Amendments
August 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. In Relevant Guidance, a link has been added to Pre-proceedings and Family Justice Hub (Research in Practice). |
| 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. |
| Aftercare under Section 117 of the Mental Health Act 1983 | This chapter has been amended to include a link to Self-harm: Assessment, Management and Preventing Recurrence NICE Guidance into Further Information. |
| 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 and Safety | Information in relation to allergies has been added into Section 6, Diet, Nutrition and Allergies. |
| Health Care Assessments and Plans | Information in relation to allergie has been added into Section 4, Health Planss. |
| Marriage/Civil Partnership of a Looked After Child | This chapter has been amended to reflect that the Marriage and Civil Partnership (Minimum Age) Act 2022 raised the age of marriage and civil partnership to 18 in England and Wales, with effect from 26 February 2023. |
| Leaving Care and Transition | This chapter has been revised to include information from the revised Ofsted inspection framework. |
| Allegations Against Foster Carers | This chapter has been amended in line with revised Keeping Children Safe in Education. A new Section 2, The Difference Between an Allegation of Harm and a Concern has been added. |
| Allegations Against Prospective Adopters and in Relation to Children Placed for Adoption or Already Adopted | This chapter has been amended in line with revised Keeping Children Safe in Education. A new Section 2, The Difference Between an Allegation of Harm and a Concern has 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 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. |
| New Chapters and Features | |
| Chapter Title | Details |
| Support Panel | This chapter has been added to the manual. |
| Roles and Expectations of Independent Reviewing Officers | This chapter has been added. |
| Review of the Child’s Plan for Children in Care | This chapter has been added to the manual. |
| One Minute Briefing: Positive Challenge and Escalation | This chapter has been added to the manual. |
| Quality Assurance Process – Positive Challenge and Formal Escalation | This chapter has been added to the manual. |
| Children Involved in the Youth Justice System: Additional National Guidance | This chapter has been added to the manual. |
| Removed Chapters and Features | |
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| Next Update: February 2024 |
February 2023
| Updated Chapters | |
| Chapter Name | Details |
| Prevention and Early Help Strategy | This PDF has been updated. |
| Care and Supervision Proceedings and the Public Law Outline | This chapter has been amended throughout in line with Management Guidance in Public Law Children Cases: March 2022. |
| 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. |
| Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery | An amendment has been made to the Section 1, Introductions and Definitions to include information regarding the National Transfer Scheme Protocol for Unaccompanied Asylum Seeking Children becoming temporarily mandatory for all councils. |
| Local Authority's Sufficiency Duty - Accommodation for Looked After Children | This chapter has been updated. |
| Decision to Look After | This chapter has been updated. |
| Ceasing to Look After a Child | This chapter has been updated to add a note regarding transferring a child’s belongings in appropriate luggage and includes a link to a link to NYAS, My Things Matter Report (see Section 5, Administration / Process Issues). |
| Placements with Parents | Changes to this chapter have been made in line with the Recommendations to Achieve Best Practice in the Child Protection and Family Justice Systems (Public Law Working Group). |
| 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. |
| 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. |
| Contact with Parents/Adults and Siblings | Section 3, Supervised Contact has been updated to reflect a finding by the Local Government and Social Care Ombudsman that the supervisor's observations of the contact must be clearly recorded in the child's record and shared with the parents within 3 months of the visit. A link to Child net Parents and Carers Toolkit has been added also to the chapter. |
| 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. |
| Positive Relationships and Behaviour Management | This chapter has been refreshed and should be reread in its entirety. |
| Restrictive Physical Intervention and Restraint | This chapter has been refreshed and should be reread in its entirety. |
| Looked After Children and Young People in Contact with Youth Justice Services | Section 2, Looked After Children who are Arrested has been updated in relation to appropriate adults. |
| Allegations Against Foster Carers | This chapter has been refreshed. |
| Recruitment, Assessment and Approvals of Prospective Adopters | 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. |
| List of Agency Decision Makers, Designated Managers and Nominated Officers | This Document has been refreshed. |
| New Chapters and Features | |
| Chapter Title | Details |
| Equality and Diversity | This chapter has been added to the manual. |
| Care Planning | This chapter has been added. |
| Risk Assessment and Planning | This chapter has been added to the manual. |
| Providing Personalised Care | This chapter has been added to the manual. |
| Health and Safety | This chapter has been added to the manual. |
| Leisure Activities | This chapter has been added to the manual. |
| Training and Development of Foster Carers | This chapter has been added to the manual. |
July 2022
| Updated Chapters | |
| Chapter Name | Details |
| Contacts and Referrals | Amendments have been made to Section 1, Initial Contacts. |
| Care and Supervision Proceedings and the Public Law Outline | This chapter has been updated and should be reread in its entirety. |
| Legal Gateway/Planning Meetings | This chapter has been substantially updated. |
| Capacity and Consent | Section 4.3, Consent to the Use of Medication to Suppress Puberty 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. |
| Short Breaks | Minor amendments have been made to Section 6, Social Worker Visits. |
| Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery | An amendment has been made to the Section 1, Introductions and Definitions to include information regarding the National Transfer Scheme Protocol for Unaccompanied Asylum Seeking Children becoming temporarily mandatory for all councils. |
| 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). |
| 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). |
| Looked After Children and Young People in Contact with Youth Justice Services | Minor amendments have been made to Section 7, Responsibilities of the Local Authority to Looked After Young People in Custody. |
| List of Agency Decision Makers, Designated Managers and Nominated Officers | This PDF has been updated. |
January 2022
| Updated Chapters | |
| Chapter Name | Details |
| Child in Need Plans and Reviews | This chapter has been reviewed. |
| Care and Supervision Proceedings and the Public Law Outline | The link to the SWET (updated April 2021) has been updated. Section 2, Pre-Proceedings has also been updated to include information in relation to pre-birth assessments and planning where the mother has learning disabilities. |
| Electronic Recording of Meetings and Conversations | Information has been added on recording by employees in a professional capacity, and links added to relevant guidance. |
| Children and Young People Aged 0-25 with Special Educational Needs and Disabilities | This chapter has been refreshed and updated and includes links to related reports from the House of Commons Library (see Further Information and Statutory Guidance). |
| Short Breaks | Information has been added in to Section 7, Short Break Settings, in relation to the prohibition on looked after children under the age of 16 being placed in ‘other arrangements’ placements for the purposes of a short break. |
| Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery | A link has been added to the Independent Child Trafficking Guardians Referral Form. In areas where the ICTG service has been implemented, if the social worker considers a child to be a potential victim of modern slavery, they should refer them to the ICTG service by completing the online referral form. Section 6.1, Placement Options was updated in relation to placements in ‘other arrangements’. Section 4, Assessment was updated in relation to Age Assessments. |
| Families with No Recourse to Public Funds | This chapter has been updated to note that the High Court in ST (a child, by his Litigation Friend VW) & VW v Secretary of State for the Home Department [2021] EWHC 1085 (Admin) held that immigration caseworkers, when deciding whether to accept that the applicant is ‘destitute or at risk of imminent destitution’ are required to ‘have regard to the need to safeguard and promote the welfare’ of any children involved in the application, in accordance with section 55 Borders, Citizenship and Immigration Act 2009. |
| Family and Friends Care | This chapter has been revised. New Section 7, Education has been added and information added on the School Admission Code. |
| 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 Looked After Children | This chapter has been refreshed and a link added to House of Commons Library Briefing Paper: Criminal Injuries Compensation for Victims of Child Abuse. |
| Placements with Parents | Section 1, Planned Placements has been updated to add information on placements in ‘other arrangements’. |
| 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 Area Placements | Section 6, Placements in Wales was 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 was updated in line with updated Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review. |
| Remands to Local Authority Accommodation or to Youth Detention Accommodation | Information was added in to Section 3, Local Authority Accommodation, in relation to children under the age of 16 being placed in ‘other arrangements’ placements. |
| Advocacy and Independent Visitors | This chapter has been refreshed and should be re-read. |
| Education of Looked After and Previously Looked After Children | This chapter has been significantly amended to reflect the ‘Review of Sexual Abuse in Schools and Colleges (Ofsted, June 2021)’; updated ‘Keeping Children Safe in Education’ (see Scope Box) and Sexual Harassment in Education – Briefing (House Of Parliament Library, June 2021) (see Section 8.2, Protecting looked after children from sexual harassment and child on child abuse). The chapter has also been amended to reflect Promoting the Education of Children with a Social Worker: Virtual School Head Role Extension, June 2021. Also revised In Section 6, When a Child Needs or Joins a New School, information was added on the School Admission Code. |
| Leaving Care and Transition | Section 6, Pathway Planning has been updated to note that, in relevant cases, immigration status should be included as a separate section on the Pathway Plan. This will help to ensure that young people who have been granted Pre Settled Status under the EU Settlement Scheme apply to convert this to Settled Status at the appropriate. Pathway Plans should contain clear information about what action needs to be taken by whom and when to ensure that the young person’s right to remain legally in the UK is not jeopardised. |
| Responsibilities of the Local Authority to Former Looked After Children and Young People in Custody | This chapter has been updated in line with the changes made from 24 June 2021, probation services will be delivered by the National Probation Service. |
| Placement for Adoption | This chapter has been amended in line with changes made by CorramBAAF to the forms. |
| Adoption Case Records | This chapter has been amended in line with changes made by CorramBAAF to the forms. |
| List of Agency Decision Makers, Designated Managers and Nominated Officers | This list has been updated. |
| New Chapters and Features | |
| Chapter Title | Details |
| Family Justice Resource Hub (ADCS) | A link to this resource has been added to the manual. |
| Aftercare under Section 117 of the Mental Health Act 1983 | This policy applies when a child or care leaver is discharged from hospital after having been detained under the Mental Health Act 1983. |
| Placements in Other Arrangements | This procedure has been added to the manual. |
| YJB and Probation Joint National Protocol for Transitions in England | A link to this protocol has been added to the manual. |
July 2021
| Updated Chapters | |
| Chapter Name | Details |
| Complaints and Representations | Information contained in this procedure has been reviewed and refreshed as required. |
| 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 | Section 11, Further Information has been updated to include a link to Statutory Guidance Modern Slavery: How to Identify and Support Victims. |
| Families with No Recourse to Public Funds | This chapter has been refreshed throughout. |
| Prevention of Homelessness and Provision of Accommodation for 16 and 17 Year Olds who may be Homeless and/or Require Accommodation; and Duty to Refer | This chapter has been updated to add a link to Joint Housing Protocols for Care Leavers: good practice advice (DfE and MHCLG) to support the development of joint protocols that can help local authorities to meet the accommodation needs of care leavers (see new Section 4, Housing Protocols for Care Leavers). |
| Placements in Secure Accommodation on Welfare Grounds | A new Section 10, Use of Inherent Jurisdiction to Authorise a Placement Involving a Deprivation of Liberty When One or More of the Relevant Criteria Under Section 25 Children Act 1989 are Not Satisfied has been added. A revised link has been added to Secure Children's Homes, see Section 6, Placements of Children under the age of 13 Years. |
| Education of Looked After and Previously Looked After Children | This chapter has been updated to reflect minor changes from the revised Working Together to Safeguard Children (amendments to bullet points in Section 8.1, Child Protection Policy and Procedures). |
| Holidays and School Trips In and Outside the UK | This chapter has been refreshed throughout. Section 2.3, Insurance Cover has been updated to include details of how to apply for a Global Health Insurance Card (GHIC) which provides access to reduced cost or free medical insurance in the EU, Iceland, Liechtenstein, Norway or Switzerland. Section 2.4, Obtaining a Passport has also been updated to link to reissued Ministry of Justice guidance for Local Authorities Children's Services Departments when Applying for Passports on Behalf of Children. |
| Restrictive Physical Intervention | This chapter has been reviewed and should be re-read in its entirety. |
| Leaving Care and Transition | This chapter has been updated with a link to Joint Housing Protocols for Care Leavers: good practice advice (DfE and MHCLG) to support the development of joint protocols that can help local authorities to meet the accommodation needs of care leavers. Additional content has therefore been added in a new Section 8, Joint Housing Protocols for Care Leavers as well as Section 7, Reviews of Pathway Plans and Section 13, Where Care Leavers Live or Move to a Different Local Authority Area. |
| Responsibilities of the Local Authority to Former Looked After Children and Young People in Custody | This chapter has been updated to reflect the Joint Housing Protocols for Care Leavers: good practice advice, Section 2.6 Care leavers leaving custody (DfE and MHCLG) (see Section 3.9, Planning for Release). |
| Assessment and Approvals of Foster Carers | A revised link has been added to Prepare for a Review Panel: Adopters and Foster Carers (GOV.UK). |
| Review and Termination of Approval of Foster Carers | A revised link has been added to Prepare for a Review Panel: Adopters and Foster Carers (GOV.UK). |
| Assessment and Approvals of Prospective Adopters | A revised link has been added to Prepare for a Review Panel: Adopters and Foster Carers (GOV.UK). |
| Access to Birth Records and Adoption Case Records | This chapter has been refreshed throughout and information added on applying for a copy of a birth certificate online. |
| List of Agency Decision Makers, Designated Managers and Nominated Officers | These details have been updated. |
| New Chapters and Features | |
| Chapter Title | Details |
| Hearing the Voice of The Child and Understanding their Lived Experience - Guidance | This guidance has been added to the manual. |
| Allocation of Work and Transfer between Teams | This document has been added to the manual. |
| Capacity and Consent | This chapter offers guidance in relation to the various situations in which consent is likely to be sought, with reference to previous legal judgments. |
| Storage of Data on Mobile Devices | This chapter provides guidance on the storage of personal data (including photographs) on mobile devices. 'Personal data' is any information about an identifiable living individual. 'Mobile devices' includes memory sticks, mobile telephones including smartphones, tablet technologies, netbooks and laptops. |
| Use of Social Media Sites by Social Care and Safeguarding Staff | This chapter is designed to highlight some of the issues to be considered, with links to additional information. |
