Amendments

December 2023

CAPTION: December 2023
   
Updated Chapters
Chapter Title 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 Information has been added into Section 4, Care Orders and Supervisions Orders on a Care Plan of the Child Remaining at Home in relation to Supervision Orders, in line with Public Law Working Group (PLWG) Recommendations to Achieve Best Practice in the Child Protection and Family Justice Systems: Supervision Orders.
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities This chapter has been updated. Information in relation to legal aid for foster carers and prospective adoptive parents in First Tier Tribunal appeals has been added into Section 15, Resolving Disagreements.
Families with No Recourse to Public Funds Section 5.2.5, Providing Support has been updated to reflect the Home Office increase in financial support to individuals waiting to find out if they will be given asylum in the UK.
Placements in Other Arrangements This chapter has been updated.
Health and Safety Additional information has been added about online safety.
Supporting the Education and Promoting the Achievement of Children with a Social Worker, Looked After and Previously Looked After Children This chapter has been updated.
Early Permanence: Fostering for Adoption and Temporary Approval as Foster Carers of Approved Prospective Adopters A link has been added to National Early Permanence Practice Standards (Coram Centre for Early Permanence).
Local Contacts This chapter has been updated.
List of Agency Decision Makers, Designated Managers and Nominated Officers This chapter has been updated.
New Chapters and Features
Chapter Title Details
Ofsted Inspection Framework This chapter has been added.
Next update: June 2024

July 2023

CAPTION: July 2023
   
Updated Chapters
Chapter Title 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 SEN 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 and Safety Information has been added into Section 6, Diet, Nutrition and Allergies, in relation to allergies.
Health Care Assessments and Plans Information has been added into Section 4, Health Plans in relation to allergies.
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 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. With effect from 1 April 2023, the leaving care allowance increased from £2,000 to £3,000.
Children Involved in the Youth Justice System: Additional National Guidance Links have been added to A Guide to Child First - Youth Justice Board and Matters of Concern, Safeguarding Concerns, Allegations and Complaints for Children in Custody.
Allegations Against Foster Carers This chapter has been amended in line with revised Keeping Children Safe in Education. 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. 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 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.
Local Contacts This chapter has been updated.
List of Agency Decision Makers, Designated Managers and Nominated Officers This chapter has been updated.

November 2022

CAPTION: November 2022
   
Updated Chapters
Chapter Title Details
Aftercare under Section 117 of the Mental Health Act 1983 This chapter has been amended to refer to Guidance issued by the Local Government and Social Care Ombudsman and the Parliamentary and Health Service Ombudsman.
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.
Decision to Look After This chapter has been updated throughout.
Care Planning This chapter has been updated 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).
Placements in Foster Care This chapter has been updated to add a link to the NYAS 'My Things Matter' Report – support and respect care-experienced children and their belongings when they move (see Section 4, Placement Planning).
Placements in Residential Care This chapter has been updated to add a link to the NYAS 'My Things Matter' Report – support and respect care-experienced children and their belongings when they move (see Section 2.3, Placement Planning).
Placements Outside England and Wales Section 3, Placements in Scotland, Northern Ireland, Isle of Man, 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.
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). 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.
Personal Care and Relationships This chapter has been updated throughout.
Positive Relationships and Behaviour Management This chapter has been updated throughout.
Restrictive Physical Intervention and Restraint This chapter has been updated throughout.
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 Section 2, Looked After Children who are Arrested has been updated in relation to appropriate adults.
Fostering Panel This chapter has been updated throughout.
Allegations Against Foster Carers This chapter has been updated throughout.
Recruitment, Assessment and Approval of Prospective Adopters This chapter has been updated throughout.
Adoption Panel This chapter has been updated throughout.
Placement for Adoption This chapter has been updated throughout.
Adoption Support This chapter has been updated throughout.
Disruption of Adoptive Placements This chapter has been updated throughout.
New Chapters and Features
Chapter Title Details
Equality and Diversity This chapter has been added to the manual.
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.
Youth Offending Additional National Guidance This chapter has been added to the manual.
Training and Development of Foster Carers This chapter has been added to the manual.

June 2022

CAPTION: June 2022
   
Updated Chapters
Chapter Title Details
Aftercare under Section 117 of the Mental Health Act 1983 Section 2, Ordinary Residence has been updated in line with case-law.
Care and Supervision Proceedings and the Public Law Outline This chapter has been updated.
Legal Gateway/Planning Meetings This chapter has been updated.
Electronic Recording of Meetings and Conversations

Part 1 of this chapter has been updated in line with case-law.

Use of Social Media Sites by Social Care and Safeguarding Staff This chapter has been given a general refresh.
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.
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.
Placements in Secure Accommodation on Welfare Grounds Section 10, Use of Inherent Jurisdiction to Authorise a Placement Involving a Deprivation of Liberty has been updated in line with case-law.
Education of Children with a Social Worker, Looked After and Previously Looked After Children This chapter has been significantly amended to reflect the 'Review of Sexual Abuse in Schools and Colleges (Ofsted)'; updated 'Keeping Children Safe in Education' and Sexual Harassment in Education – Briefing (House of Parliament Library) (see Further Information).

The chapter has also been amended to reflect Promoting the Education of Children with a Social Worker: Virtual School Head Role Extension.
Restrictive Physical Intervention A link has been added to the Ofsted good practice guidance which is non statutory - Guidance: Positive Environments Where Children Can Flourish (Ofsted).
Local Contacts This chapter has been updated.

November 2021

CAPTION: November 2021
   
Updated Chapters
Chapter Title Details
Capacity and Consent Section 4.3, Consent to the Use of Medication to Suppress Puberty has been updated and new Section 5.4, Consent to Life-ending Withdrawal of Medical Support has been added, to reflect High Court judgments. Section 2.1, Consent to Information Sharing has been updated to reflect revisions contained in the statutory guidance Working Together to Safeguard Children.
Contacts and Referrals Guidance contained in this chapter has been reviewed and updated as required to reflect guidance from the refreshed Working Together to Safeguard Children.
Assessments This chapter has been amended to add a new section on 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.
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 been updated to include information in relation to pre-birth assessments and planning where the mother has learning disabilities. It has also been updated to reflect Practice Guidance on Special Guardianship (Family Justice Council, June 2020). See in particular Section 9, Expectations of the Local Authority by the Court.
Complaints and Representations This chapter has been amended to reflect the Children's Statutory Complaint Process: Guide for Practitioners (Local Government & Social Care Ombudsman, 2021). (See Relevant Guidance).
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 Related Guidance).
Families with No Recourse to Public Funds This chapter has been updated.
Family and Friends Care This chapter has been revised. A new Section 7, Education has been added and information added on the School Admission Code.
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 Section 3, Placements in Scotland, Northern Ireland, Isle of Man, Guernsey has been updated in line with updated Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review. Additional information was also 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.
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 chapter has been updated and should be re-read.
Education of Looked After and Previously Looked After Children 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.
Applications for Special Guardianship Orders This chapter has been revised. In Section 12, The Special Guardianship Support Plan, information has been added on the School Admission Code.

It has also been updated to reflect Practice Guidance on Special Guardianship published by the Family Justice Council. See Section 6.2, Special Guardianship Applications in Care Proceedings and new Section 16, Special Guardianship Orders in International Cases.
Court Reports in Adoption/Special Guardianship Guidance This chapter has been updated, see Section 3, Special Guardianship - Matters to be Dealt with in Report for the Court.
Local Contacts This chapter has been updated.
New Chapters and Features
Chapter Title Details
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.
Family Justice Resource Hub (ADCS) A link to this resource has been added to the manual.
Placements in Other Arrangements This chapter has been added.

June 2021

CAPTION: June 2021
   
Updated Chapters
Chapter Title 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.
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.
Education of Looked After and Previously Looked After Children This chapter has been revised to reflect changes from the revised Working Together to Safeguard Children.
Holidays and School Trips In and Outside the UK This guidance has been reviewed and updated throughout. Section 2.3, Insurance Cover has been updated to include details of how to apply for a Global Health Insurance Card (GHIC) which provides access to reduced cost or free medical insurance in the EU, Iceland, Liechtenstein, Norway or Switzerland. Section 2.4, Obtaining a Passport has also been updated to link to reissued Home Office guidance for Local Authorities Children's Services Departments when Applying for Passports on Behalf of Children.
Leaving Care and Transition This chapter has been updated with a link to Joint Housing Protocols for Care Leavers: good practice advice (DfE and MHCLG) to support the development of joint protocols that can help local authorities to meet the accommodation needs of care leavers. Additional content has therefore been added in a new Section 8, Joint Housing Protocols for Care 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).
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.

February 2021

CAPTION: February 2021
   
Updated Chapters
Chapter Title Details
Unaccompanied Asylum Seeking Children Relevant Guidance has been amended to include a Government Publication on how to identify and support victims of Modern Slavery.
Placements in Secure Accommodation on Welfare Grounds Section 6, Placements of Children under 13 Years has been updated following publication of revised DfE guidance and the link has been updated to Secure Children's Homes.
Delegation of Authority to Foster Carers and Residential Workers This chapter has been updated.
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.
Leaving Care and Transition This chapter has been updated.
Assessment and Approvals of Foster Carers A revised link has been added to Prepare for a review panel: adopters and foster carers.
Review and Termination of Approval of Foster Carers A revised link has been added to Prepare for a review panel: adopters and foster carers.
Assessment and Approvals of Prospective Adopters A revised link has been added to Prepare for a review panel: adopters and foster carers.
New Chapters and Features
Chapter Title Details
Capacity and Consent This chapter has been added to the manual.
Use of Social Media Sites by Social Care and Safeguarding Staff This chapter has been added to the manual.
Storage of Data on Mobile Devices This chapter has been added to the manual.

July 2020

CAPTION: July 2020
   
Updated Chapters
Chapter Title Details
Local Contacts This chapter has been updated.

May 2020

CAPTION: May 2020
   
Updated Chapters
Chapter Title Details
Assessments This chapter has been updated in line with the new digital referral system for reporting potential victims of Modern Slavery.
Care and Supervision Proceedings and the Public Law Outline This chapter has been updated to reference and reflect the Family Court Justice Interim Guidance on Special Guardianship (Courts and Tribunal Judiciary, May 2019).
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities This chapter has been updated to draw attention to OFSTED's advice that LAs 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.
Secure Accommodation (Criteria) Reviews This chapter has been reviewed and updated. The requirement for clear separation of reviews (for clarifying whether the criteria for keeping a child in secure accommodation are met, and the child's looked after review) has been emphasised. Clarifying whether the criteria for keeping a child in secure accommodation are met must come before a LAC review so the decision can inform the LAC review and they must be chaired by different individuals.
Notifications of Significant Events This procedure has been updated to reflect revised guidance issued by Ofsted to Children's Homes Providers in August 2019. The revised guidance sought 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.
Education of Looked After and Previously Looked After Children This chapter has been updated to reflect Keeping Children Safe in Education. Section 8, Safeguarding the Looked After Child at School includes a reference to Upskirting (which is now a criminal offence) and a new section on Serious Violence. Information was added to reflect OFSTED's advice that LAs should exercise due diligence in ensuring schools for LAC pupils are registered with the DFE.
Assessment and Approvals of Foster Carers A link has been added to Information about the Independent Review Mechanism (IRM).
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 Information about the Independent Review Mechanism (IRM).
Allegations Against Foster Carers This chapter has been reviewed and refreshed, and terminology has been updated where required.
Assessment and Approvals of Prospective Adopters A link has been added to Attending an IRM Panel: information sheets. See Section 10, Representations / Independent Review Procedure.
Access to Birth Records and Adoption Case Records A link has been added to Attending an IRM Panel: information sheets. See Section 3.2, Adoption Orders made on or after 30 December 2005.
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 Tribunal Judiciary, May 2019).
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).

November 2019

CAPTION: November 2019
   
Updated Chapters
Chapter Title Details

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.

Private Fostering

This chapter has been amended. It confirms in Section 14, 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 (see Section 2.1, The Care Plan - Contents).

Placements with Parents

This chapter has been updated to note that this procedure does not apply to children subject to Interim Care Orders where the placement is required by the court under Section 38(6) Children Act 1989 for the purposes of assessment (see Scope Box).

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.

Notifications of Significant Events

This chapter has been substantially updated and should be re-read.

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:

  • Section 5, Leaving Care Assessment of Need - in relation to children who are victims of trafficking or unaccompanied asylum seeking children;
  • Section 7, Reviews of Pathway Plans - in relation to Relevant/Former Relevant young people moving to 'unregulated' accommodation; and
  • Section 8, Personal Advisers - in relation to frequency of visits by Personal Advisers.

Assessment and Approvals of Prospective Adopters

This chapter has been amended to reflect the national changes in adoption registration and matching (see Section 9, After the Panel Recommendation).

Placement for Adoption

This chapter has been amended to reflect the national changes in adoption registration and matching (see Section 7.13, Inter Agency Placements) and Section 11, Children Approved for Adoption for Whom no Placement has been Identified.

List of Agency Decision Makers, Designated Managers and Nominated Officers

This has been updated.

New Chapters and Features
Chapter Title Details

Placing and Visiting Children with SEN

This chapter has been added to the manual.


May 2019

CAPTION: May 2019
   
Updated Chapters
Chapter Title Details
Assessments

This chapter has been revised to reflect updated guidance on Assessment in 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 Related Guidance a link has been added to Research in Practice supporting information and guidance on the Social Work Evidence template (SWET).

Death or Serious Injury to a Child (Looked After and Child in Need)

This chapter has been updated to reflect Working Together to Safeguard Children and the process for reporting a serious incident to the Panel via the Child Safeguarding Incident Notification System.

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 updated.

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 fully 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.

Education of Looked After and Previously Looked After Children

This chapter has been updated to reflect amendments made by the Children and Social Work Act 2017.

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 s/he is 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 a new Section 15, Mental Health and a new Section 8, Safeguarding the Looked After Child at School. A link was added to the National Curriculum Assessments at Key Stage 2.

In addition the chapter reflects the statutory guidance Keeping children safe in education (KCSIE) 2018, as it relates to Looked After Children and guidance regarding Data protection and safeguarding as set out in Data protection: a toolkit for schools (August 2018).

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 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.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 was also added.

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)' was added into the Relevant National Guidance section of this chapter.
Local Contacts

This chapter has been updated.

List of Agency Decision Makers, Designated Managers and Nominated Officers

This chapter has been updated.

October 2018

CAPTION: October 2018
   
Updated Chapters
Chapter Title Details
Assessments

Section 4, Communication has been updated to include reference to parents with learning disabilities.

Child in Need Plans and Reviews

This chapter has been updated by adding a new Section 4, Children in Need Moving to Another Authority - Principles. Information and communication is important between the respective local authorities to ensure appropriate services continue for the child and family and, where relevant, any risk of harm is recognised and identified with the receiving local authority. It should be noted that the responsibility for safeguarding and promoting the welfare of the child lies with the local authority where the child is to be found.

Care and Supervision Proceedings and the Public Law Outline

This chapter has been updated to provide some emphasis on 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 (see Section 2.1, Principles) and Practice Direction 3AA - Vulnerable Persons: Participation in Proceedings and Giving Evidence (see Case management in Section 4, Documentation).

Death or Serious Injury to a Child (Looked After and Child in Need)

This chapter has been amended. 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.

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

This chapter has been updated and should be re-read throughout.

Guidance on Confidentiality

This guidance has been reviewed and updated following the introduction of the UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018.

Electronic Recording of Meetings and Conversations

This guidance has been reviewed and updated following the introduction of the UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018.

Family and Friends Care

This chapter has been updated and should be re-read throughout.

Decision to Look After and Care Planning

Additional information has been added into Section 1.3, Section 20 Accommodation in line with recent case-law.

Placements with Parents

This chapter has been updated to reflect that the Local Authority has a requirement under the Care Planning, Placement and Case Review (England Regulations) 2010 to obtain information about unspent convictions and cautions before placing a child back with parents (see Section 1.2, Assessment and Checks before Placement).

Social Worker Visits to Looked After Children

Section 2, Exceptions has been revised to set out more clearly the circumstances where visiting requirements differ from those set out in Section 1, Normal Frequency.

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.

Contact with Parents/Adults and Siblings

Section 2, Different Types of Contact has been updated to take account of the use of mobile communication with regards to contact.

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 and should be re-read throughout.

Adoption Panel

This guidance has been reviewed and updated following the introduction of the UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018.

Inter Country Adoption

Section 8, Home Study has been updated to include a link to GOV.UK Benefits.

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 was added in relation to adoption records where an Adoption Order is not made.


April 2018

CAPTION: April 2018
   
Updated Chapters
Chapter Title 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.
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.

Unaccompanied Asylum Seeking Children Section 3, Assessment has been updated with regards to 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 Care of Unaccompanied Migrant Children and Child Victims of Modern Slavery – Statutory Guidance for Local Authorities (DfE 2017). The Modern Slavery Act 2015 is referenced in relation to age assessments.
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 amends section 31(3B) Children Act 1989) 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 amends section 31(3B) Children Act 1989) which a court is required to consider when deciding whether to make a Care Order.

Assessment and Approvals of Foster Carers Section 8, After the Panel Recommendation has been updated to clarify 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 – The Children Act 1989 Guidance and Regulations - Volume 4: (5.39) and Standard 14 (14.9) Fostering panels and the fostering service's decision-maker.
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 ([2017] EWHC 1041 (Admin)). (See new Section 4.2, Procedural Fairness).

Section 1, Planning for Permanence has been updated to reflect the additional consideration (added by section 9 Children and Social Work Act 2017 amends section 1(4)(f) of the Adoption and Children Act 2002) into the list of considerations that 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.

Fostering for Adoption and Temporary Approval as Foster Carers of Approved Prospective Adopters

Section 2.1, Duty to Consider Fostering for Adoption Placement has been updated to reflect the additional consideration (added by section 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.

Local Contacts This chapter has been updated.
New Chapters and Features
Chapter Title Details
Deprivations of Liberty

This chapter has been added to the manual. This procedure has been written to support frontline practitioners working with children and young people under the age of 18, to identify where a deprivation of liberty may be occurring and when to consider seeking advice from their legal department.

Mental Capacity

A link to the Mental Capacity Act has been added to the manual.

October 2017

CAPTION: October 2017
   
Updated Chapters
Chapter Title Details
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 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 has been included in DoH, Care and support statutory guidance (December 2016). (See Section 12, Funding Issues - Ordinary Residence). A link has been added into Related Guidance on SEND: 19- to 25-year-olds' entitlement to EHC plans (DfE 2017)

Families with No Recourse to Public Funds

This chapter has been updated. The Local Government Ombudsman has recently criticised a local authority for not ensuring a child in its care received specialist legal advice and assistance to sort out the child's right to British citizenship.

Family and Friends Care

A link has been added in Related Guidance to Initial Family and Friends Care Assessment: A good practice guide (FRG). A good practice guide on initial family and friends care assessments has been launched by Family Rights Group. The guide is a response to the lack of any minimum standards as to how such assessments, commonly called viability assessments, are conducted

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 updated and should be re read.

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 recognised that the term 'consent' itself was not used in Section 20. However, it described previous court observations as 'good practice guidance', emphasising 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 to include 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 with Connected Persons has been updated to include matters that should be considered when placing a child with a Connected Person should include an initial risk assessment of any pets, together with the environment in which the pet is kept. A link has been added in Related Guidance to Initial Family and Friends Care Assessment: A good practice guide (FRG). A good practice guide on initial family and friends care assessments has been launched by Family Rights Group. The guide is a response to the lack of any minimum standards as to how such assessments, commonly called viability assessments, are conducted.

Placements in Secure Accommodation on Welfare Grounds

This chapter has been significantly updated and should be re read in full.

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.

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 and should be read throughout.

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). This guideline covers the identification, assessment and treatment of attachment difficulties in children and young people up to age 18 who are adopted from care, in special guardianship, looked after by local authorities in foster homes (including kinship foster care), residential settings and other accommodation, or on the edge of care. It aims to address the many emotional and psychological needs of children and young people in these situations, including those resulting from maltreatment.

Change of Name of a Looked After Child

This chapter has been updated throughout and should be re read.

Supervision and Support of Foster Carers

Section 5, Support Provided by the Supervising Social Worker (During Placement) has been updated to reflect that the Safer Caring Plan, any changes in household circumstances along with any health and safety issues including the addition of any new pets and the environment in which they are kept should be reviewed as required.

Assessment and Approvals of Prospective Adopters

Section 5.3, Assessments has been updated to include 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

In related guidance, a link has been added to Contact After Adoption - Support materials for practitioners working on making positive post-adoption contact plans and supporting birth relatives and adopters through contact planning for their child.

Inter Country Adoption

The DfE have published 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, see Section 3, Initial Meeting. A link has been added in Section 4, Formal Approval 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 updated as the DfE has updated the Special Guardianship Guidance to include details of the Adoption Support Fund as the Fund now covers therapeutic support for children, living in England, who were previously in care immediately before the making of a Special Guardianship Order.

New Chapters and Features
Chapter Title Details
Financial Assistance Section 17 (s17) Children Act 1989

This Chapter outlines the provision of financial assistance Section 17 payments.

Junior Individual Saving Accounts for Looked After Children

Statutory guidance on Junior ISAs for children and young people who have been in local authority care for 12 months or more.


April 2017

CAPTION: April 2017
   
Updated Chapters
Chapter Title Details
Assessments

This chapter has been updated to reflect the outcome of a judgment following an application to remove a child at birth. The judge highlighted 'good practice steps' to undertaking assessments and issuing care proceedings in respect of the removal of a child at birth, including the assessment process (see Section 11.1, Pre-birth 'Good Practice Steps').

Care and Supervision Proceedings and the Public Law Outline

This chapter has been updated to reflect the outcome of a judgment 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).

Placements in Secure Accommodation

This chapter has been amended to acknowledge the President of the High Court's judgement regarding applications in English courts for Secure Accommodation placements in Scotland (see Section 4.1, Placement Request, Identification and Approval).

Looked After Reviews

This chapter has been amended in 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 Officer's Responsibilities).

Applications for Special Guardianship Orders

This chapter has been updated to clarify the level of parental responsibility extended to the Special Guardian. Further detail has been added with regard to who may apply for Special Guardianship.

A link has also bene added to the DfE Special Guardianship Guidance (2016).

Local Contacts

This chapter has been updated.

New Chapters and Features
Chapter Title Details
Children's Consultation and Participation

This chapter has been added to the manual.

Need and Risk Assessment Framework

This chapter has been added to the manual.

Guidance on Confidentiality

This chapter has been added to the manual.

October 2016

CAPTION: table_title
   
Updated Chapters
Chapter Title Details
Care and Supervision Proceedings and the Public Law Outline

The Social Work Evidence Template and Initial Statement has been added to this chapter.

Decision to Look After and Care Planning

A link has been added to the ADCS/Cafcass Practice Guidance for the Use of Section 20.

Fostering for Adoption and Temporary Approval as Foster Carers of Approved Prospective Adopters

This chapter has been revised with regards to the steps which must be taken where there is a change to the circumstances of prospective carers, including relatives.

New Chapters and Features
Chapter Title Details
Quality Assurance Framework

This framework has been added to the manual.

Electronic Recording of Meetings and Conversations

This chapter has been added to the manual.

Remands to Local Authority Accommodation or to Youth Detention Accommodation

This chapter has been completely refreshed to reflect changes to the Police and Criminal Evidence Act 1984 (PACE) which defines "arrested juvenile" for the purpose of Part 4 of that Act (detention). The effect of the change is that 17 year olds are included in the definition of "arrested juvenile". The amendments made by Section 42 of the Act came into force on 26th October 2015.

Looked After Children and Young People in Contact with Youth Justice Services

This chapter has been completely refreshed to reflect changes to the Police and Criminal Evidence Act 1984 (PACE) which defines "arrested juvenile" for the purpose of Part 4 of that Act (detention). The effect of the change is that 17 year olds are included in the definition of "arrested juvenile". The amendments made by Section 42 of the Act came into force on 26th October 2015. Also West Berkshire's LAC Offending Notification Form has also been added.