Introduction 1. Children are looked after by local authorities when they are | Section 17 |
(a) provided with accommodation under section 25 by local authorities
or | |
(b) subject to a supervision requirement made by a children's hearing
or | Section 70 |
(c) subject to an Order, authorisation or warrant according to which they have responsibilities in respect of the child under chapters 2, 3 or 4 of Part II of the Act. This may include a child protection order, a child assessment order, an authorisation from a justice of the peace to remove a child to a place of safety or maintain a child in a place of safety, removal to a place of safety by a police constable, a warrant to keep a child in a place of safety made by a children's hearing or a sheriff, or a parental responsibilities order which gives the local authority responsibilities towards the child
or | |
(d) living in Scotland but in respect of whom local authorities have responsibilities under the Children (Reciprocal Enforcement of Prescribed Orders etc. (England and Wales and Northern Ireland)) (Scotland) Regulations 1996. | Section 33(1) |
2. Local authorities have a range of statutory duties towards a child looked after by them - to safeguard and promote the child's welfare, taking the welfare of the child as their paramount concern
- to make use of services that would be available for children were they cared for by their parents
- to take steps to promote regular and direct contact between a child who is looked after and any person with parental responsibilities, so far as is practicable, appropriate and consistent with the duty to safeguard the child's welfare
- to provide advice and assistance with a view to the time when the child is no longer looked after
- to find out and have regard to the views of the child, his parents and any other relevant person, so far as is practicable when making decisions about a child whom they look after
- to take account so far as is practicable of the child's religious persuasion, racial origin and cultural and linguistic background.
| Section 17 |
Authorities may deviate from complying with these duties only when it is necessary to protect members of the public from serious harm, and then only to the extent required to achieve such protection for the public. | Section 17(5) |
Making Arrangements to Look After the Child
3. Before looking after a child, or where this is not reasonably practicable, as soon as is reasonably practicable thereafter, the local authority must make an immediate and long-term plan which will safeguard and promote the welfare of the child. |
Regulation 3
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Assessing the needs of the child
4. The gathering of information is the first step in assessing the need for a child to be looked after and is the foundation for future action. Assessment aims to identify the needs and problems which face the child and other members of the family and their potential for relief, reduction or change. It should highlight ways in which problems can be addressed, needs can be met and strengths can be built upon. | |
5. The information outlined in Schedule 1 of the regulations is the minimum that must be collected for a child who is to be looked after away from home but further information may be needed depending on the circumstances of the child and his or her family. A multi-disciplinary assessment is usually best able to provide a full picture of the child's needs. Usually it will not be apparent, until after the assessment has taken place, whether the child will be looked after at home. Where this is the case, collection of the information in Schedule 1 is not mandatory but much of it will be necessary to plan for the child. | |
6. The assessment process should involve parents, or anyone else who has recently had care of the child. Where children and families are known to the social work department, there will be some information in case records but previous information will need updating to respond to a fresh situation. | |
7. The process of collecting information should minimise as far as possible the disruption to the child's life and should, where possible, be undertaken while the child is still living in the family home. The decision to carry out an assessment away from the child's home will normally depend on - the risk of abuse or harm occurring to the child, or continuing to occur, if he or she remains at home
- the danger posed by the child either to him or herself, for example through continued self-damaging behaviour, or to others at home or in the community, if the child continues to live at home
- the extent to which other family members are likely to refuse to participate in or hinder the assessment, or unduly influence the child. Where this is a factor, consideration might be given to applying for a child assessment order
- the extent to which the family situation has broken down.
An assessment carried out when a child is removed from home is bound to reflect the child's reaction to a new situation. This may differ in significant respects from behaviour at home. | |
8. The information collected should be evaluated to assess - the specific needs or difficulties which gave grounds for concern, or which are revealed as a result of the assessment process. The assessment should focus on the nature of the needs or difficulties, the possible reasons for them, and the likelihood of improving the child's situation or behaviour either through looking after the child or through any alternative forms of action
- the availability of care, support, and guidance for the child from the family (including the extended family) which should be considered along, where applicable, with the family's willingness and ability to change
- the level and extent of the risk involved for the child (and, where offending is a factor, the risk to others) of remaining in his or her current home or moving to a different placement.
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9. Assessments should be recorded in writing. Where the assessment has been prepared in partnership with the parents or carers and child, the content and recommendations, should be explained to the family. Information should normally only be withheld wholly or partially when a child is unable to understand the assessment by virtue of his or her age or maturity, or disclosure to the parents, carers or child would breach confidentiality or cause harm. The assessment should conclude with an outline of options and clear recommendations. | |
The care plan
10. Arrangements to look after a child should be made in writing and agreed with a person with parental responsibility for the child or, if there is no one with parental responsibility, the person who has care and control of the child at the time the arrangement commences. Where a child is looked after because he or she is subject to a supervision requirement or an Order, authorisation or warrant made under chapters 2, 3 or 4 of Part II of the Act, the parents or carers will have no choice about whether or not their child is looked after. However, this should not preclude trying to reach agreements with parents or carers about the ways in which the requirement, order, authorisation, or warrant, and any conditions imposed by the children's hearing or sheriff, are put into effect. |
Regulation 6
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11. Where a young person is sixteen or over, arrangements to accommodate a young person can be made directly with him or her and parents' agreement is not required to look after their child. However, in practice, except where a young person is completely estranged from his or her parents, it will normally be beneficial to the young person to include his or her parents in the decision-making. In these circumstances, care would need to be taken not to undermine the young person's right to request accommodation or breach his or her confidentiality. | Section 25 |
12. The local authority should draw up a written care plan for the child which outlines the arrangements which have been made. Whilst each care plan will differ according to the particular circumstances of the child and his or her family, the matters outlined in Part I of Schedule 2 must be considered, as far as applicable, for all children who are looked after. For children, to be placed away from home, the additional matters in Schedule 2, Part II must be considered. | Regulation 6 |
13. The plan should, wherever practicable, be drawn up in consultation with the child, the child's parents, the prospective carers (if not the parents) and other important individuals and agencies in the child's life. Whenever practicable, the plan should be drawn up before a placement is made, otherwise it should be drawn up as soon as reasonably practicable after the child is placed. It should be reviewed, and where necessary adjusted, at the first and subsequent reviews or if the child changes placement. The child, his or her parents and the child's carers should receive a copy of the plan and any amendments that are made to it. If a child is placed in foster care, aspects of the care plan and the foster placement agreement will be similar, and it may be appropriate to develop a combined plan, provided that matters which are confidential to the foster carer and the authority, such as details of payments, are not shared with parents or children. | |
14. Where the child remains at home, or is accommodated elsewhere at the request of parents, achievement of the plan will normally require that there is agreement between the authority and the parents about the main matters in the plan. A signed written agreement will generally be the best way of signifying the parents' understanding and commitment to the plan. Where the child is of sufficient age and understanding the child should also be a signatory of the care plan. ( See also chapter 2 on home supervision. ) This may be more difficult to achieve, and sometimes inappropriate, where a child is required to live away from home on a supervision requirement, or is subject to a parental responsibilities order made to a local authority. Nevertheless, the local authority should still seek to reach agreement with parents about the plan for the child. It may be helpful in some situations for the parent to record his or her agreement with some aspects of the plan but not others, rather than not agreeing the plan at all. | |
15. In drawing up the plan consideration should be given to the following points - what are the objectives of the local authority in looking after the child and is any change needed in his or her legal status to achieve these objectives?
- can they be achieved through the provision of accommodation by voluntary agreement with parents either as a single placement or as a series of short-term respite placements?
- is a supervision requirement or other legal order needed to achieve the objectives?
- if the child is to be looked after under a supervision requirement or other legal order, does the child need to be looked after away from home?
- if so, what type of placement is required?
- how long is it planned that the child will be looked after and what arrangements have to be made for the time when the child is no longer looked after?
- where it is agreed that the child is looked after away from home, (except where this is for a series of short-term, respite placements), what plans are there to restore the child to his or her immediate or extended family or, if this is not appropriate or achievable, to provide permanence in an alternative family or provide support for the child to live independently?
- where it is agreed that the child is looked after away from home are there any changes needed to contact, health care or education arrangements?
| Regulations 4 & 5 |
16. The plan should be a practical document which spells out who will be doing what, and by when, in order to meet the objectives of the placement. It should Local Authority Responsibilities for Children who are Looked After outline the responsibilities of the local authority, the child, anyone with parental responsibility for the child, and any other relevant person. For a child placed away from home the responsibilities of his or her carers will be relevant. The objectives should be tangible and achievable. The plan should be written in plain language, avoiding jargon, and each party to it should know exactly what it means and what is expected of him or her. It should be a document that is monitored, reviewed and updated so that it remains relevant. The plan should help to ensure that children are only looked after for as long as is necessary and beneficial for them. | |
17. An integrated package of materials is being developed to help social workers and carers to plan their work with children and young people who are looked after. The Scottish Office will be supporting interested local authorities in piloting the materials. If successful, this could provide a common system for all Scottish local authorities. | |
The range and level of services to be provided
18. For each child, consideration needs to be given to the type of placement and services which will meet his or her assessed needs. Wherever practicable, prior to making a placement when a child is to be placed away from home, the local authority should find out the views of the child and his or her parents about the type of placement which they feel will meet their needs. If a choice is available, and appropriate, the local authority should provide information about different placements and arrange introductory visits. Even where a choice is not available, information and an introductory visit should if possible be provided. | Regulation 4 |
19. Local authorities should try to ensure that siblings are placed together except where this would not be in one or more of the children's best interests. Where this proves impossible, they should, wherever possible, be placed near each other. The views of each child should be ascertained, as far as is possible given their age and understanding. This regulation has implications for agencies' policies on the recruitment, payment and housing of foster carers and on the maintenance of reasonable vacancy levels in foster and residential care so that placements able to accommodate sibling groups are not filled up with single children. Agencies' ability to meet the needs of siblings will be enhanced if they review and monitor their ability to provide placements for siblings and make plans to overcome any shortfalls. | Regulation 5( 4) |
20. Where it is not in children's best interests for them to be placed together, or this has proved unachievable, then it will normally be appropriate for frequent contact to be maintained. Where siblings are placed separately, reunification should be considered at the first and subsequent reviews, particularly where separation was dictated by a shortfall of placements. | |
21. Where the child needs a placement away from home, a foster placement will usually be the best option for both short and long-term care for children under the age of twelve. They will only exceptionally be placed in residential care because it has been assessed that this is the best or only type of placement able to meet their needs. However, at other times a residential placement may be made because of a lack of foster placements, or a lack of foster homes able to keep a sibling group together, and if this occurs, an urgent plan to find or recruit a suitable foster home should be made. | |
22. The child's extended family and friendship network should be considered for a potential placement. The issue of when and how relatives or family friends need to be assessed as foster carers is addressed fully in the chapter on foster care. | |
23. For teenagers, either a foster home or a residential establishment may offer the best way to meet their needs. Where a young person has experienced several foster placement breakdowns, a further foster placement may not be appropriate. Some young people may express a view that they prefer residential care to foster care. Their view should be carefully considered as an enforced placement in foster care is unlikely to work. Some young people need specialist educational or therapeutic services provided in the place where they live. A very small number of young people will need secure residential care because their physical or moral welfare is at risk from absconding or they are likely to harm themselves or another person. For some young people, however, residential care will be chosen because there are insufficient fostering resources. Local authorities should identify the frequency with which this occurs and consider ways to try to achieve the necessary increase in foster homes. | |
24. Some children and young people have complex special care needs and their families may require short-term or long-term support in sharing the care tasks. Respite care services, including the provision of accommodation in residential or foster homes, will often be appropriate. Availability of the same accommodation over time should be a priority as respite care is more likely to benefit children if it is familiar and consistent. | |
25. Before placing a child in a residential establishment the local authority should be satisfied that the placement is appropriate. It should seek and take account of the views of the child, his or her parents, other people with parental responsibility and any other person deemed relevant by the local authority. It should also be satisfied that the stated functions and objectives of the establishment, as far as practicable, meet the expressed and assessed needs of the child and his or her family. | Regulation 5(2)(d) |
26. When considering the type of placement to be chosen, regard should be paid to a child's racial, religious, cultural and linguistic background. As far as possible this background should be catered for within the placement, with carers, or one or more staff members, sharing the child's religion and heritage. If possible, the location of the placement should not isolate the child from his or her community or cause him or her to experience prejudice. Where a child is placed in foster care, his or her carers must be of the same religious persuasion as the child or must undertake to bring him or her up in his or her religious persuasion. Where a child is placed in a residential establishment, the local authority must consult with the person in charge of the establishment and must ensure that the child is brought up in his or her religious persuasion. | Section 17(4) Regulation 5(3) |
27. Regardless of the type of placement, or if the child remains at home on home supervision, consideration should be given as to whether there are additional services which will benefit the child. For instance, some children whose behaviour is particularly challenging may require a respite placement, as well as a main placement, if the main placement is to be sustained. Children may need counselling, psychological, or psychiatric services to help overcome the effects of previous deprivation or abuse. Children may need help to maintain their racial, religious, cultural and linguistic identity particularly if it has not been possible to achieve this fully within the placement. Children who are offenders may need to take part in programmes which discourage re-offending. | |
The steps necessary to end the arrangement
28. Care plans should indicate the expected duration of the period of looking after. Where applicable, they should outline the actions that need to be taken or services which need to be provided in order that restoration of the child with a parent, relative, or friend and/or discharge of the relevant order can be achieved. Children may remain in need, and they and their parents or carers may well still need services, even though the period of looking after has ended. | Regulation 4 (2)(d) |
Parental Involvement for Children who are Looked After
29. The extent of parents' or others' involvement in and contribution to the child's care will vary. As a general rule, parents should be helped to exercise parental rights and responsibilities in close relationship with the local authority. Others with a close relationship with the child, even though they do not have parental rights and responsibilities, might also have a role to play depending on the child's circumstances. | Section 17(3) |
30. Close relationship is not always easy to achieve, and consensus will not be possible in every circumstance since the child's welfare must remain paramount. However, the following guidelines will increase the chances of developing a successful relationship with parents - Provision of written as well as verbal information at every stage of the looking after process. The information should consist of both general leaflets and written information that is specific to the circumstances of their particular child. Parents should receive information about the local authority's complaints and representations procedure. Any information that is provided either verbally or in writing, should be comprehensible to the particular parent. It may need translating into another language or transcription into Braille. An interpreter may be needed. If the parents have literacy problems, it may be more helpful to provide information on an audio tape.
- Allowing the maximum amount of participation by parents in decision making, that is consistent with their child's welfare. Parents will often need advice and support to do this, particularly in what may be unfamiliar and potentially intimidating meetings. They should be briefed before each meeting as to the purpose of the meeting, the agenda, the process, who will be there and why, when they will have the opportunity to contribute, and how, and the range of possible outcomes. Decisions or recommendations should not be made in advance, with parental attendance seen as a token gesture. To help parents feel at ease, meetings should normally be kept as small as possible. Where someone's role is mainly to give information, a written report should be invited rather than attendance in person. Parents may be invited to bring someone to support them or speak on their behalf at meetings. This person's willingness to accept the constraints of confidentiality should be confirmed. Some parents, especially those with learning difficulties or suffering from mental illness, may find it hard to participate without assistance and the local authority might find someone to speak for them, if they are unable to provide such a person themselves. Parents should be encouraged, and where appropriate helped, to provide a written report. Parents should receive reports before and minutes after meetings.
- Meetings should be accessible and comprehensible to parents. Can they get to the venue easily or do they need help with transport? Are the building, meeting room, and toilets accessible to a parent or child with a disability? Should the reports be read out or provided in advance on audio tape? Do the parents need help with caring for other children, who are living at home, while the meeting takes place? Is the time of the meeting convenient for the parents?
- On a small number of occasions, it may not be appropriate to invite a parent to a meeting, perhaps because contact with his or her child has been terminated and the child will be attending the meeting, or there is a likelihood of violence. At times, when parents are separated or divorced acrimony will exist between them which makes it inadvisable for both to attend a meeting simultaneously. In all of these situations ways should still be found of consulting parents about decisions and informing them of their child's progress even if it is not possible for them to be fully involved in the decision-making process. If a parent is not invited to a meeting to which it is usual to invite a parent, the reason for this should be recorded on the child's file.
- Social workers need to provide a regular, consistent, and reliable service to parents that does not just focus on planning meetings such as child protection conferences and child care reviews. The social worker should be open about what is happening and why, indicate that he or she understands and values the parents in their own right, focus on parental strengths as well as weaknesses, and be prepared to offer help and advice regarding the parents' own problems, where these exist, as well as the child's.
- Parents may wish or be encouraged to contribute towards their child's care in practical ways. For instance feeding a child or putting him or her to bed if such events occur during a contact visit, shopping for clothes or attending school parents' evenings. It can undermine parents' confidence if they feel that the child's carer has totally taken over these tasks. For some parents, practically contributing towards the child's care may be part of the process of returning the child to live with them. Encouraging and supporting a parent to contribute towards the care of his or her child often requires sensitivity and patience on the part of the carer. Social workers will need to brief carers about the aspects of care which are to be shared and be alert to any emerging difficulties.
- Parents will often wish to be consulted about certain aspects of their child's care even if they do not intend to be directly involved. A major change of hairstyle or similar presents being bought by both parents and carers for Christmas or birthdays are examples which can lead to acrimony if consultation does not take place. It may not always be appropriate to include this level of detail in the care plan but the social worker should ensure that the parents, carers and child, if old enough, are aware of the decisions and actions where consultation is needed.
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Contact between Children and their Families
The statutory framework for contact 31. The local authority has a duty to promote direct contact between children looked after by them and their parents or people with parental responsibilities. There is a responsibility on a local authority not just to enable contact to happen but to actively encourage and facilitate it.
Whenever statutory orders are made to remove a child from the care of their parents, the sheriff or children's hearing may make conditions or orders determining who the child may have contact with and its frequency and the Act allows the child or relevant persons to return to the hearing or to the sheriff to seek to have these reviewed. |
Section 17
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32. A sheriff has to consider, when making a child protection order, whether it is necessary to give a direction to the applicant as to contact between the child and a parent or those with parental responsibilities or any other specified person or class of persons. This direction can subsequently be varied. | Section 58 Section 60 |
33. If a child is removed from home in accordance with a child assessment order, this may be subject to such directions as the sheriff considers appropriate as to the contact which the child shall be allowed to have with anyone. | Section 55 |
34. Where a children's hearing makes a supervision requirement with a condition that the child lives away from home, then the hearing shall consider whether a condition concerning contact should be made to regulate the contact between the child and any specified person or class of persons. Such a condition can be varied. | Section 70 Section 73 |
35. Where a parental responsibilities order is or has been made, reasonable contact should be allowed with relevant persons or those who had a prior residence or contact order or those who were entitled to have the child living with them. The sheriff may also under this section make an order with respect to contact if an application is made to him at any time whilst the parental responsibilities order is in existence. | |
Purpose of contact
36. Contact has two particularly important purposes. Firstly, to enhance the psychological and developmental progress and well-being of children who are away from their families, and secondly, to increase the likelihood, and smooth the way, for a child to return to live with his or her family where that is consistent with the child's welfare. | |
37. Contact has a broad meaning which includes face to face meetings, letters, telephone calls, exchange of photographs, and sending gifts and cards. Contact should include not only parental but also sibling contact and possibly contact with members of their extended family and friends. Sometimes this may lead in due course to a placement. | |
Planning contact
38. The local authority is required, when drawing up the care plan to look after a child to consider: "Whether there is any need for changes in the contact arrangements in order to promote contact with the child's family and others". When drawing up or reviewing a care plan for a child placed away from home, the local authority must record the arrangements for contact with the child's family and others. Where contact is not reasonably practicable or would be inconsistent with the child's welfare, the reasons for this should be recorded. |
Regulation 5(2)(a)
Schedule 2
Part II |
39. The assessment of the child should include full consideration of the value of continuing contact with parents and others and the purpose and frequency of this contact should be outlined in the care plan. Including parents, where appropriate, in the day to day care of their child, enhances the quality of the contact and allows as normal a relationship between a child and his or her parent as possible. | |
40. The plan should be modified where there are clear signs that restriction or termination of contact is necessary either to protect the child from physical or emotional harm, or to ensure the long-term welfare of the child. Contact, however occasional, may continue to have a value for children even when there is no question of returning to their family. These contacts can keep alive for children a sense of their origins, may keep open options for family relationships later in life, and may reassure children about the well-being of the people concerned. | |
41. The local authority should encourage and assist parents and families to maintain contact. The unfamiliar position families find themselves in when their child is not living at home will require sensitive understanding from workers and carers and a commitment to remove difficulties that get in the way of effective contact. Local authorities may need to provide services to enable contact to take place. This could include financial support for transport and child care facilities to allow parents uninterrupted time with the child being looked after. The venue should allow contact to be as comfortable and as normal as possible, provided this does not pose a risk for the child. | |
42. The first weeks during which a child is looked after by the local authority are likely to be particularly important in establishing the relationship between the parent, the social worker, and the child's carer and the level of future contact between parent and child. At this time patterns may be set which are difficult to change, whether the child is looked after by a voluntary arrangement or as a result of a statutory order. Emergency admissions require special care if parents and children are to be reassured from the outset that they have a continuing role in each others, lives and to minimise distress for the child. The social worker should encourage, arrange, and support early visits and meetings even though parents may need help to enable them to cope with their own and the child's distress. These considerations, subject to whatever safeguards are necessary for the child's protection, are equally important where children are subject to emergency protection orders. | |
43. Any risk to a child from contact with a parent must be assessed and a decision may be taken that contact should be supervised. There may be other reasons why contact is monitored, for instance as part of an assessment. The reasons for supervision or monitoring should be explained to the parents and the child. | |
44. Local authorities should discover a child's wishes about continuing contact with his or her parents and other family members. Social workers should, particularly in cases where the child is unsure about contact, try to help the child to clarify his or her views and to understand what is likely to be of greatest benefit to him or her both in the immediate and long-term. If a child who understands the situation, continues to insist that he or she wishes to have no contact, or only limited contact, the authority should consider taking the necessary steps to terminate or restrict contact. The full responsibility for decision-making should not, however, be laid upon the child. | Section 17 |
45. Foster homes may be appropriate venues for contact. Foster carers often play a role in facilitating contact and subsequent reunification. Training and support can enhance their confidence in carrying out this role. However, the foster carers' home is usually a family home and they, their children, and any other foster children also need time to get on with daily life. Contact arrangements or recommendations for contact orders should always be subject to consultation with foster carers. | |
46. A child who is looked after may be placed in a variety of settings, and the implications of these for contact with the family should be considered as part of the decision on placement. If a child is placed with another agency, the local authority should ensure that there is an agreement with the agency about arrangements for contact. Responsibility for the child's welfare remains with the placing local authority. The agency will normally have the responsibility for ensuring that agreed contact arrangements are implemented. The local authority should, with the agency's help, keep the child's contact with his or her family under review. Any decision to alter or restrict contact arrangements is for the local authority, in consultation with the agency. | |
47. Authorities should monitor the implementation of the proposed contact arrangements. Records should be kept to remind social workers of decisions taken earlier and to give a new social worker a full picture of the plan for the child. Social workers should check regularly whether the degree of contact with parents and others envisaged in the plan is happening in practice, and any progress or problems should be discussed with the parents and the carers. In certain circumstances, it may be necessary to point out to parents the possible implications of an inadequate or unpredictable level of contact for the child's future. | |
Restriction or termination of contact
48. Because of their responsibility to give paramount consideration to the welfare of the child, authorities should not avoid or defer difficult recommendations or decisions when it is clear that it is in the best interest of the child that contact should be restricted for the foreseeable future or terminated altogether (although in both of these circumstances non face to face contact may still be in the child's interest). Authorities should have procedures, involving senior members of staff, for reaching such recommendations or decisions. Except in an emergency, a care review should be called to consider such a recommendation. Termination will not always be permanent. As children mature and/or recover from traumatic events in their lives, their views about contact and their ability to benefit from it may change. | |
49. If contact appears to be damaging a child, who is accommodated by voluntary agreement with parents and the parents are committed to its continuation, the case may need to be referred to the Principal Reporter if there appear to be grounds for a supervision requirement, or to a court if there appear to be grounds for a parental responsibilities order. | |
Health and Development
50. Like all children, children who are looked after need to develop physically, psychologically, morally and emotionally. For many children who are looked after this is not an easy process. Some will not have received the safety, security, stimulation or encouragement that they require and they may be developmentally delayed or have unmet developmental needs. Other children's development may be affected by disability, mental illness or learning difficulties. There will be a few who are both affected by disability and have not received care that has been conducive to appropriate development. Liaison and joint working with colleagues in health and education will be important for all these children. | |
51. Local authorities should act as good parents would in relation to the health care of children who are looked after by them and placed away from their own homes. Care plans should fully reflect health care needs and should include health promotion, general surveillance and assessment of developmental progress, as well as treatment for illness and accidents, in order to promote the physical, social and emotional health and development of the children. Where a child is on home supervision, health care will often be an important element in the care plan and the local authority should aim to work with parents to promote and maintain the child's health. Where a child is placed for respite in a series of short term placements, most health care needs will remain the responsibility of the parents. The care plan should indicate the health responsibilities of the carers when the child is physically in their care. | Regulation 13 |
52. When drawing up a care plan for a child placed full time away from home local authorities should ensure that the child is provided with adequate health care, including any necessary medical, psychiatric, psychological, dental or opthalmic attention and any necessary immunisations. The child must be registered with a general medical practitioner and general dental practitioner. Consideration should be given to continuity of medical, dental and opthalmic care, and where possible, the child should retain the same GP, dentist and optician. The child being looked after should have the same access to NHS provision and school health services as other children. Children who are looked after will often have suffered early disadvantage and may be at risk of ill health because they have not previously received adequate care. Because of past experiences, some may be prone to depression and suicidal feelings or actions. | Regulation 5(2)(b) Schedule 1 Para 9 |
53. Local authorities and child health specialists should make arrangements for professional advice to be available to local authorities to interpret health reports and information, assist in preparing and reviewing the arrangements for health care and assist in decisions relating to children's care. | |
54. Local authorities are required to arrange for a medical examination and written health assessment of a child before placement, if reasonably practicable, unless an assessment has been carried out within the last three months. In the case of an emergency placement, the authority should arrange for a health assessment as soon as practicable thereafter. The aim of this requirement is to provide a comprehensive health profile of the child and provide a basis for monitoring the child's development whilst he or she is being looked after. If a medical has been carried out within the last three months but it seems likely that there has been a change or deterioration in the child's health since then, a further examination and update of the assessment should be arranged. | Regulation 13 |
55. There is no requirement for medical examination and written health assessment of children to take place periodically during placement. Local authorities will need to decide, in consultation with local child health services in which circumstances, and how regularly, it will be beneficial for such children to have medical examina-tions. Individual children's health needs will differ and the care plan for the child should specify whether, with whom, and at what intervals, medical examinations should take place. There may also be a requirement for the child to have a medical examination made as part of a supervision requirement. | Section 70(5)(a) |
56. Local authorities should have procedures in relation to consent to the medical examination and treatment of children who are placed by them and should make these known to the child health services, the parents, the child and the child's carers. The arrangements for medical consent should be set out in each care plan where a child is placed away from home. These will vary according to the legal status of the child, the age and understanding of the child and whether a local authority does or does not have parental responsibilities for the child. Parents, where they have parental responsibility and the child is placed away from home, should be asked to sign a medical consent form giving consent for the local authority to seek and obtain any specifically recommended immunisations and medical and dental treatment for a child, without delay or confusion. | |
57. Where a child is placed with foster carers, and the parents have signed a medical consent form, it is possible for the foster carer to give consent to a specific surgical, medical or dental treatment or procedure, where the child is not of sufficient age or maturity to give his or her own consent. This will be a useful power in emergencies, or where the treatment or procedure is minor, or where a parent cannot be found. Foster carers should, however, be discouraged from giving consent where the treatment or procedure is major or where there is no great urgency. Parents, should as far as possible, be consulted prior to such treatment or procedures. | |
58. There may be occasions when parents for religious or other reasons refuse consent to a medical examination or treatment and the child is not of sufficient understanding to make the decision. If the local authority is of the opinion that the child would suffer significant harm if medical examination or treatment does not occur, it can, if grounds exist, refer the case to the Principal Reporter or seek a child assessment or child protection order. Alternatively a Health Board, NHS Trust or other person or organisation, which is not a local authority, could apply for a "specific issue order" to ensure that necessary medical examinations and treatment are made available to the child. | Section 11(2)(e) |
59. Children of sixteen and over can give their own consent to surgical, medical or dental examination or treatment. Children under sixteen may also be able to give or refuse consent depending on their capacity to understand the nature of the treatment - it is for the doctor to decide this. Children should be encouraged to express their views to the doctor concerned. Children who are judged able to give consent cannot be medically examined or treated without their consent and this cannot be overridden by a supervision requirement or a warrant or order. The local authority should draw children's attention to their right to give or refuse consent to examination or treatment if they are sixteen or over or if they are under sixteen and the doctor considers them of sufficient understanding to understand the consequences of consent or refusal. A placement should not be refused if a child does not consent to be medically examined. It is, however, the responsibility of the local authority, and part of the carer's task, to educate young people to understand the importance of health care and to take increasing responsibility for their own health. | |
60. An accurate and up to date health record should be maintained as part of the record of every child placed away from home on a full time basis. This should record medical assessments, illnesses or accidents suffered by the child, medical, operative, psychiatric, psychological, dental or opthalmic treatment received and immunisations. It should also include any form indicating parental consent to treatment. | |
Educational Development
61. Children who are looked after should have the same opportunities as all other children for education, including further and higher education, and access to other opportunities for development. They should also, where necessary, receive additional help, encouragement and support to address special needs or compensate for previous deprivation or disadvantage. | |
62. Educational and wider developmental needs should normally be addressed in the care plan. In planning for the child, local authorities should have regard to continuity of education, take a long term view of the child's education, provide educational and developmental opportunities and support, and promote potential and achievement. Plans should recognise the value of peer group relationships made in educational and community settings. | Regulation 5 (2)(c) Schedule 1 Para 10 |
63. Local authorities should, in most cases, act jointly with parents in relation to the education of children who are looked after on a full time basis away from home. The aim will be to ensure that the child receives the support he or she needs to achieve his or her full educational potential. When a child is on home supervision, education will often be a significant element in the care plan and the local authority should aim to work with parents to promote the child's education. Where the child is receiving a series of short term placements for respite, the parent will normally remain responsible for educational arrangements. | |
64. Local authorities should notify the local education authority of placements, except for some placements which are intended to last for less than twenty-eight days. Information should reach those who need it in good time, especially the school. Special support may be needed where a change of school cannot be avoided. Local authorities should ensure that the carer's responsibilities towards the child are understood by the school. Carers may exercise the parental role in relation to the school in day to day matters such as attending parents' evenings or receiving school reports but there will be many cases where parents continue to play that role or where the role is shared. It will be up to the social worker to clarify such arrangements with the school. | Regulation 7 |
65. Carers have a major contribution to make to a child's educational progress and development. They are in a good position to identify the child's capabilities and any difficulties, fears and developmental needs. With the help of the carer, and through school reports and direct contacts with the school, the child's educational progress must be kept under review along with other aspects of the child's welfare. Difficulties should be addressed and help provided, including, where appropriate, access to specialist services within the local authority's educational provision. If a child is excluded from school, the local authority and/or the parents, should pursue all the avenues open to them to try to get the child reinstated. If this proves impossible, and the child is permanently excluded, the local authority should ensure that the child receives appropriate education as soon as possible. | |
66. Social work departments and education departments should work together to ensure that they fulfil their statutory duties and meet the needs of children with special educational needs. The local authority's responsibilities towards children with special educational needs are covered in greater detail in Volume 1 chapter 6 of this guidance. | |
67. Children should be encouraged and given opportunities to develop and pursue leisure interests and any special gifts they may have, and to share in the activities of their peers. With the child's agreement, supplementary educational opportunities could be arranged if these would help the child overcome past disadvantage, help develop a particular interest or talent or maintain his or her culture and language. Even where a child is looked after or accommodated for a relatively short period, the aim should be to provide opportunities for development so that the child can benefit as far as possible from the placement, and to identify the help the child may need to sustain new interests on return home. | |
68. The local authority has a responsibility to address the child's moral and spiritual needs. Where a child is placed away from home, the social worker and the child's carers should discover whether the child practised any aspect of his or her religion when he or she was at home and provide opportunities and encouragement for this to continue. Some children, particularly adolescents, may reject the religious persuasion in which they have been brought up or may adopt a different religion. In some circumstances, this decision may affect their relationships with their own families. | |
Respite Placements
69. Arrangements for respite care should be made in partnership with parents. Flexible arrangements should be made which allow parents and carers to negotiate directly with each other. Parents should find respite care complementary to the care they provide. Guidance on respite care for children with disabilities, is covered in Volume 1. Its use should also be considered for parents who, for whatever reason, find full-time parenting stressful or onerous. The child may benefit from receiving the consistency, stimulation, warmth and attention such a placement can provide. A timely offer of respite care may prevent full time care becoming necessary. | |
70. In order to safeguard and promote the welfare of children while they are placed for respite away from their own homes, a series of short planned placements which include overnight stays may be treated as a single placement, provided - all the placements occur within a period which does not exceed one year
- no single placement is of more than four weeks duration and,
- the total duration of the placement does not exceed 120 days.
| Regulation 17 |
71. The requirements of the Regulations apply to such placements except that they need not be repeated for each placement in the series. The placements must be subject to a care plan and the plan must be reviewed. The child should receive a medical before the series of placements commences, but does not need to receive one annually, or at other intervals, unless the child's needs indicate this would be beneficial. A review of the care plan should take place within three months of the series of placements commencing, and then every six months thereafter. | Regulation 17 |
Notifications of Placement
72. The responsible local authority should, as soon as reasonably practicable, inform the following authorities and people about the commencement and ending of a placement, (except where a foster or residential placement is intended to last for less than twenty-eight days) - if the foster or children's home is within the area of another local authority, that local authority
- if the child is of compulsory school age, the education authority for the area in which the foster or children's home is. If the child has significant medical or special educational needs, the education authority must be informed before the placement starts. Where the school the child will attend from the placement is in a different local authority from the foster or children's home, that authority should also be notified
- the local Health Board or nominated child health specialist in whose area the foster home is. If medical advice has been received that the child has a problem of medical significance to his or her future care, the Health Board must be informed before the placement starts
- every relevant person in relation to the child whose whereabouts are known, i. e. anyone with parental responsibilities or rights or anyone who ordinarily has charge of, or control over, the child.
It is not required that particulars of the placement, for instance the name or address of the foster carer, is given to relevant persons if the local authority considers that this is not in the best interests of the child. However, such information should only be withheld in exceptional circumstances and it is recommended that such decisions should be made at a senior management level. A children's hearing may direct non-disclosure, and, in such cases the decision is not a matter for the local authority. Whilst the views of foster carers or care staff should be taken into account, they need to be aware that their particulars will normally be given to relevant persons, unless there is good reason to the contrary. |
Regulation 7
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73. Local authorities should agree with neighbouring local authorities, education departments and Health Boards the most appropriate method of making notifica-tions, to whom they should be made and the information they should contain. Local authorities should have administrative systems which result in quick and accurate notifications at both the beginning and the end of the placement. | |
74. Where a child is to be placed for less than twenty-eight days, the local authority must inform the host local authority if the foster or children's home is based in that local authority. They need not inform the local education department, unless the child has special educational or significant medical needs (however the child's school should be told of his or her change of address and, where applicable, legal status), or the Health Board, unless either the child has a problem of medical significance for his future care or he or she is below compulsory school age. If, however, the placement lasts more than twenty-eight days, the notifications outlined in paragraph 73 should be made. Local authorities may consider after consultation with the other agencies involved that it is more straightforward, and beneficial to children, to make notifications about all placements regardless of how long they are intended to last. | |
75. Where an emergency placement is made with a foster carer or an immediate placement is made with an unapproved carer ( see the chapter on foster care for further details) the notifications in paragraph 73 shall be made as if the child is staying for more than twenty-eight days, regardless of the intended length of placement. They should be made as soon as reasonably practicable after the written placement agreement has been made with the foster carer. | |
Monitoring the Placement
76. The local authority is required to visit within one week of the placement being made, and then at intervals of not more than three months. Many placements will require more frequent visiting than the minimum. The frequency of visits should be determined by the circumstances of the individual case, including any particular stresses being experienced by either the child or carers. The agency must also arrange a visit whenever reasonably requested by a child or carer. Visits during the first weeks of placement can check that any arrangements for contact are working smoothly and give advice or support needed during the settling-in period. The child and carers should regularly be seen alone as well as together. The social worker should ascertain the child's feelings and wishes and make a record of each visit. The record should indicate whether the child was seen and, if not, why not, and if the child was seen alone. It should also comment on the child's welfare and the success of the placement including any comments made by the child or the carer. Any matter for concern should be highlighted so that the need for necessary action can be discussed with the social worker's manager. |
Regulation 18
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77. Most foster families prefer visits by appointment as they have busy childcare and household schedules which makes it hard to accommodate an unexpected visitor. However, an unannounced visit may be required if concerns exist that all is not well in the placement and that the difficulties are not being shared with the social worker. Some visits should take place when all members of the household are at home and should involve meeting with any member of the family who is normally at work full time. The child's bedroom should sometimes be seen. Both child and foster carer should be invited to get in touch with the social worker as required. | |
78. Visits to the child and his or her carers have a number of purposes - safeguarding the child's welfare. This could entail building a relationship of trust between child and social worker, reassuring the child who is away from family and friends and who may be feeling isolated and vulnerable, undertaking direct work with the child such as life story work and identifying if the child needs additional help or support
- ascertaining whether the agreed range and standards of services are being provided
- monitoring and evaluating the achievement of goals and the child's progress including the effectiveness of the contact arrangements
- providing support to the carers and identifying whether the carers, and in the case of a foster home any members of their family, need additional help or support.
Where more than one social worker is involved in the placement, both workers should be clear as to the division of roles and responsibilities. | |
79. Where a placement is going well, ongoing review of the plan for the child requires that visits take place at least at the frequency the Regulations require. The social worker will only be able to identify and help with subsequent difficulties if time has been taken previously to establish a relationship with a child and his or her carer. If, in long-term foster placements, visits and support seem genuinely superfluous, the case for a residence order or adoption order application should be considered. | |
Reviews
80. Local authorities are required to review the cases of all children who are looked after by them. The Regulations prescribe how reviews should be carried out. Although not a legal requirement, it is also good practice to review children who are freed for adoption. Reviews provide the cornerstone for monitoring, adjusting and developing plans to meet the needs of children looked after by the local authority. The aims and process of care reviews need to be clear and accessible to children and families and to the professionals involved. Review practice must aim to avoid delay and drift. Systems for monitoring the effectiveness of care reviews will be important to provide feedback and an overview of how agencies are meeting children's needs. | Section 31
Regulation 8 |
81. The overall objectives of the care review will be - to provide an opportunity to take stock of the child's needs and circumstances at regular, prescribed time intervals
- to consult formally with parents and children
- to assess the effectiveness of current plans as a means of securing the best interests of the child
- to provide an opportunity to oversee and make accountable the work of professional staff involved
- to formulate future plans for the child.
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82. The child's needs and circumstances, care plan, the reasons he or she was originally looked after, legal status, placement, how long he or she has been placed there, and whether or not he or she is living full time, or predominantly, at home will determine the format, formality and comprehensiveness of the review. The format and formality of the review will vary depending on the child's circumstances. For instance a review in a secure unit is likely to be very different from a review in a stable long term foster home. Where a child is living at home on home supervision or is living predominantly at home but receiving respite care, reviews are likely to be less formal and to focus on specific aspects of a child's care and how he or she is benefiting from the supervision requirement or from respite care. Review formats should remain flexible so that they can accommodate and address changing circumstances or unforeseen difficulties that may arise for the child. | |
83. In planning and managing care reviews local authorities should balance the requirements of accountability and information sharing with the child's right to privacy and normality. A review should be seen as helpful rather than intrusive, by a child and his or her parents. Whilst problems that arise with the child will need to be addressed in the care review, it should also focus on progress and positive developments in the child's circumstances and on emerging talents, skills and abilities. | |
Status of reviews
84. Where the child is not subject to a supervision requirement from the children's hearing, the review will be the forum where decisions are made about future work with and care of the child and on any change to the care plan. An exception to the decision making power of the review is where adoption becomes a consideration. The review can decide to refer the case to the adoption panel but cannot legally decide on behalf of the local authority that adoption is in a child's best interests. | |
85. If the child is subject to a supervision requirement from the children's hearing the review does not have full decision making powers. It may formulate recommenda-tions to be presented to the children's hearing, which will decide the direction of the supervision of the child and specify any conditions that are thought necessary. However, within the scope of the supervision requirement, many matters may be left to be determined by the local authority and the child's parents, for example, contact arrangements, school changes, or the allocation of responsibilities to different persons for the various aspects of work. | |
Frequency and timing of reviews
86. Where a child is looked after by the local authority, and placed away from his or her own home, the first review must be held within six weeks of the child being placed, a second review within three months of the first review and subsequent reviews every six months. The only exceptions to this are where the child is placed away from his or her own home for a series of short-term placements or where a child is placed at home on home supervision. In these cases, it is necessary to have the first review within three months and subsequently within six months from the date of the previous review. | Regulation 9 |
87. The early six week review for children placed away from home is in recognition both that the local authority has been given the responsibility for day to day care of the child and that the child has faced a major change in his or her living arrangements. It is essential, therefore, that the appropriateness of the care plan is reviewed at an early stage. Early, focused planning is essential to achieve a successful return home, if appropriate, for children placed away from home. Reviews are also important for establishing and maintaining the momentum of work with children being looked after at home. Additional reviews may need to be called if there is a major change of circumstances, plans are failing to achieve desired outcomes, the authority, child or parents consider either that the plan is not being implemented properly or that it is no longer necessary that the child be looked after by the local authority. | |
88. Where a child is subject to a supervision requirement, he or she shall not continue to be subject to a supervision requirement for any period longer than is necessary in the interests of promoting or safeguarding his or her welfare. Each review should consider whether the supervision requirement continues to be necessary and where the local authority is satisfied that the supervision requirement is no longer needed they should refer the case to the Principal Reporter who will convene a review hearing. | Section 73 |
89. A review should be conducted prior to a children's hearing considering a case under Section 73(4) or (5) of the Act, that is when the local authority feel that the best interests of the child who is subject to a supervision requirement would be served by - the supervision requirement ending or being varied
- applying for a parental responsibilities order
- applying for a freeing for adoption order
- placing the child for adoption
- referral to the Principal Reporter because a condition in the requirement is not being complied with.
A review must also be conducted prior to the children's hearing considering the case, where the local authority becomes aware that an application has been made, or is about to be made, to adopt a child who is subject to a supervision requirement. Where a child or relevant person give notice to the Principal Reporter that he or she requires a review of the supervision requirement, or a relevant person proposes to take the child to live outside Scotland, the local authority must hold a review if it is practicable to do so. This will depend on the time available before the review hearing is convened. | Regulation 9(3) |
90. The timing of child care reviews should be well co-ordinated with that of review hearings. Where a supervision requirement has been made and a review hearing has not been convened for any other reason, the Principal Reporter will convene one within the three months before the expiry of the supervision requirement after one year. The second child care review for a child on home supervision is required before the child has been looked after for nine months. Where children are looked after away from home, the third child care review will take place before the child has been looked after for 10 1/ 2 months. Both of these reviews are therefore well timed to make recommendations to the children's hearings. Local authorities may need to liaise with the Principal Reporter so that the child care review precedes the review hearing. | Section 73 |
91. The relevant outcomes of care reviews will need to be communicated to the hearing and it may well be that the submission of a record of the discussion and key recommendations from the care review will be of benefit to the panel members when they consider the local authority's recommendations for the child. When the care review considers that adoption or freeing for adoption are options, the adoption panel will also need to consider the case prior to a review hearing (see Volume 3 of this guidance). | |
Venue for the review
92. Where the child is living will often be the most appropriate venue for the review but children and young people may have a preference as regards where the review should be held and this may be relevant in promoting their participation. Parents' and carers' wishes and needs should also be taken into account. Provision for financial or practical help with transport to and from the review and the costs of caring for any other members of the family may be considerations for both parents and carers. | |
Chairing the review
93. Chairing a review requires professional knowledge and impartiality of judgement. Ideally the chairperson should not have line management responsibility for the case. This may be less important when the child is living at home on home supervision because the parents retain greater practical responsibility for the child. | |
94. Where possible, the chairperson should be nominated for an individual child rather than for a particular residential or foster home, so that he or she can consistently oversee plans for the individual child. This will be especially significant if the child moves between placements. Research into reviews highlights the significance for young people of developing a link over time with the chairperson of the review whom they see as someone with whom they can communicate and to whom they can express uncertainty more readily. | |
95. The chairperson is charged with ensuring that, as far as possible, the objectives of the review are met. These objectives will vary depending on the stage of the review process for a particular child e. g. initial, subsequent or final, the legal status, and the type of placement of the individual child, for example, respite care or secure care. The chairperson should be consulted by the social worker about who should attend the review, which key people involved with the child and his or her family are consulted, and in the preparation of the agenda for matters to be addressed at the review. Additionally, the chairperson will be responsible for facilitating the participation of children and parents, making sure that decisions and recommendations are clear and that tasks are allocated to specific individuals that can be carried out within realistic time scales. He or she should ensure an accurate record of the discussion and decisions or recommendations is produced and disseminated. | |
Attendance, notification and preparation
96. The social worker responsible for the work with the child and his or her family should consult with the chairperson and where applicable the child and the parents about attendance of individuals at the review. A small group of people, each of whom is familiar with the child and his or her parents, is most likely to facilitate confident participation. | |
97. A child aged twelve or over should be invited to attend his or her review and the attendance of younger children considered in the light of their age and understanding. The chairperson can exclude children from all or part of their own reviews where their presence is likely to disrupt the review, or where it is in their own interests to be excluded. This should be exceptional and, if it occurs, the reasons recorded in the child's file. Whether or not the child attends the review, the obligation on the local authority to take into account the views of the child still applies. Assistance should be provided to enable children to understand the importance and purpose of the review. This should encourage attendance and reduce the need to exclude children from reviews. | |
98. Attendance may not in itself ensure active participation by the child. Children usually value the opportunity to hear what is being said about them, but often lack the confidence to influence decisions. Feelings about lack of real participation are more acute for children who only attend part of their review, rather than having the chance to hear all of the discussion. Special arrangements may be needed to help disabled children participate. | |
99. The child's ability to participate fully in a review will depend greatly on the preparation they received beforehand and the support they receive within the review. Children find preparation helps them to understand the issues to be raised in the process and when and how to make their own contribution. The chairperson's role is crucial in involving the child effectively, for example, through direct open questions and invitations to respond. Children are sensitive to whether they feel their contributions are listened to and this has a direct bearing on how they feel about attending. Children may choose to invite someone to speak on their behalf and Children's Rights Officers may be helpful. | |
100. The attendance of children should reflect the broader process of consultation with them, from the beginning of their relationship with the local authority. The process of involvement may begin with clear information being given to the very young child, moving to opportunities to express their views in any format, written or verbal, as soon as they are able, and finally arriving at a time when young people expect and value opportunities to discuss decisions concerning their own lives in reviews. | |
101. Children from ethnic minorities are reliant on those planning and conducting reviews to be aware of the racial, linguistic, religious, and cultural factors which could affect the conduct and content of reviews and the plans or recommendations made at reviews. This awareness will not only help to promote the child's self-esteem throughout the separation, but will also facilitate participative decision making and easier reintegration into his or her family and community of origin. | |
102. Children who have had very disrupted experiences are more likely to suffer from some degree of developmental delay, so assessment of their actual developmental stage, in relation to their chronological age, is crucial. Some children function both emotionally and intellectually as if they were much younger children. It may be necessary to build up their confidence during the review process in order to address their preoccupations, which may be more akin to those of a much younger child. | |
103. Successive separations from parents for which children have not been adequately prepared, and from which they have not recovered, or abusive experiences may also render them more vulnerable. They may feel they have been moved unwillingly and without consultation, or guilty at not having been able to prevent or stop the abuse. This underlines the need to consider at the earliest stage the information the child should be given, together with opportunities for them to express their feelings about what has happened to them and their views about the future. Real involvement in choices, however small these may appear to adults, helps children to feel more confident and prepares them to contribute to discussion and decisions at reviews. | |
104. Someone with a relationship with the child should prepare him or her for each review considering which issues are most urgent for the child and how he or she can be helped to make his or her views known. For example, even though children in the six to ten year old age group may not understand the complexities of decision making, it is still important to ascertain their wishes and feelings and give them an explanation of events and plans and the reasons for them. Preparation for a review with a child of this age could involve play, art work or making a video or audio tape. Adolescents, and often pre-adolescents, can be helped to give their views in a variety of ways, for instance through a chosen supportive adult, in taped or written form, as well as verbally through discussion at the review itself. | |
105. Those with parental responsibilities in relation to the child should normally be invited to attend the review and to participate fully. In circumstances where the children's hearing makes a condition terminating contact with the child, or the chairperson has reason to believe the parents' presence would preclude the possibility of a proper review being held, (for instance because of the threat of violence or because a child is likely to be intimidated by the presence of an abusive parent) the parents' attendance will be a matter for the discretion of the chairperson. Regardless of whether parents attend, however, they should be allowed to make their views known in writing to the review, and should have a written copy of the decision or recommendations of the review thereafter. | |
106. Key professionals with the ability to make a significant contribution to the review should be invited. The child's social worker and any foster carer caring for the child or key residential worker should always attend the review. Where a child is in transition from one placement to another, the future carers or key workers should normally also attend. In order for the review meeting not to be too large or intimidating, and for the child and/or parents not to feel that intimate details of their lives are common property, no one else should attend as of right. | |
107. The attendance of other professionals at a child's review depends on the contribution they can make to the functions of the meeting. There should be consultation with education staff and health professionals involved with the child prior to the review being held, and written reports should be invited. The appropriateness of their attendance should be considered in the light of the needs and wishes of the individual child. | |
108. Where a child is placed away from home consideration should be given to the involvement of the social worker's manager where he or she is not chairing the review, the officer in charge of the residential unit, or the foster carer's link worker and any specialist workers involved with the child such as workers with children from particular ethnic groups, aftercare workers, or Children's Rights Officers. They should only be invited where their presence is essential to the success of the review. | |
Matters to be addressed at reviews
109. The nature of the child's placement will determine the matters to be addressed at the review. - Home Supervision
Reviews should ensure not only that the care plan is proving workable but should consider whether or not the necessary arrangements and resources are in place to meet the conditions of the supervision requirement. It can be helpful for progress indicators to be established in the care plan or at the initial review. The indicators should be as objective as possible so that progress is measurable and there can be shared agreement between all parties as to what has been achieved. A list of progress indicators is in Annex 1. - Looked After Away From Home
Fuller preparation will be needed prior to a review of a child placed away from home and it is suggested that a pro forma review form is used on which the social worker will record the information necessary to conduct the review and which indicates the issues for discussion at the review itself. An example of issues to be included is in Annex 2. - Receiving short term respite care
The characteristics of children receiving respite care, the reasons why respite is needed, the amount and pattern of usage, and the variety of types of placement will mean that each review of respite arrangements will have both unique and common features. The check list in Annex 3 contains relevant issues for consideration.
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110. At all reviews following the initial review, the basic information required should include a description of any changes and developments that there have been in the child's circumstances and the placement since the previous review. Both problems and progress should be recorded. | |
111. When chairing any review the chairperson needs to ensure that the discussion covers - a full understanding of the child's current circumstances
- an examination of work already done
- an overview of future tasks - what remains to be done, what needs to be done differently and who will take responsibility for this work.
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Review records
112. A written record must be kept of the review for future use. These records are particularly important for children looked after away from their own home not only for clarifying plans, but also at a later stage of their lives when they are reflecting on their early history. In deciding what needs to be recorded, the emphasis should be on making a record of decisions or recommendations reached, the facts and judgements which informed these decisions, who will carry them out, and by when. The record should say who was involved in the formulation of these decisions and recommendations and if anyone dissented from them. All reports prepared for the review should be part of the record of the review. | Regulation 10 |
113. The review chairperson should complete and distribute the review notes quickly, in order that decisions can be promptly implemented. The child, parents, and carers or key worker should have copies of the review decisions. Other professionals should receive information relevant to their role in working with the child and family. The child's privacy should be respected. | |
114. The social worker should ensure that the child, parents, carers or key worker have understood the review decisions and know what tasks are expected of them. Where English is not their spoken language or they have a sensory disability, appropriate translation and interpretation arrangements should be made. | |
Monitoring service provision
115. Social work departments should monitor whether reviews are held within the stipulated timescales. Their content, attendance, decisions, and whether or not decisions are implemented should also be monitored in order to evaluate the effectiveness of the review system. Monitoring can obtain information about the use of existing services, the need for new provision, and any gaps in specialist services. This should inform the planning process within the local authority. | |
Terminating the Placement
116. When the responsible authority is satisfied that the particular placement is no longer in the child's best interests it should make arrangements to end the placement. There are a number of considerations in reaching such a decision, including - the views of the child and his or her parents
- whether the planned purpose of the placement has been achieved
- whether the child's and/or family's circumstances have changed
- whether the placement is unable or unwilling to provide the agreed range and standard of services.
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Regulation 19
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117. Agencies should aim to achieve a planned ending to a placement. Carers have an important role in preparing and reassuring the child, assisting introductions and visits with new carers and helping new carers to understand the child's habits, routines and needs. | |
118. A child's return to his or her own family will need careful preparation. The child and family may need additional support over the settling-in period until the child is re-integrated into the family. Other services under the Act may be appropriate. A planned period of re-introduction may be needed, depending on the length of time the child has been away from home and the extent of changes in the family. The need for continuity is equally critical at the end of a placement as at the beginning. Children often return to different addresses, there may be new babies in the family, new step parents and step brothers and sisters. Sometimes a child has to change schools and leave behind friends and interests acquired during placement. Parents, too, need to be prepared for changes in the child's habits, interests and routines, and for the possibility of disturbed behaviour while the child is settling in. | |
119. It is often appropriate for contact between previous carers and the child to continue through visits, telephone calls or letters. In most cases it is helpful for previous carers to be given news of how the child has settled into his or her new life. Where an older child is moving into lodgings or a flat, carers can provide considerable support, often in the medium to long-term. They may be able to offer occasional overnight stays, meals and advice on budgeting, job seeking, further education, household skills, and peer relationships. Where the child is also in receipt of after care services the respective roles and responsibilities of carers and these services should be clarified. Foster carers may be prepared to have the young person back to live with them as a lodger for a while, if their first attempt at independence does not work out. Whilst foster carers will often undertake these tasks willingly, they may end up out of pocket, and local authorities should consider reimbursing any costs. | |
120. Unplanned endings may happen where a crisis leads the authority to remove the child immediately, the carer asks for the child to be removed or the child insists on leaving. It is not helpful to children or carers, if it can be avoided, to allow placements to deteriorate to such a point that the ending is abrupt, sometimes angry, and often distressing for all concerned. Whilst it is usually beneficial to offer additional support to the child and carers to try to improve a fragile placement, contingency placement planning should take place and be discussed with the carer and the child. | |
121. Where a child is accommodated by agreement with a parent under a voluntary arrangement, a parent may remove the child without notice if the placement has lasted less than six months. Carers will need advice on how to handle those occasional cases in which it may be necessary for the social worker to seek an emergency order to prevent an inappropriate and unplanned removal where this would be likely to cause significant harm to a child (for example, a drunk parent coming to "collect" his or her child in the middle of the night). | |
122. Local authorities have a duty not to allow a child to remain in a placement if the authority considers that it would not be in his or her interests to stay there. Where necessary (where a child is at risk of immediate harm, for example) the child should be removed immediately. | Regulation 19 |
123. While authorities should use their powers when they are needed to safeguard a child, the aim should be to bring placements to a planned conclusion, discussing plans with the child, carers, and parents and involving them in the preparation of the child. There may be circumstances where the authority has decided that the placement must be ended but removal may be delayed without disadvantage to the child. Authorities should as far as possible avoid hasty removals. | |
124. Children and carers need help in coping with disrupted placements. Disrupted placements should be reviewed with the carer in a positive way, where possible without apportioning blame. The aim should be understanding and learning (on the part of the authority as well as the carers) for the benefit of the child and of future placements in the home. Where a disruption has occurred in a foster home, this should not automatically mean that a foster carer's approval is terminated. Managers should assess what, if any, factors in the foster home contributed to the disruption, what implication these factors might have for future placements, and whether these factors can be reduced or overcome, for instance by training or a change in the foster carer's terms of approval. | |
Establishment and Safekeeping of Records
125. Records are the basis, as social workers and carers change, for a common understanding of the plan for the child, the arrangements made, agreements and decisions which have been reached and the reasons for them. Records enable the implementation of decisions to be monitored effectively and kept under review. The local authority's record may also be a source of information for adults who were previously looked after away from their birth families. This should be borne in mind when deciding on the content of the record as they will often want different kinds of information than social workers. | |
126. Local authorities are required to keep a case record for each child looked after by the authority. A child's case record should include all the information about family history, involvement with the authority and progress which is relevant to the child being looked after. The case record should contain - a copy of the arrangements made for the child (the care plan)
- a copy of the information collected under Schedule 1 in order to draw up the care plan
- copies of written reports in the authority's possession concerning the welfare of the child; this will include family history and home study reports, reports made to a children's hearing or a court, reports made of visits to the child, his family or his carer, health reports etc.
- copies of the documents used to seek information, provide information or record views given to the authority in the course of planning a review and copies of review reports
- details of the arrangements for contact and any requirements made by a children's hearing or orders made by a court relating to contact with the child
- details of any arrangements made for another authority, agency or person to act on behalf of a local authority which placed the child.
Any contribution the child may wish to make, such as written material, photographs, or school certificates should also be included. Copies should be made of these documents so that the child can have the originals back at a later stage if wanted. | Regulation 11 |
127. The case record should describe the process of decision-making so that the views of the child and his or her parents can be easily found and related to the decisions taken and arrangements made. The child's record should be separate from management records and those relating to foster carers or residential care matters which are not solely concerned with the individual child. Where information on one of these other records is relevant to the child, a duplicate entry should appear in the child's records. Records should not be amalgamated even in the case of siblings although a degree of cross-reference and duplicate entry will be necessary. | |
128. Authorities should take responsibility for the safekeeping of records. This requires not only arrangements for the physical security of the records but effective procedures to restrict access to the records to those who are properly authorised and need access because of their duties in relation to a case. Arrangements for access by parents or guardians of looked after children under the Access to Personal Files Act 1987 should be in place. | Regulation 12 |
129. Arrangements for access to personal files by children have been modified by the Age of Legal Capacity (Scotland) Act 1991. Section 2(1)(a) precludes the exercise of some established rights by persons under sixteen years of age - a person under sixteen has no legal capacity to make an application and gain access to personal information of which he or she is the subject
- a person under sixteen has no legal capacity to consent or refuse consent to share information supplied by that person with third parties
- it follows that a person under sixteen cannot seek a review of local authority decisions regarding access to personal information, or amendment or deletion of entries in such information.
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130. It is good practice to share information with children, where possible. One way of achieving this is for social workers to share the contents of their reports with children. Another is to share information held on the record with young people over sixteen when they cease to be looked after. This may help them understand why particular decisions were reached during their childhood and why it was necessary for them to be looked after. | |
131. The case record of a child who has been looked after must be kept until the seventy fifth anniversary of his or her date of birth or twenty-five years from the date of death in the case of a child who dies before reaching the age of eighteen. The method and location of storage should ensure the security and preservation of records. The records should be indexed so that they can be easily found when required. The duty to retain records applies to those records which are opened after the Act comes into force. It would be good practice for local authorities to retain their current and previous records of children in care, for the same period. | Regulation 12 |
Notification of Occurrences
132. The local authority must require the person with whom the child who is looked after is living to notify them forthwith if the child dies, suffers an illness or injury likely to result in death or serious disability or if the child has any unauthorised absence or, without lawful authority, is taken away from the person. This duty should be stated in writing and also written in the care plan. On receiving such a notification, the local authority must forthwith notify the child's parents or anyone else with parental responsibility. | Regulation 14 |
133. There may be other occurrences involving the child who is looked after about which the local authority would wish to be notified. Examples might be that the child is charged with an offence, is excluded from school, or overdoses or self harms. The expectation of such notifications might be written into the care plan. | |
Deaths of Children who are Looked After
134. Local authorities are required in the event of the death of a child who is looked after by them to notify the Secretary of State as far as is reasonably practicable, notify the child's parents and other persons who have parental responsibility for the child, except where the child is living with such a person. | Regulation 15 |
135. Sections 28 and 29(2) of the Social Work (Scotland) Act 1968 as amended by the 1995 Act enable local authorities to - cause to be buried or, unless it is not in accordance with the practice of the child's religious persuasion, cremated, the body of any deceased child who immediately before his or her death was being looked after by the authority
- recover from the estate of the deceased person or from any person liable to maintain him or her immediately before his death expenses incurred in connection with the burial or cremation
- make payments to the parents, relatives or other persons connected with a child who had been looked after by the authority for purposes of any of those persons attending the child's funeral if it appears to the authority that those persons would not otherwise be able to attend without undue hardship and the circumstances warrant the making of such payments.
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Notifying the Secretary of State
136. On being informed of the death of a child who has been looked after, the Secretary of State may - examine the arrangements made for the child's welfare during the time he or she was looked after
- assess whether action taken or not taken by the local authority may have contributed to the child's death
- identify lessons which need to be drawn to the attention of the authority immediately concerned and/or other authorities or other statutory agencies
- review legislation, policy, guidance, advice or practice in the light of a particular case or any trends emerging from deaths of children being looked after.
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137. When a child looked after by them dies the local authority should telephone the Social Work Services Group within one working day stating the name of the child, his or her date of birth, the legal circumstances in which he or she was being looked after and where, and brief details of the cause and circumstances of his or her death, if known. This information should be confirmed immediately in writing and a copy of the death certificate should be forwarded as soon as it is available. Within twenty-eight days, the local authority should send to Social Work Services Group a detailed report and supporting information. It may not always be possible to supply complete information at this point if, for instance, a Fatal Accident Inquiry or criminal proceedings are outstanding. As full a report as possible however should be supplied with a supplementary report sent in as soon as the additional information is available. The matters to be covered in the report are outlined in Annex 4. | |
138. Reports will be acknowledged in writing. The local authority may be asked for supplementary information, including information from other agencies involved with the child. The Social Work Services Group will tell the local authority about their conclusions indicating what, if any, further action they will take or require the local authority to take. | |
Notifying parents and other relevant persons
139. The regulations require local authorities in the event of the death of a child who is looked after by them, and so far as is reasonably practicable, to notify the child's parents and every person who is not a parent but who has parental responsibility for the child of the death of the child. Other statutory agencies may be able to assist in identifying or finding the persons concerned, and it may also be appropriate to seek their help in notifying the persons concerned where they live some distance outwith the local authority area. It may not be possible to enlist the help of authorities outwith the UK. If a person to be notified has been identified but is a citizen of another country living outside the UK, the authority may have to communicate the information about the child's death in writing, although this is not an ideal way to communicate such information. Where the person is a UK citizen living abroad, the British consulate in the country concerned may be able to assist. | Regulation 15 |
Arrangements for the funeral
140. Where parents retain their parental responsibilities they retain responsibility for all the funeral arrangements unless they delegate the responsibility to the local authority or cannot be found. Where the child has been looked after away from home, particularly if he or she has been in a long-term family placement, the carers may feel distressed that they are not able to organise the funeral. Depending on the cause of death, sometimes feelings of anger are expressed by parents or carers that more could have been done to prevent the death. Details should be provided in the report to the Secretary of State of how such issues have been dealt with if they have emerged. Information should also be provided of any bereavement counselling that has been made available to parents, carers, siblings, any other children in the placement, and any other persons for whom it may be needed. It may be helpful for support to be provided by someone who has been through a similar bereavement. | |
141. Where the local authority has parental responsibilities through a parental responsibilities order or a child being freed for adoption they should normally try to involve the parents in the funeral arrangements. | |
142. The local authority may arrange for the child's body to be buried or cremated. Generally, the local authority should help the persons with parental responsibility take responsibility for arranging the funeral and burial or cremation. Where parents or persons with parental responsibility cannot be found, efforts to find them should not delay the funeral. Local authorities are not authorised to cremate a child's body where this does not accord with the practice of the child's religious persuasion. The funeral should be conducted in accordance with the child's religious persuasion. | |
143. The local authority may recover any expenses they have incurred through the burial or cremation of a child, who was under sixteen when he or she died, from any parent of the child, including summary recovery as a civil debt. Whilst many parents will wish to take responsibility for or contribute towards the costs of the burial or cremation some may be unwilling or unable to do so. This issue should be handled with particular sensitivity. | |
144. The local authority may make payments to any person who has parental responsibility for the child, or any relative, friend or any other person connected with the child to pay travelling, subsistence or other expenses incurred in attending the child's funeral, where it appears that the person concerned could not otherwise attend the child's funeral without undue financial hardship and that the circumstances warrant the making of the payment. This provision might apply where the child has been placed a long way from home and the carers and the other children in the placement wish to travel to the funeral or where the child's family are living on a very restricted budget and have no capacity to cover unforeseen expenses. These payments are not recoverable by the local authority. | |
Support of staff involved with the child and family
145. Staff and foster families who have been closely involved with a child who dies while being looked after, or who make the funeral arrangements or who provide bereavement counselling may need support to come to terms with the events. Authorities should make this available where necessary. The National Foster Care Association will often be able to put foster carers in touch with other foster carers whose foster children have died. | |
Children to be Cared for by their Own Parents
146. A local authority may make arrangements for a child who is looked after to be cared for by his or her parents or by a person with parental responsibilities for the child. However, a child cannot be accommodated by a local authority and simultaneously cared for by a parent. Accommodation cannot be provided if anyone with parental responsibility objects and he or she is willing and able to either provide accommodation or arrange for it to be provided. A person with parental responsibility can remove a child from accommodation at any time except where the child has been accommodated for more than six months, when at least fourteen days notice must be given in writing. However, these rights of people with parental responsibility do not apply where either the child is aged sixteen or over and he or she wishes to be accommodated or the person or persons requiring accommodation have a residence order made in their names. |
Regulation 16
Section 25 |
147. The requirement of at least fourteen days notice in writing avoids sudden disruption to a child and provides an opportunity for parents and the local authority to plan the child's return to his or her family. Arrangements for ending a placement should be agreed and specified in writing to all parties, including foster carers or residential staff. It will not always be necessary to wait fourteen days - this will depend on the needs of the child. There may be occasions when the local authority consider that a return home, even after fourteen days notice, will not be in the best interests of the child. If they consider that compulsory measures of supervision may be necessary they should refer the case to the Principal Reporter. | Section 25 |
148. A child who is in a place of safety because he or she is subject to - a child protection order
- an authorisation from a justice of the peace
- removal by a police constable
- a warrant from a children's hearing or Sheriff Court.
cannot be placed with the parent or person with parental responsibilities from whom he or she has been removed. There may be circumstances where it would be appropriate for a parent with whom the child does not normally reside to provide a place of safety. | Regulation 16 |
149. A children's hearing may place a child under supervision at home - guidance is provided in chapter 2. Where, by virtue of a supervision requirement the child is required to live away from a parent or person with parental responsibility, the local authority cannot allow him or her to return home without the permission of the children's hearing. For some children, whilst their main placement will be away from home, it will be beneficial for them to have overnight stays at home. This is likely to apply where return to the family is planned. Where such arrangements may be a consideration, the local authority should indicate this to the children's hearing which can if it wishes, leave some flexibility in managing contact arrangements. | Section 70 |
150. A local authority may allow a child who is subject to a parental responsi-bilities order to live at home with his or her parents although the local authority retains parental rights and responsibilities until such time as the order is revoked or the child becomes eighteen. Generally a child will be placed at home with a view to the parents resuming care and to the order being revoked. In most circumstances, the local authority should try to reach an agreement with the parents whereby an increasing share of the parental decision-making and tasks are returned to the parents. | Section 87 |
Contributions towards Looking After Costs
151. Local authorities are empowered to collect financial contributions for children who are looked after. There is a duty on certain people to pay contributions in respect of a child who is looked after by a local authority or subject to a supervision requirement under which the child is required to live in a place other than his or her home. If the child is under sixteen, the liability to pay contributions is placed on "any natural person who has parental responsibilities". Where the child is sixteen or over and is in paid employment, the liability is on the child. Local authorities will normally establish a sliding scale of contributions based on parental or, in the case of over sixteens, the young person's income. The expected contribution must not be greater than the cost of looking after the child. Parents who are in receipt of income support, family credit or jobseeker's allowance should not be expected to make a contribution. |
Section 78 1968 Act
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152. Contributions can be paid to the local authority in whose area the contributor is living at the time of payment. When the contributor is living in a different local authority from the one which is looking after his or her child, the local authority receiving the payment has to pay it to the local authority which is looking after the child. The local authority collecting the payment is entitled to make a service charge to the other authority, and if agreement cannot be reached, the amount can be determined by the Secretary of State. A service charge of 10% has been agreed between the Scottish local authorities. | Section 79 1968 Act |
153. Where a person fails to pay contributions or is in arrears there are procedures for enforcement through the courts. A contribution order can be attached to a person's earnings or pension. The contribution order lapses when a child ceases to be looked after or when the relevant condition of the children's hearing terminates or when the child becomes sixteen. A contribution order can be revoked or varied by the court. | Sections 80-83 1968 Act |
154. Where a father does not have parental responsibilities, it is still possible for the local authority to obtain contributions by means of an action of aliment (ie maintenance) in the same way the child's mother can if the child is living with her. Where such a decree of aliment already exists in favour of the mother, the local authority can obtain a contribution order to the effect that the payments will be made to the authority instead. A similar provision applies where a trust exists which is paid to the person who had care of the child in order to maintain the child. The local authority may apply for an order diverting the money, or part of it to them for the benefit of the child. | |
Emigration of Children who are Looked After
155. Occasionally it will be appropriate for a child who is looked after to emigrate either because the person they are living with is emigrating or in order to go to live with a relative or friend who lives abroad. There is no prohibition on emigration where it is in the best interest of the child. | |
156. Where a child is accommodated by the local authority, it would not be possible for him or her to emigrate without the agreement of the person with parental responsibilities. Where a child is subject to a supervision requirement, the agreement of the children's hearing would also be required. Where a child is the subject of a parental responsibilities order or freed for adoption, it is possible for the local authority to allow a child to emigrate without gaining the agreement or even seeking the views of persons who formerly had parental responsibility, but this would be an unusual course of action unless the parents have indicated that they do not wish to be further involved in decisions about the child or they cannot be found. | |
157. Before a child who is looked after emigrates, the local authority should satisfy itself that - emigration is likely to benefit the child
- suitable arrangements have been made for the child's care in the country to which he or she is going including, where applicable, continuing social work support or supervision
- the child, if he or she is old enough to form an opinion, wishes to emigrate
- there are contingency arrangements if the emigration does not work out for the child and that steps are taken to explain these to the child
- where it has a parental responsibility order, a decision has been reached, depending on the circumstances of the case, to seek revocation, or to continue the order.
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