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Scotland's Children - The Children (Scotland) Act 1995 Regulations and Guidance: Volume 2 Children Looked After by Local Authorities

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Scotland's Children
The Children (Scotland) Act 1995 Regulations and Guidance
Volume 2 Children Looked After by Local Authorities

ANNEX 1
Progress Indicators for Home Supervision
  • the absence of further harm to the child
  • a reduction or stopping of offending behaviour
  • the stage of physical and emotional development attained by the child, confirmed if possible by a developmental medical examination
  • the level of risk to which the child is currently exposed in relation to the level previously assessed
  • the level of risk the child now presents to others in relation to the level previously assessed
  • the response of the child to parental control and discipline
  • the level of school attendance (or other provision) compared with previous level
  • the level of achievement or progress in relation to assessed educational potential for the child
  • the competence of the parents in using new parenting skills
  • the social behaviour of the child in the company of his or her peers.
Annex 2
Suggested Format for Reviews of Children Placed away from Home

Information to be recorded prior to the review

  • The name, date of birth, ethnicity and religion of the child. The name and address of the current carers. The date of placement. The type of placement. The name and workplace of the social worker.
  • The legal basis for the current work with the child.
  • Any significant events or changes since the start of the placement either for the child, his or her parents or the carers.
  • Any progress or problems there have been in drawing up or implementing the care plan, and in particular whether contact is working to plan.
  • Whether commitments made for the early weeks of the placement in the care plan have been carried through.
  • How parties to the review, in particular the child and parents, have been prepared for the review and whether they have provided a report.
  • Which professionals have been consulted concerning the review and whether they have provided a report.
  • A brief résumé of the overall plan for the child.
  • What services have been provided for the child including any services to meet the health, educational, racial, religious, cultural and linguistic needs of the child.
  • The dates of visits to the child, his or her carers and his or her family by the social worker.

Issues for discussion at the review

  • Is sufficient information available concerning the child and his or her family in order to meet the child's needs or is a fuller assessment, including a full medical or educational assessment needed?
  • Does the child still need to be looked after? If so for how long? If not what factors, including any resources factors, are preventing restoration and how can they be resolved?
  • Is the plan for the child still appropriate or does it need to be amended or made more specific in the light of additional information and knowledge of the child gained since the last review or since the child became looked after if this is a first review?
  • Is the overall plan for the child appropriate, clear and achievable? What are the key tasks and who will be responsible?
  • Do any changes need to be made to the contact arrangements in order to achieve the plan and/or make the arrangements work better? Would the child benefit from any contact with other people, who have not had contact to date e. g. extended family, neighbours, friends?
  • If the child is separated from his or her siblings, should a placement be sought together? Do any changes need to be made to the contact arrangements? What long-term needs does the child have in relation to the following issues: health, development and health education, disability, education, career or further education, racial, religious, cultural and linguistic needs, achieving a positive identity and self-esteem.
  • What plans have been made to meet these needs and are further plans necessary?
  • What contribution are the child's parents or any other people in contact with the child making to the child's day-to-day care? How is this working and should it be altered in any way?
  • Are the social work role and tasks appropriate and how will these be carried out until the next review?
  • Are the carer's role and tasks appropriate and how will these be carried out until the next review?
  • Has the child, and his or her parents, been sufficiently and appropriately involved in decision-making to date? If not, how will they be in future?
  • Does the placement meet the child's needs as identified in the above considerations? If not, can it be assisted e.g. through the provision of training, additional support, additional services, to meet the child's needs?
  • If the placement is one that is only intended to be time limited e. g. an assessment centre or an emergency foster carer, or is unable to meet the child's needs, are there appropriate and timely plans to move the child to a placement which can meet his or her identified needs and last as long as he or she needs it?
  • What is the contingency plan if the preferred placement cannot be found or does not work out?
  • If the child is a young person for whom independence is likely in the foreseeable future, what plans have been made to help the young person achieve independence successfully?
Annex 3
Checklist of Issues for the Reviews of Children in Respite Placements
  • How has the child adapted and responded to his or her periods away from home?
  • Have the arrangements gone according to plan?
  • Have any health needs arisen either whilst the child has been placed or which have had an impact on the placement? How were they met?
  • Have any education needs arisen either whilst the child has been placed or which have had an impact on the placement? How were they met?
  • Have there been any significant events either in the child's family or the carer's family which have had an impact on the placement?
  • Have the carers and parents been able to work co-operatively together to meet the child's needs?
  • Do the parents or the child have any concerns about the nature or quality of the care the child has received?
  • Has the social worker carried out any tasks outlined in the care plan? Do the child, parents and carers consider they have received sufficient support from the social work department?
  • Are any alterations needed to the care plan?
  • Is respite care still needed by the child?
Annex 4
Report to the Secretary of State after a Child who is Looked After has Died

The report should cover the following matters

  • A medical history of the child, distinguishing between the state of his or her health before and after he or she became looked after, and outlining any measures which were taken or not taken to improve his or her health or to alleviate the effects of ill health or disability. The term "state of health" should be interpreted widely to include abuse of drugs, alcohol or volatile substances, attempts at self-harm, mental health problems or any disabilities. The medical history should be accompanied by copies of relevant medical reports and, if available, a post-mortem report.
  • A social history of the child, including the circumstances which led up to him or her being looked after, any services which were provided prior to him or her being looked after, and the services provided whilst he or she was looked after. The report should outline any concerns which existed about the welfare of the child or any other difficulties, the progress made by the child, and the effectiveness of the services provided by the social work department and other agencies including the placement or home supervision in meeting his or her needs. The social history should be accompanied by copies of relevant supporting documents, for example, child protection case conference minutes and reports, social background reports to children's hearings, child care review minutes and reports, the home study on the foster carers or the statement of functions and objectives of the residential home.
  • An account of the circumstances of the death. Details should be provided of the medical help which was sought. Details of the general practitioner and other doctors who attended the child during the critical period before death, should be provided. Copies of relevant hospital or other medical reports should be provided.
  • Where death was through terminal illness or disability, the account should include details of the progress of the illness or disability, the counselling which was provided to the child, his or her relatives and his or her carers and any attempts which were made to make the child's death as peaceful and pain free as possible.
  • Where death followed an accident, homicide or suicide copies of any available formal statements made in regard to the incident by the social work department or other agencies should be appended. An account should be provided of the circumstances leading to the incident and of any other events which could be connected to it, including previous events concerning the same child, previous events concerning other children in the same placement or previous events concerning local children. Where a Fatal Accident Inquiry has been held and where the sheriff's determination has been obtained by the local authority, a copy should be provided.
  • Where death was the result of child abuse the local authority will want to assure itself and others, including the Secretary of State, that it has acted promptly and competently in the particular case and will want to identify any necessary improvements. There may be public interest which also needs to be taken into account. Local authorities will conduct their own internal inquiries into the handling of the case. There may also be criminal inquiries, and there may be subjudice considerations. These inquiries may be lengthy but the submission of as full a report as possible to the Secretary of State should not be withheld beyond twenty-eight days. The report of any local authority inquiry should be forwarded to the Social Work Services Group once it is completed.
  • Details should be provided of how parents or anyone with parental responsibility were informed of the child's death (or if they were not informed what efforts were made to inform them) where the child was not physically in their presence at the time of death. Information should be provided about the funeral, burial or cremation and any support provided to anyone concerned by the death.

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Page updated: Monday, March 20, 2006