March 2024
Updated Chapters | |
Chapter Name | Details |
Information has been added into Section 4, Care Orders on a Care Plan of the Child Remaining at Home in relation to Supervision Orders, in line with Public Law Working Group (PLWG) Recommendations to Achieve Best Practice in the Child Protection and Family Justice Systems: Supervision Orders. |
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Additional information has been added into Relevant Guidance. |
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Children and Young People Aged 0-25 with Special Educational Needs and Disabilities |
This chapter has been amended to include information from Special Educational Needs and Disability: Improving Local Authority Decision Making - Report of the Administrative Justice Council’s Working Group on Special Educational Needs and Disability. Information has been added into Section 15, Resolving Disagreements in relation to legal aid for foster carers and prospective adoptive parents in First Tier Tribunal appeals. |
Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery |
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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This chapter has been updated to add additional links in Further Information. |
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This chapter has been refreshed. |
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Section 2, Ordinary Residence has been updated in line with case law. |
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Additional information has been added into Further Information. |
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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. |
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Section 10, Use of Inherent Jurisdiction to Authorise a Placement Involving a Deprivation of Liberty has been updated in line with Revised Practice Guidance on the Court’s Approach to Unregistered Placements (October 2023) and Revised National Listing Protocol for Applications that Seek Deprivation of Liberty Orders Relating to Children under the Inherent Jurisdiction. |
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This chapter has been updated to include information from Guidance - Placing Children: Deprivation of Liberty Orders (Ofsted) - guidance for providers, social workers and placement commissioners on placing children, subject to a deprivation of liberty order (DoL), in unregistered setting. |
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This chapter has been updated. |
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Additional information has been added about online safety. |
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This chapter has been revised to include additional links to local information. |
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New Chapters | |
Chapter Name | Details |
Flowchart - EU Settlement Scheme: Looked After Children and Care Leavers |
This flowchart has been added to the manual. |
This document has been added to the procedures manual. |
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This chapter has been added to the procedures manual. |
Next Update: March 2024 |
Archive
August 2023
Updated Chapters | |
Chapter Name | Details |
Capacity and Consent |
Amendments have been made to reflect case-law in relation to assessing legal capacity. |
Care and Supervision Proceedings and the Public Law Outline |
Section 8, Court Hearings has been updated in line with A View From the President’s Chambers: Relaunching the PLO (November 2022) and that section should be re-read. In Relevant Guidance a link has been added to Pre-proceedings and Family Justice Hub (Research in Practice). |
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. |
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. A link has been added to local guidance Quality Monitoring of External Children's Homes. |
Decision for a Child/Young Person to Become a Child in Our Care |
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). |
Placements in Other Arrangements |
This chapter has been updated throughout in line with the Supported Accommodation (England) Regulations 2023. |
Health Care Assessments and Plans |
Information has been added into Section 4, Health Plans in relation to allergies. |
Health and Safety |
Information has been added into Section 6, Diet, Nutrition and Allergies, in relation to allergies. |
Marriage/Civil Partnership of a Looked After Child |
This chapter has been updated. |
Leaving Care |
This chapter has been revised to include information from the revised Ofsted inspection framework. |
Fostering Panel |
A link has been added to local information Fostering Strategy 2022-25. |
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. |
Applications for Special Guardianship Orders |
This chapter has been updated to add information into Section 6.2, Special Guardianship Applications in Care Proceedings in relation to timing of assessments. A link has been added to local information Policy for the Calculation and Payment of Special Guardianship Allowances. |
Local Contacts |
This chapter has been updated throughout. |
List of Agency Decision Makers, Designated Managers and Nominated Officers |
This chapter has been updated throughout. |
New Chapters | |
Chapter Name | Details |
Policy for the Calculation and Payment of Special Guardianship Allowances |
This new document has been added. |
March 2023
Updated Chapters | |
Chapter Name | Details |
Care and Supervision Proceedings and the Public Law Outline |
This chapter has been amended throughout in line with Management Guidance in Public Law Children Cases: March 2022. |
Case Records and Retention |
This chapter has been updated in relation to the Independent Inquiry into Child Sexual Abuse. |
Aftercare under Section 117 of the Mental Health Act 1983 |
This chapter has been amended to refer to Guidance issued by the Local Government and Social Care Ombudsman and the Parliamentary and Health Service Ombudsman. A link has been added to Self-harm: Assessment, Management and Preventing Recurrence NICE Guidance in the Further Information section. |
Placements Outside England and Wales |
Section 3, Placements in Scotland, Northern Ireland, Isle of Man and Guernsey has been updated to reflect 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. |
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. |
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. |
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. |
August 2022
Updated Chapters | |
Chapter Name | Details |
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities | Section 15, Resolving Disagreements has been updated in line with the First Tier Tribunal's extended powers to hear appeals and make non-binding recommendations about health and social care aspects of Education, Health and Care (EHC) plans, provided those appeals also include education elements. |
Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery | This chapter has been updated to reflect the National Transfer Scheme being mandated. |
Aftercare under Section 117 of the Mental Health Act 1983 | Section 2, Ordinary Residence has been updated in line with case-law. |
Decision for a Child/Young Person to Become a Child in Our Care | This chapter has been refreshed throughout. |
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). |
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). |
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. |
Education of Children with a Social Worker, Children in Our Care and Care Experienced Young People | This chapter has been updated to reflect Keeping Children Safe in Education. 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 throughout. |
Restrictive Physical Intervention and Restraint | This chapter has been refreshed. |
Leaving 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 Scope of This Chapter). |
Fostering Panel | This chapter has bee refreshed throughout. |
Allegations Against Foster Carers | This chapter has bee refreshed throughout. |
New Chapters and Features | |
Chapter Name | Details |
Equality and Diversity | This chapter has been added to the procedures manual. |
Care Planning | This chapter has been added to the procedures manual. |
Risk Assessment and Planning | This chapter has been added to the procedures manual. |
Providing Personalised Care | This chapter has been added to the procedures manual. |
Leisure Activities | This chapter has been added to the procedures manual. |
Health and Safety | This chapter has been added to the procedures manual. |
Training and Development of Foster Carers | This chapter has been added to the procedures manual. |
February 2022
Updated Chapters | |
Chapter Name | Details |
Contacts and Referrals | This chapter has been reviewed and updated to reflect guidance from the refreshed Working Together to Safeguard Children. |
Assessments | This chapter has been amended to add a new Section 16, 16 and 17 Year Olds who May be Homeless and/or Require Accommodation and reflects the issue of homelessness and the vulnerability of young people identified in Working Together to Safeguard Children. |
Capacity and Consent | Section 4.3, Consent to the Use of Medication to Suppress Puberty has been updated in line with case-law. |
Care and Supervision Proceedings and the Public Law Outline | This chapter has been revised throughout. |
Legal Gateway / Planning Meetings | This chapter has been revised throughout. |
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 | This chapter has been revised throughout. |
Use of Social Media Sites by Social Care and Safeguarding Staff | This chapter has been revised throughout. |
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities | This chapter has been refreshed and updated to include links to related reports from the House of Commons Library (see 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 | This chapter has been updated. A link 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. |
Decision to Look After and Care Planning | Section 1.3, Section 20 Accommodation has been revised in line with the Public Law Working Group (PLWG) Recommendations to Achieve Best Practice in the Child Protection and Family Justice Systems. |
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 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 | This chapter has been updated. Section 3, Placements in Scotland, Northern Ireland, Isle of Man and Guernsey has been updated in line with case-law and 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 in relation to children under the age of 16 being placed in 'other arrangements' placements has been added into Section 3, Local Authority Accommodation. |
Advocacy and Independent Visitors | This chapter has been revised throughout. |
Education of Children with a Social Worker, Looked After and Previously Looked After Children | This chapter has been revised to reflect the 'Review of Sexual Abuse in Schools and Colleges (Ofsted)'; updated 'Keeping Children Safe in Education' (see Further Information) 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. In Section 6, When a Child Needs or Joins a New School, information has been added on the School Admission Code. |
Restrictive Physical Intervention | A link has been added to Related Guidance. |
Applications for Special Guardianship Orders | This chapter has been revised to reflect Practice Guidance on Special Guardianship published by the Family Justice Council. In Section 12, The Special Guardianship Support Plan, information has been added on the School Admission Code. |
Court Reports in Adoption/Special Guardianship Guidance | This chapter has been updated to note the Family Justice Council Guidance on Special Guardianship. |
New Chapters and Features | |
Chapter Name | Details |
Aftercare under Section 117 of the Mental Health Act 1983 | This chapter has been added to the procedures manual. |
Placements in Other Arrangements | This chapter has been added to the procedures manual. |
August 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. Information has also been added in relation to NICE Quality Standard: Decision-Making and Mental Capacity. |
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 to this chapter in line with the UK's exit from the EEA. |
Families with No Recourse to Public Funds | This chapter has been revised throughout to take account of 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 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. Section 6, Placements of Children under the age of 13 Years has been updated following publication of revised DfE guidance. |
Holidays and School Trips In and Outside the UK | This chapter has been refreshed throughout. |
Leaving Care | 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). |
Fostering Panel | Minor amendments have been made throughout in line with local practice. |
Assessment and Approvals of Foster Carers | This chapter has been revised throughout in line with local practice. |
Review and Termination of Approval of Foster Carers | This chapter has been revised throughout in line with local practice. |
Applications for Special Guardianship Orders | Minor amendments have been made throughout this chapter in line with local practice. |
List of Agency Decision Makers, Designated Managers and Nominated Officers | The Fostering section has been updated. |
February 2021
Updated Chapters | |
Chapter Name | Details |
Complaints and Representations | This chapter has been refreshed throughout. |
Use of Social Media Sites by Social Care and Safeguarding Staff | This chapter has been substantially updated and should be re-read. |
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. |
Placements in Secure Accommodation on Welfare Grounds | This chapter has been updated to reflect updated guidance (see Section 6, Placements of Children under the age of 13 Years). |
Notifications of Significant Events | This chapter has been refreshed throughout. |
Leaving Care | In Section 9.2, Care Leavers Continuing in Education, the link has been updated. |
August 2020
Updated Chapters | |
Chapter Name | Details |
Assessments | This chapter has been updated in line with the new digital referral system for reporting potential victims of Modern Slavery. |
Transferring Cases between Social Work Teams | Updated local information has been added. |
Legal Gateway / Planning Meetings | This chapter has been updated throughout in line with local practice. |
Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery | This chapter has been updated in line with the new digital referral system for reporting potential victims of Modern Slavery. |
Local Authority's Sufficiency Duty - Accommodation for Looked After Children | Minor amendments in line with local practice have been made in Section 2, The Most Appropriate Placement |
Decision to Look After and Care Planning | This chapter has been amended. Minor amendments have been made throughout in line with local practice. |
Permanence Policy and Guidance | A revised local document has been added. |
Criminal Injuries Compensation Authority Claims for Looked After Children | Minor amendments have been made. In Section 7, Appealing Decisions the address for the First Tier Tribunal has been updated. |
Placements with Connected Persons | Minor amendments have been made in local practice in Section 4, The Placement. |
Placements in Foster Care | Minor amendments have been made throughout in line with local practice/terminology. |
Assessment and Approvals of Foster Carers | Amendments have been made in line with local practice in:
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List of Agency Decision Makers, Designated Managers and Nominated Officers | Updated: Designated Manager (Emigration). |
New Chapters and Features | |
Chapter Name | Details |
Capacity and Consent | This chapter has been added to the procedures manual. |
Storage of Data on Mobile Devices | This chapter has been added to the procedures manual. |
Use of Social Media Sites by Social Care and Safeguarding Staff | This chapter has been added to the procedures manual. |
Adopt North East Operational Guidance Policy | This local content replaces the previous Adoption chapters. |
Removed Chapters | |
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March 2020
Updated Chapters | |
Chapter Name | Details |
Early Help Pathway | An updated version of this local guidance has been added. |
Contacts and Referrals | This chapter has been revised in line with local practice, structure and terminology. |
Assessments | This chapter has been revised throughout to reflect local practice and the Signs of Safety model. |
Child Protection Enquiries (Section 47) | This chapter has been revised in line with local practice, structure and terminology. |
Transferring Cases between Social Work Teams | An updated version of this local guidance has been added. |
Child in Need Plans and Reviews | This chapter has been revised in line with local practice, structure and terminology. |
Care and Supervision Proceedings and the Public Law Outline | This chapter has been updated to reference and note the Family Court Justice Interim Guidance on Special Guardianship, Courts and Tribunals Judiciary (May 2019). |
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities | An update has been made in Section 1, Principles to draw attention to OFSTED's advice that Local Authorities should exercise due diligence in ensuring schools for pupils with SEN are registered with the DFE. The same diligence should be exercised on behalf of pupils with SEN. In the Further Information and Statutory Guidance section, a link has been added to information on preparation and transitions to adulthood. |
Direct Payments | This chapter has been revised in line with local practice. |
Short Breaks | A link has been added to the Short Breaks Statement. |
Looked After Reviews | This chapter has been revised in line with local practice, structure and terminology. |
Appointment and Role of Independent Reviewing Officers | This chapter has been revised in line with local practice, structure and terminology. |
Secure Accommodation (Criteria) Reviews | This chapter has been reviewed to clarify arrangements relating to Looked After reviews and secure accommodation reviews. |
Notifications of Significant Events | This chapter has been revised throughout. |
Family Time (Contact) with Parents and Siblings | An updated version of this local guidance has been added. |
Education of Looked After 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 the Looked After Child 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 LAC pupils are registered with the DFE has been added. |
Leaving Care | This chapter has been revised throughout in line with local practice, structure and terminology. |
Assessment and Approvals of Foster Carers | A link has been added to Attending an IRM Panel: Information Sheets. |
Supervision and Support of Foster Carers | This chapter has been updated to reflect in more detail the foster carer's role and responsibilities with respect to Fostering National Minimum Standards – Notification of Significant Events and relevant aspects of Schedule 6 The Fostering Services (England) Regulations 2011. |
Review and Termination of Approval of Foster Carers | A link has been added to Attending an IRM Panel: Information Sheets. |
Allegations Against Foster Carers | This chapter has been reviewed and refreshed, and terminology has been updated where required. |
Applications for Special Guardianship Orders | This chapter has been updated to reference and reflect the Family Court Justice Interim Guidance on Special Guardianship, Courts and Tribunals Judiciary. |
Court Reports in Adoption/Special Guardianship Guidance | This chapter has been updated to note the Family Court Justice Interim Guidance on Special Guardianship, Courts and Tribunals Judiciary (May 2019). |
Local Contacts | This chapter has been updated throughout. |
List of Agency Decision Makers, Designated Managers and Nominated Officers | This chapter has been updated throughout. |
New Chapters and Features | |
Chapter Name | Details |
Local Protocol for Assessment | This local guidance has been added to the procedures manual. |
Use of Consent by the Multi-Agency Safeguarding Hub (MASH) | This local guidance has been added to the procedures manual. |
Policy for Disagreements with the Decisions of the Multi-Agency Safeguarding Hub | The purpose of this policy is to ensure that all professionals, parents, carers, members of the child's network and children and young people themselves have access to a simple, straightforward process to quickly escalate and resolve disagreements that they may have about decision-making by the North Tyneside Multi-Agency Safeguarding Hub (MASH). |
Disagreeing with a Decision made by the Multi-Agency Safeguarding Hub (MASH) (Flowchart) | This local flowchart has been added. |
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). |
August 2019
Updated Chapters | |
Chapter Name | Details |
Children's Consultation and Participation | Section 8, Further Information has been added. |
Care and Supervision Proceedings and the Public Law Outline | This chapter has been amended to reflect changes from 'Practice Direction 27a - Family Proceedings: Court Bundles (Universal Practice to be Applied in the High Court and Family Court)', in relation to the required maximum length of certain court documents, (unless otherwise specifically directed by the court). In addition, a new subsection of Section 4.1, Local Authority Documentation - 'Final Care Plan' 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. |
Death or Serious Injury to a Child (Looked After and Child In Need) | This chapter has been revised throughout to reflect revised arrangements for reporting a serious incident to the Panel via the Child Safeguarding Incident Notification System. |
Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery | New Section 6, Suitable Placements has been added. Details of the National Transfer Scheme Protocol for Unaccompanied Asylum Seeking Children Version 2.0 March 2018 have been added into Section 1, Introduction and Definitions. |
Private Fostering | This chapter has been updated to confirm in After the Private Fostering Arrangement Ends, that any request for support by the young person should be made to the local authority in which they are resident or where the education and training is being provided. |
Decision to Look After and Care Planning | This chapter has been amended to reflect Section 3 of the Care Planning and Care Leavers (Amendment) Regulations 2014. The Care Plan must identify whether there is reason to believe the child has been trafficked or is an unaccompanied asylum seeker. |
Social Worker Visits to Looked After Children | This chapter has been amended to include a link to the Leaving Care and Transition Procedure in relation to Personal Adviser visits to 'Relevant' or 'Former Relevant' young people. |
Education of Looked After and Previously Looked After Children | This chapter has been substantially updated and should be re-read. |
Leaving Care and Transition | Amendments have been made in:
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Assessment and Approvals of Foster Carers | Additional information has been added in to Section 4.1, Checks, in relation to the application process for criminal records checks or 'Certificates of Good Character' for someone from overseas. |
Assessment and Approvals of Prospective Adopters | This chapter has been amended to remove references to the Adoption Register. |
February 2019
Updated Chapters | |
Chapter Name | Details |
Assessments | This chapter has been revised to reflect updated guidance on assessment in Working Together to Safeguard Children. |
Children's Consultation and Participation | This chapter has been updated in line with Working Together to Safeguard Children. |
Care and Supervision Proceedings and the Public Law Outline | This chapter has been amended to reflect HHJ Greensmith's comments 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). In Section 2, Pre-Proceedings, additional information has been added in relation to parents who lack capacity and added links to the President of the Family Division, Family Proceedings: Parents with a Learning Disability note, and a relevant link to working with parents who have a learning disability. In Related Guidance, a link to the Social Work Evidence Template has been updated. |
Death or Serious Injury to a Child (Looked After and Child In Need) | This chapter has been updated. From 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 chapter has 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). |
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 chapter has been updated in line with the UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018. |
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities | This chapter has been updated in line with the Children and Social Work Act 2017 and revised 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. |
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 added. It links to statutory guidance 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. |
Family and Friends Care | A link has been added to 'Looking after Someone Child' (GOV.UK). |
Decision to Look After and Care Planning | Additional information has been added in to Section 1.3, Section 20 Accommodation, in line with recent case-law. |
Ceasing to Look After a Child | This chapter 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. Previously Looked After Children are entitled to support from their school through the Designated Teacher (see Section 2.5, Children Who Move into Permanency). |
Permanence Planning Guidance | This chapter has been updated in line with the Children and Social Work Act 2017 and 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. Children subject to a Adoption, Special Guardianship or Child Arrangements Order are entitled to support from their school, through the designated teacher. |
Placements in Secure Accommodation on Welfare Grounds | This chapter has been updated to reflect the updated guidance 'Secure Children's Homes: How to Place a Child aged under 13 (July 2018)'. (See Section 6, Placements of Children under the age of 13 Years). |
Remands to Local Authority Accommodation or to Youth Detention Accommodation | This chapter has been updated in relation to placing young people in custody, see Section 2.3, How to Request a Transfer or Placement Review. |
Looked After Reviews | Section 9, The Role of the Looked After Review in Achieving Permanence for the Child has been amended to reflect the outcome of a High Court Judgement in respect of children who were subject to Section 20 and where there were concerns of significant delays in their planning for permanence. The court noted the IROs' recognition and action over a number of reviews but acknowledged that a more robust response had been needed. |
Education of Looked After and Previously Looked After Children | This chapter has been revised throughout in line with the Children and Social Work Act 2017. |
Looked After Children and Young People in Contact with Youth Justice Services | This chapter has been updated in relation to placing young people in custody, see Section 7.7, How to Request a Transfer or Placement Review. |
Responsibilities of the Local Authority to Former Looked After Children and Young People in Custody | This chapter has been updated in relation to placing young people in custody, see Section 3.8, How to Request a Transfer or Placement Review. |
Adoption Support | This chapter has been updated in line with the Children and Social Work Act 2017 and revised statutory guidance which 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 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. |
Adoption Reviews | Section 5, The Conduct of Adoption Reviews (bullet point 1.d) 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. |
Adoption Case Records | Section 3, Security Retention and Sharing of Records has been updated in line with the Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018, which provide that an adoption agency may disclose an adoption case record to another adoption agency for purposes related to either agency's functions as an adoption agency. Further information has been added in relation to adoption records where an Adoption Order is not made. |
Life Story Books Guidance | This chapter has been given a general refresh. |
Later Life Letters | This chapter has been given a general refresh throughout. |
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. |
Applications for Special Guardianship Orders | This chapter has been updated in line with the Children and Social Work Act 2017 and revised 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. It has also been updated to reflect the Local Government and Social Care Ombudsman good practice points to follow when working with Special Guardians. A link to the full report 'Firm Foundations: Complaints about Council Support and Advice for Special Guardians (Local Government and Social Care Ombudsman) (May 2018)' has been added into the Relevant National Guidance section of this chapter. |
August 2018
Updated Chapters | |
Chapter Name | Details |
Recording Policy and Guidelines | This chapter has been updated in line with the UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018. |
Access to Records | This chapter has been updated in line with the UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018. |
Confidentiality Policy | This chapter has been updated in line with the UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018. |
Electronic Recording of Meetings and Conversations | This chapter has been updated in line with the UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018. |
Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery | This chapter has been refreshed throughout, and additional information added in relation to trafficking and modern slavery. |
Provision of Accommodation for 16 and 17 Year Olds who may be Homeless and/or Require Accommodation | This link has been updated. |
Decision to Look After and Care Planning | Section 2.1, The Care Plan – Contents has been amended to reflect the additional 'permanence provisions' of the Care Plan (s.8 Children and Social Work Act 2017) which a court is 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) which a court is required to consider when deciding whether to make a Care Order. |
Social Worker Visits to Looked After Children | This chapter has been updated to set out more clearly the circumstances where visiting requirements differ from those as set out in Section 1, Normal Frequency. |
Contact with Parents and Siblings | Section 2, Different Types of Contact has been updated to add further reference to electronic and mobile communication. |
Holidays and School Trips In and Outside the UK | The link for further information regarding the European Health Insurance Card has been updated in Section 2.4, Insurance. |
Health Care Assessments and Plans | A new Section 3.5, Consent to Health Care Assessments has been added. |
Leaving Care and Transition | This chapter has been updated throughout in line with the Children and Social Work Act 2017. |
Supervision and Support of Foster Carers | The link to the Transfer of Foster Carers Protocol England has been updated. |
Adoption Panel | This chapter has been updated in line with the UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018. |
Placement for Adoption | Section 1, Planning for Permanence has been updated to reflect s.9 Children and Social Work Act 2017. Whenever a court or adoption agency is coming to a decision relating to the adoption of a child, an additional consideration is added by of the relationship which the child has with any person who is a prospective adopter with whom the child is placed. |
Inter Country Adoption | Section 8, Home Study has been updated in relation to the examples given of public funds and government benefits. |
Fostering for Adoption, Concurrent Planning and Temporary Approval as Foster Carers of Approved Prospective Adopters | Section 4.1, Duty to Consider Fostering for Adoption Placement has been updated to reflect the additional consideration (added by s.9 Children and Social Work Act 2017 into the list of considerations whenever a court or adoption agency is coming to a decision relating to the adoption of a child), 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 |
Mental Capacity | A link has been added to this new resource. |
Deprivation of Liberty | A link has been added to this new resource. |
February 2018
Updated Chapters | |
Chapter Name | Details |
Contacts and Referrals | This chapter has been revised to set out in more detail the timetable and partnership requirements associated with effectively managing contacts and referrals. |
Unaccompanied Asylum Seeking Children | Section 3, Assessment has been updated. 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. The statutory guidance has been updated to link to the DfE 2017 Care of unaccompanied migrant children and child victims of modern slavery – statutory guidance for local authorities. The Modern Slavery Act 2015 is referenced in relation to age assessments. A link has been added to Securing British Citizenship for looked After Children - NRPF Network. |
Looked After Reviews | This chapter has been amended in line with Volume 2: Care Planning, Placement and Case Review Guidance and Regulations, with respect to the circumstances as to when a Looked After Review should be brought forward. |
Assessment and Approvals of Foster Carers | Section 8, After the Panel Recommendation has been updated to clarify that the decision as to the suitability of the applicant must be made within 7 working days of receipt of the panel's recommendation and final set of panel minutes. |
Placement for Adoption | This chapter has been amended to emphasise 'procedural fairness' as a key aspect of the adoption planning process in respect of ensuring parents are provided with information throughout, including the dates of placement/proposed changes of a child's status, etc. This follows the outcome of a judicial review. |
August 2017
Updated Chapters | |
Chapter Name | Details |
Assessments | A link has been added to the International Child Abduction and Contact Unit. |
Death or Serious Injury to a Child (Looked After 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 form. |
Case Records and Retention | This chapter has been reviewed to note that the Independent Inquiry into Child Sexual Abuse requires all institutions to retain their records relating to the care of children for the duration of the Inquiry (see Section 2, Retention and Confidentiality of Records). |
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 was included in DoH, Care and Support Statutory Guidance (December 2016) (see Section 12, Funding Issues - Ordinary Residence). A link has been added into Section 16, Further Information and Statutory Guidance to Guidance on SEND: 19- to 25-year-olds' Entitlement to EHC Plans (DfE 2017). |
Short Breaks | A link has been added to Friendship For All (The Children's Society). |
Families with No Recourse to Public Funds | A link has been added to Securing British Citizenship for looked After Children - NRPF Network. |
Family and Friends Care | A link has been added to FRG Initial Family and Friends Care. |
Private Fostering | This chapter has been amended to add clarity to the definition of private fostering with regards to the legislation and children under 16 who spend more than 2 weeks in residence during holiday time in a school. |
Young Carers | This chapter has been refreshed. |
Decision to Look After and Care Planning | This chapter has been amended to reflect the outcome of an Appeal Court hearing (2017) with respect to 'consent'. The court recognized that the term 'consent' itself was not used in Section 20. However, it described previous court observations as 'good practice guidance', emphasizing its judgment should not alter the content or effect of these (see Section 1.3.1, Obtaining Parental Consent). |
Placements with Parents | Section 1.2, Assessment and Checks before Placement, has been updated. Consideration should be given as to whether the home environment is safe for the child including where relevant, the need for a risk assessment of any pets and the environment in which they are kept. |
Placements with Connected Persons | Section 3, Approval of Immediate Placements of Looked After Children Connected Persons, has been updated to include, in matters that should be considered when placing a child with a Connected Person, an initial risk assessment of any pets, together with the environment in which the pet is kept. A link has been added to FRG Initial Family and Friends Care. |
Placements in Secure Accommodation on Welfare Grounds | This chapter has been updated throughout. |
Advocacy and Independent Visitors | This chapter has been updated to add a link to the Children's Society 'Advocacy Services for Children and Young People – A Guide for Commissioners'. This guide outlines the legislative requirements of local authorities in the provision of advocacy support to children in need and looked after children. |
Looked After 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 7, Supporters and Interpreters). |
Appointment and Role of Independent Reviewing Officers | This chapter has been updated in relation to the role of the Independent Reviewing Officer in line with The Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review. In particular, the IRO being sensitive to the close and active involvement of parents of a child looked after in a series of Short Breaks and problem-solving where there might be difficulties or issues. |
Social Visits (Including Overnight Stays) | This chapter has been updated throughout. |
Education of Looked After Children | A link to Supporting Pupils at School with Medical Conditions (2015): Statutory Guidance for Governing Bodies of Maintained Schools and Proprietors of Academies in England (DfE). |
Health Care Assessments and Plans | A link has been added to Children's Attachment: Attachment in Children and Young People who are Adopted from Care, in Care or at High Risk of Going into Care - NICE Guidelines (NG26). |
Personal Care and Relationships | A link has been added to Practice Guidance: Supporting Young People with HIV Testing and Prevention. |
Staying Put | A link has been updated to Staying Put: Good Practice Guide. The link has been added to Staying Put: The Catch 22 National Care Advisory Service. |
Change of Name of a Looked After Child | This chapter has been updated throughout. |
Supervision and Support of Foster Carers | Section 5, Support Provided by the Supervising Social Worker, has been updated. Additional information has been added in relation to the Safer Caring Plan and any health and safety issues including the addition of any new pets and the environment in which they are kept. |
Assessment and Approvals of Prospective Adopters | Section 5.3, Assessment has been updated to provide that where the applicants have pets, a risk assessment should be conducted and any associated risks should be taken into account with regard 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. |
Placement for Adoption | A link has been added to Contact After Adoption. |
Inter Country Adoption | This chapter has been updated to take account of DfE Intercountry Adoption and Resident Status Requirements, which set out the minimum requirements. However entry clearance 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 Intercountry Adoption: Means Test Form which contains information on how to apply for a fee reduction for people who wish to adopt a child from overseas and who earn £45,000 per year or less. In Section 12, After Approval, information has been added on the Intercountry Adoption Forms: Checklist for Adoption which details the paperwork adoption agencies must include in the intercountry adoption applications they submit to DfE. |
Applications for Special Guardianship Orders | This chapter has been substantially revised to reflect the most recent national DfE, Special Guardianship Guidance (January 2017) and should be re-read in full. |
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". |
Relinquished Children | This chapter deals with the first stages of the adoption process for relinquished children. |