been updated to note the Family Justice Council Interim Guidance on Special Guardianship, Courts and Tribunals Judiciary (May 2019). See Section 3, Special Guardianship - Matters to be Dealt with in Report for the Court and final paragraphs 11 and 12. |
New Chapters and Features | |
Chapter Name | Details |
Placing and Visiting Children with Special Educational Needs and Disabilities or Health Conditions in Long-Term Residential Settings | This chapter reflects statutory guidance in relation to children who are placed by health authorities or local authorities for more than 3 months in residential establishments for educational purposes and children placed in care homes or independent hospitals (including hospices) by health authorities or local authorities (Sections 85 and 86 of the Children Act 1989). |
July 2019
Updated Chapters | |
Chapter Name | Details |
Assessments | This chapter has been revised to reflect updated guidance on Assessments contained in the statutory guidance Working Together to Safeguard Children. |
Care and Supervision Proceedings and the Public Law Outline | This guidance has been updated to reflect changes from 'Practice Direction 27a - Family Proceedings: Court Bundles (Universal Practice to be Applied in the High Court and Family Court) in relation to the required maximum length of certain court documents, (unless otherwise specifically directed by the court). In addition, a new subsection of Section 4.1, Local Authority Documentation provides further detail on the importance of recording information on the Care Plan which will help the child, parent or the child's carer understand why decisions have been or are being made. It has also been amended to reflect HHJ Greensmith's comments regarding M and N (Children: Local authority gathering, preserving and disclosing evidence) [2018] EWFC 40 (1 June 2018)) (see Section 9, Good Local Authority Practice During Proceedings). |
Death of or Serious Injury to a Child (Child in Care and Child in Need) | This procedure has been updated throughout to reflect Working Together to Safeguard Children (2018) and the process for reporting a serious incident to the Child Safeguarding Practice Review Panel via the Child Safeguarding Incident Notification System. |
Recording Policy and Guidelines | This guidance has been updated to reflect HHJ Greensmith's comments in the case of M and N [2018] EWFC 40 (1 June 2018) regarding local authority gathering, preserving and disclosing evidence. |
Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery | A new Section 6, Suitable Placements has been added. Details of the National Transfer Scheme Protocol for Unaccompanied Asylum Seeking Children (March 2018) have also been added into Section 1, Introduction and Definitions. |
Prevention of Homelessness and Provision of Accommodation for 16 and 17 year olds who may be Homeless and/or require Accommodation; and Duty to Refer | This procedure includes links to the revised statutory guidance Prevention of Homelessness and Provision of accommodation for 16 and 17 year old young people who may be homeless and/or require accommodation (2018), and to the Guide to the duty to refer including the referral process. The duty to refer was brought in by the Homelessness Reduction Act 2017. |
Ceasing to Care for a Child | This guidance has been updated in line with the Children and Social Work Act 2017 and related statutory guidance. These changes relate to the status of 'Previously Looked After Children'. A Previously Looked After Child is one who is no longer looked after in England and Wales because they are the subject of an Adoption, Special Guardianship or Child Arrangements Order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person, or has been adopted from 'state care' outside England and Wales. Previously Looked After Children are entitled to support from their school through the Designated Teacher (see Section 2.5, Children Who Move into Permanency). |
Permanence Planning Guidance | This guidance has been updated in line with the Children and Social Work Act 2017 and revised statutory guidance. These changes relate to the status of 'Previously Looked After Children'. A Previously Looked After Child is one who is no longer looked after in England and Wales because they are the subject of an Adoption, Special Guardianship or Child Arrangements Order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person, or has been adopted from 'state care' outside England and Wales. |
Remands to Local Authority Accommodation or to Youth Detention Accommodation | This chapter has been updated in relation to the role of the Youth Custody Service when placing young people in custody, see Section 2.3, How to Request a Transfer or Placement Review. |
Education of Children in Care and Previously Looked After Children | This guidance has been updated to reflect amendments made by the Children and Social Work Act 2017 and associated Statutory Guidance. These changes relate to the status of 'Previously Looked After Children' i.e. a Previously Looked-after Child is one who is no longer looked after in England and Wales because they are the subject of an Adoption, Special Guardianship or Child Arrangements Order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person, or has been adopted from 'state care' outside England and Wales. The chapter includes new sections on Mental Health and Safeguarding Children in Care at School. In addition the chapter reflects the statutory guidance Keeping Children Safe in Education (KCSIE) 2018, as it relates to Children in Care and guidance regarding Data protection and safeguarding as set out in Data protection: a toolkit for schools (August 2018). |
Leaving Care and Transition | The following amendments have been made:
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Children and Young People in Care who are in Contact with Youth Justice Services | This chapter has been updated in relation to the role of the Youth Custody Service placing young people in custody, see Section 7.7, How to Request a Transfer or Placement Review. |
Adoption Support | This guidance has been updated in line with the Children and Social Work Act 2017 and related statutory guidance which require schools, through the Designated Teacher for Looked After Children, to offer support to Previously Looked After Children. A Previously Looked After Child is one who is no longer looked after in England and Wales because subject of an Adoption, Special Guardianship or Child Arrangements Order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person, or has been adopted from 'state care' outside England and Wales). |
Adoption Reviews | Section 5.1.f has been amended to reflect the status of adopted children as being 'Previously Looked After' when considering their educational needs. A link to DfE guidance on Promoting the Education of Looked After and Previously Looked After children has also been added. |
Applications for Special Guardianship Orders | This procedure has been updated in line with the Children and Social Work Act 2017 and related statutory guidance which require schools, through the designated teacher to provide support to Previously Looked After Children. A Previously Looked After Child is one who is no longer looked after in England and Wales because they are the subject of an Adoption, Special Guardianship or Child Arrangements Order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person, or has been adopted from 'state care' outside England and Wales. |
January 2019
Updated Chapters | |
Chapter Name | Details |
Children's Services Policies, Values and Principles | A new Section 2, Corporate Parenting has been added in response to the DfE, Applying Corporate Parenting Principles to Looked-after Children and Care Leavers – Statutory Guidance (Feb 2018). |
Assessments | Section 4, Communication has been to include reference best practice to following when completing assessments for parents with learning disabilities. |
Care and Supervision Proceedings and the Public Law Outline | This chapter has been updated to provide additional emphasis on parents who lack capacity. Links has been added to the President of the Family Division, Family Proceedings: Parents with a Learning Disability note, and Practice Direction 3AA - Vulnerable Persons: Participation in Proceedings and Giving Evidence (see case management in Section 4 Documentation). |
Death of or Serious Injury to a Child (Child in Care and Child in Need) | This chapter has been amended to reflect that, since 29 June 2018, local authorities in England must notify the national Child Safeguarding Practice Review Panel within 5 working days of becoming aware of a serious incident. |
Recording Policy and Guidelines | This has been reviewed in response to the introduction of the General Data Protection Regulations (GDPR) and Data Protection Act 2018. |
Case Records and Retention | Section 1, The Case Record has been updated in line with Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018, which permits the transfer of a copy of the child's case record (or part of that record) to another adoption agency when the local authority considers this to be in the interests of the child. |
Access to Records / Subject Access Requests | This guidance has been revised throughout to reflect the General Data Protection Regulations (GDPR) and Data Protection Act 2018. |
Confidentiality Policy | This policy has been reviewed following the introduction of the General Data Protection Regulations (GDPR) and Data Protection Act 2018. |
Electronic Recording of Meetings and Conversations | This guidance has been revised to reflect the General Data Protection Regulations (GDPR) and Data Protection Act 2018. |
Relinquished Children | Section 5, Consent and Competency has been updated to include additional information on parental capacity to consent, in line with High Court case-law. |
Decision to Place a Child in Care and Care Planning | Additional information has been added into to Section 1.3, Section 20 Accommodation, in line with recent case-law which considered the use of Section 20 Accommodation by local authorities These cases were clear that:
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Placements in Secure Accommodation on Welfare Grounds | This procedure has been updated to reflect revised DfE guidance 'Secure children's homes: how to place a child aged under 13 (July 2018)' (see Section 6, Placements of Children under the Age of 13 Years for full details). |
Children in Care Reviews | Section 9, The Role of the Children in Care Review in Achieving Permanence for the Child has been amended to reflect the outcome of a High Court Judgement in respect of children who were subject to Section 20 and where there were concerns of significant delays in their planning for permanence. The court noted the Independent Reviewing Manager's recognition and action over a number of reviews but acknowledged that a more robust response had been needed. |
Leaving Care and Transition | This guidance has been revised throughout to reflect the provisions of the Children and Social Work Act 2017 which require local authorities to offer Personal Adviser support to all care leavers up to the age of 25; to publish their Local Offer for care leavers; and to have regard to seven 'Corporate Parenting Principles'. |
Adoption Case Records | Section 3, Security Retention and Sharing of Records has been updated in line with Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018, which provides that an adoption agency may disclose an adoption case record to another adoption agency for purposes related to either agency's functions as an adoption agency. Further information has also been added in relation to adoption records where an Adoption Order is not made. |
Life Story Books Guidance | This guidance has been reviewed and updated throughout to reflect best practice in Life Story Work. |
Later Life Letters | This guidance has been reviewed and updated throughout to reflect best practice in Life Story Work. |
Applications for Special Guardianship Orders | This procedure has been updated to reflect good practice points identified in the Local Government and Social Care Ombudsman publication 'Firm Foundations: Complaints about Council Support and Advice for Special Guardians (Local Government and Social Care Ombudsman) (May 2018)'. |
July 2018
Updated Chapters | |
Chapter Name | Details |
Child in Need Plans and Reviews | A new Section 4, Children in Need Moving to Another Authority - Principles has been added to emphasise the importance of sharing information and communication between the respective local authorities when a Child in Need Moves. |
Care and Supervision Proceedings and the Public Law Outline | Section 4.2 case Analysis has been updated to reflect the 'permanence provisions' of the Care Plan added by s.8 Children and Social Work Act 2017 (amending section 31(3B) Children Act 1989) which a court is required to consider when deciding whether to make a Care Order. |
Halton Borough Council Whistleblowing Policy (2017) | This policy has been updated. |
Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery | This guidance has been reviewed and extensively updated to reflect the DfE publication Care of Unaccompanied Migrant Children and Child Victims of Modern Slavery: Statutory Guidance for Local Authorities, November 2017. |
Decision to Place a Child in Care and Care Planning | Section 2.1, The Care Plan – Contents has been updated to reflect the additional 'permanence provisions' of the Care Plan (s.8 Children and Social Work Act 2017 amends section 31(3B) Children Act 1989) which a court is now required to consider when deciding whether to make a Care Order. |
Permanence Planning Guidance | Section 5, Assessing and Planning for Permanence has been updated to reflect the additional 'permanence provisions' of the Care Plan (under s.8 Children and Social Work Act 2017 amends section 31(3B) Children Act 1989) which a court is now required to consider when deciding whether to make a Care Order. |
Social Worker Visits to Children in Care | Section 2, Exceptions has been revised to provide additional information on the circumstances where visiting requirements differ from those set out in Section 1 Normal Frequency. |
Contact with Parents/Adults and Siblings | Section 2, Different Types of Contact has been updated to take account of the ways in which social media and mobile communication are used by young people in care to contact friends and family members |
Health Care Assessments and Plans | A new section, consent to Health Care Assessments, has been added, to clarify those situations when children / young people can provide their own consent to health care assessments. |
Placement for Adoption | Section 1, Planning for Permanence has been updated to reflect the additional consideration (added by s.9 Children and Social Work Act 2017 to amends section 1(4)(f) of the Adoption and Children Act 2002) into the list of considerations that a court or adoption agency must have regard to when it is coming to a decision relating to the adoption of a child); now as well as considering t the relationship which the child has with relatives, and with any other person in relation to whom the court or agency considers the relationship to be relevant, it must also look at the relationship the child has with any person who is a prospective adopter with whom they are placed. |
Adoption Case Records | Section 3, Security and Retention of Records has been updated to include a note that records of all adoption enquiries will be kept for 10 years. |
Fostering for Adoption / Early Permanence Placements | Section 4.1, Duty to Consider Fostering for Adoption Placement has been revised to reflect the updated list of considerations (as amended by s.9 Children and Social Work Act 2017) which must be referenced whenever a court or adoption agency is coming to a decision relating to the adoption of a child. Following the introduction of the Children and Social Work Act, this list now includes consideration of the relationship which the child has with relatives, with any person who is a prospective adopter with whom the child is placed and with any other person in relation to whom the court or agency considers the relationship to be relevant. |
New Chapters and Features | |
Chapter Name | Details |
Deprivation of Liberty | This online resource provides information on Mental Capacity and Deprivation of Liberty in relation to children and young people. Case-law makes clear that social workers and local authorities need to consider whether children in care or cared for away from home in other settings may be subject to a Deprivation of Liberty and, if so, what authorisation is required. |
Mental Capacity |
This new section links to an online resource which will support practitioners to understand the Mental Capacity Act and practice confidently. Everyone working with (or caring for) any young person from the age of 16 who may lack capacity must comply with the Mental Capacity Act 2005. |
January 2018
Updated Chapters | |
Chapter Name | Details |
Death of or Serious Injury to a Child (Child in Care and Child in Need) | This chapter has been updated in line with the requirement to notify Ofsted of any serious childcare incident using the Ofsted Online Notification of serious childcare incident for local authorities form. |
Unaccompanied Asylum Seeking Children | Section 3, Assessment has been updated to explain that, in advance of undertaking an age assessment for an unaccompanied asylum seeking child, local authorities must seek Home Office assistance with verifying the authenticity of identity documents e.g. travel documents or a birth certificate. A link to the relevant contact details for local authorities has been added. |
Families with No Recourse to Public Funds | This guidance has been updated to include a link to the Project for the Registration of Children as British Citizens, which provides information and advice for social workers on ensuring that children in their care have effective access to specialist legal advice so their citizenship or any entitlement to citizenship is secured. See Securing British Citizenship for Looked After Children. |
Young Carers | This guidance has been extensively revised and contains detailed information on identifying and supporting young carers. Since April 2015, local authorities have had a duty to take 'reasonable steps' to identify children in their area who are young carers, and to determine if they need support. Local authorities must carry out an assessment whenever it appears that a young carer has a need for support (this could be either in their capacity as a young carer or in a more general sense as a child or young person). In Halton, a young carer's needs are assessed using the CAF, unless they need a statutory assessment in which case their needs will be incorporated into a Children's Social Care Single Assessment Plan (SAP). |
Decision to Place a Child in Care and Care Planning | This chapter has been amended to reflect the outcome of a decision of the Court of Appeal (2017) with respect to the consent requirement under s.20 Children Act 1989. The court recognised that the word 'consent' does not appear in s.20. However, it described the guidance contained in previous case law as 'good practice guidance', emphasising that its judgment should not alter the content or effect of these (see Section 1.3.1, Obtaining Parental Consent). |
Children in Care Reviews | This chapter has been updated to fully reflect the Volume 2: Care Planning, Placement and Case Review Guidance and Regulation with respect to the circumstances as to when a Children in Care Review should be brought forward. The list is not exhaustive (see Section 2, Frequency of Children in Care Reviews). |
Placement for Adoption | This procedure has been updated to emphasise 'procedural fairness' as a key aspect of the adoption planning process, which is key to ensuring birth parents are provided with information throughout the process, including the dates of placement/proposed changes of a child's Status, etc. This follows the outcome of a judicial review ([2017] EWHC 1041 (Admin)) (see new Section 4.2, Procedural Fairness). |
Applications for Special Guardianship Orders | This guidance has been reviewed throughout and updated as required to reflect current arrangements for placing children with Special Guardians and criteria for the provision of ongoing support. |
July 2017
Updated Chapters | |
Chapter Name | Details |
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities | This chapter has been updated to reflect the outcome of a court judgement on Ordinary Residence that has been included in DoH, Care and support statutory guidance (December 2016) (see Section 12, Funding Issues - Ordinary Residence). |
Placements with Parents | A note had been added into Section 1.2, Assessments and Checks before placements to remind workers that, when assessing whether the home environment is safe for the child, consideration should be given to the need for a risk assessment of any pets and the environment in which they are kept. |
Placements with Connected Persons | A note has been added into Section 3, Approval of Immediate Placements of Looked After Children with Connected Persons to remind workers that the initial viability assessments must include a risk assessment of any pets in the household and their living conditions. |
Placements in Secure Accommodation on Welfare Grounds | This guidance has been reviewed throughout and updated as required. |
Advocacy and Independent Visitors | A link has been added to the Children's Society publication 'Advocacy Services for Children and Young People – A Guide for Commissioners'. The guide outlines the legislative requirements placed on local authorities in relation to the provision of advocacy support to Children in Need and Children in Care. |
Appointment and Role of Independent Reviewing Managers | Revisions have been made in relation to the role of the Independent Reviewing Manager in line with the Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review. In particular, the need for the IRM to be sensitive to the close and active involvement of parents of Children in Care who experience a series of Short Breaks and problem-solving where there might be difficulties or issues. |
Social Visits (including Overnight Stays) | This guidance has been reviewing throughout and updated as required. |
Supervision and Support of Foster Carers | Section 5, Support Provided by the Supervising Social Worker has been updated to include the following: The Safer Care Policy should be updated as required to reflect any changes in household circumstances and any health and safety issues including the addition of any new pets to the household including the environment in which the pets are kept. |
Assessment and Approvals of Prospective Adopters | Section 5.3, Assessments has been updated to include that, where the applicants have pets, a risk assessment should be conducted and any associated risks should be taken into account both in relation to the pet itself and where the pet is kept. Where necessary, an independent assessment should be undertaken by a vet to establish whether the dog falls within the scope of the Dangerous Dogs Act 1991. |
Inter Country Adoption | Section 3, Initial Meeting has been updated to include information on the DfE Intercountry Adoption and Resident Status Requirements which set out the minimum requirements. However these requirements vary depending upon the circumstances of each case, and prospective adopters will need to obtain their own independent legal advice to establish the requirements that apply to their individual circumstances. In Section 4, Formal Approval a link has been added to the Intercountry adoption: means test form which contains information on how to apply for a fee reduction for if a person earning less than £45000 per year wishes to adopt a child from overseas. In Section 12, After Approval - information has been added on the Intercountry Adoption Forms: checklist for adoption which detail the paperwork adoption agencies must include in any intercountry adoption applications they submit to DfE. |
Applications for Special Guardianship Orders | This guidance has been updated to include details of the Adoption Support Fund which now also covers therapeutic support for children, living in England, who were in care immediately before the making of a Special Guardianship Order. See Section 9, Special Guardianship Support for further information. |
New Chapters and Features | |
Chapter Name | Details |
Children's Consultation and Participation | Working Together to Safeguard Children states clearly that one of the key principles underpinning safeguarding should be: "a child-centred approach: for services to be effective they should be based on a clear understanding of the needs and views of children". It is essential therefore that children and young people are enabled by professionals to participate in matters that affect them, particularly any plans or arrangements that will affect them and/or their family and are consulted with regard to processes designed to improve services both to them individually and more generally. This new guidance considers the benefits of, and barriers to, promoting the involvement of children and young people in the work of Children's Social Care. |
December 2016
Updated Chapters | |
Chapter Name | Details |
Assessments | This guidance has been updated to reflect the outcome of a judgment which was made following an application to remove a child at birth. The judge in the case highlighted a number of 'good practice steps' relevant when undertaking assessments and issuing care proceedings in respect of the removal of a child at birth. See Section 11.1, Pre-birth 'Good Practice Steps' for further information. |
Care and Supervision Proceedings and the Public Law Outline | This chapter has been updated to reflect the outcome of a judgment made following an application to remove a child at birth. The judge highlighted what were thought to be 'good practice steps' to issuing care proceedings in respect of the removal of a child at birth (see section 3.1, Pre-birth Planning and Proceedings). |
Legal Planning Meetings | This chapter has been updated to reflect the outcome of a judgment following an application to remove a child at birth. The judge set out what were thought to be 'basic and good practice steps' (see Section 2, Considerations). |
Access to Records | Links have been added to the following documents in Local Resources:
|
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities | Links have been added to the 'National Framework for Children and Young People's Continuing Care' and to 'Halton Guide to Parent Carers Needs Assessment'. |
Decision to Place a Child in Care and Care Planning | A link has been added to the ADCS/Cafcass Practice Guidance for the Use of Section 20. |
Placements in Foster Care | This chapter has been reviewed locally and updated throughout. |
Placements in Residential Care | This chapter has been reviewed and updated as part of the continuing improvement of the manual, and should be re-read throughout. |
Social Worker Visits to Children in Care | This chapter has been reviewed locally and updated throughout. |
Children in Care Reviews | This chapter has been amended to note The Law Society guidance 'Attendance of solicitors at local authority Children Act Meetings' and their Code of Conduct where the child or family who attend reviews are supported by a legal representative (see Section 8, Independent Reviewing Manager's Responsibilities). |
Education of Children in Care | Section 3, Avoidance of Disruption in Education has been updated to require that agreement should be sought from the Virtual School Head prior to any placement change, to ensure that the education provision meets the child's educational needs. |
Fostering Panel | This chapter has been reviewed locally and updated as required. Section 4, Fees and Expenses, is new. |
Assessment and Approvals of Foster Carers | This chapter has been reviewed and updated as required. Section 14, Approval of Carers Employed by Halton Borough Council is new. |
Supervision and Support of Foster Carers | This chapter has been reviewed and updated as required. Section 6, Babysitting by Persons other than the Foster Carer, is new. |
New Chapters and Features | |
Chapter Name | Details |
Early Intervention Strategy | This strategy has been added to the manual. |
Relinquished Children | This new chapter deals with the first stages of the adoption process for relinquished children, whilst signposting other key processes that should be progressed and which are expected for any child who is Accommodated or where the plan is for adoption. It also summarises the counselling and support that will be made available to the birth family in these circumstances. Once a decision is made and consent is formally given, although not irreversible, the adoption process is as for any other child. |