October 2020
Updated Chapters | |
Chapter Name | Details |
The information contained in this procedure has been extensively revised throughout. |
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Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery |
The Further Information section has been updated to include a link to Statutory Guidance Modern Slavery: How to Identify and Support Victims. |
This chapter has been revised and updated. |
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Section 6, Placements of Children under 13 years has been updated following publication of revised DfE guidance. |
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This chapter has been updated to reflect the latest Ofsted guidance for social care providers on the types of incident which they consider to be serious and which will therefore require notification to the regulatory authority. |
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Looked After Children and Young People in Contact with Youth Justice Services |
The link to Case management guidance has been updated. |
Updated Chapters | |
Chapter Name | Details |
In this chapter, guidance is offered in relation to the various situations in which consent is likely to be sought, with reference to previous legal judgements. This is a potentially complex practice arena and if the practitioner is in any doubt about gaining consent, they should always seek further advice from managers and legal advice must be sought as necessary. |
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Use of Social Media Sites by Social Care and Safeguarding Staff |
The use of social media in a social care and safeguarding environment is a developing area. Cases and reviews have discussed the use of social media in social work practice. There is, however, currently no specific government guidance on the issue. This chapter is designed to highlight some of the issues to be considered, with links to additional information. It is not intended to provide any legal advice, and legal advice must be sought as appropriate. Local Authorities and Courts may have local protocols in place on the use of social media/service of documents. |
This chapter provides guidance on the storage of personal data (including photographs) on mobile devices. 'Personal data' is any information about an identifiable living individual. 'Mobile devices' includes memory sticks, mobile telephones including smartphones, tablet technologies, netbooks and laptops. |
Next Update: March 2021 |
Archive
June 2020
Updated Chapters | |
Chapter Name | Details |
This chapter has been extensively revised and should be re-read. |
May 2020
Updated Chapters | |
Chapter Name | Details |
This chapter has been amended, a new version of the Need to Know Form has been added. |
April 2020
Updated Chapters | |
Chapter Name | Details |
This chapter has been updated in line with the new digital referral system for reporting potential victims of Modern Slavery. |
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This chapter has been amended to reflect the Ofsted Twitter Blog of 24/7/19 by Yvette Stanley, Ofsted's National Director for Social Care. The Blog highlights feedback from a number of inspections and explores what good recording should look like. (Ofsted: developments in children’s social care – What makes an effective case record?). |
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Children and Young People Aged 0-25 with Special Educational Needs and Disabilities |
An update has been made in Section 1, Principles to draw attention to OFSTED’s advice that Local Authorities should exercise due diligence in ensuring schools for pupils with SEN are registered with the DFE. The same diligence should be exercised on behalf of pupils with SEN. |
Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery |
This chapter has been updated to take account of the new NRM digital referral form to report Modern Slavery. |
This procedure has been updated to reflect revised guidance issued by Ofsted to Children’s Homes Providers in August 2019. The revised guidance sought to clarify what is meant by a ‘serious event’ in relation to a child living in a Children’s Homes with the aim of reducing the overall number of notifications made to Ofsted, and in particular reducing the number of repeat notifications made as a result of submitting additional / updated information. |
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Education of Looked After and Previously Looked After Children |
This chapter has been updated to reflect Keeping Children Safe in Education 2019 which replaces the 2018 version. Section 8, Safeguarding the Looked After Child at School has been amended to include reference to Upskirting (which is now a criminal offence) and serious violence. In Section 1.3, Role of the Local Authority, Virtual School Head (VSH), and School, OFSTED’s advice that Local Authorities should exercise due diligence in ensuring schools for LAC pupils are registered with the DFE has been added. |
October 2019
Updated Chapters | |
Chapter Name | Details |
Care and Supervision Proceedings and the Public Law Outline |
This chapter has been amended to reflect changes from 'Practice Direction 27a - Family Proceedings: Court Bundles (Universal Practice to be applied in the High Court and Family Court)' in relation to the required maximum length of certain court documents (unless otherwise specifically directed by the court). In addition, further detail has been added with respect to the Final Care Plan. |
Death or Serious Injury to a Child |
The Death or Serious Injury to a Child (Looked After and Child in Need) chapter has been updated throughout to reflect Working Together to Safeguard Children (2018) and the process for reporting a serious incident to the Panel via the Child Safeguarding Notification System. |
Private Fostering |
This chapter has been amended to confirm that after the private fostering arrangement ends that any request for support from the young person should be made to the local authority in which they are resident or where the education and training is provided. |
Decision to Look After and Care Planning |
This chapter has been amended to reflect section 3 of the Care Planning and Care Leavers (Amendment) Regulations 2014. The Care Plan must identify whether there is reason to believe the child has been trafficked or is an unaccompanied asylum seeker. |
Placements with Parents |
This chapter has been updated to note that this procedure does not apply to children subject to Interim Care Orders where the placement is required by the court under Section 38(6) Children Act 1989 for the purposes of assessment. |
Social Worker Visits to Looked After Children |
A link has been added to the Leaving Care and Transition chapter in relation to Personal Adviser visits to 'Relevant' or 'Former Relevant' young people. |
Secure Accommodation (Criteria) Reviews |
The requirement for clear separation of reviews (for clarifying whether the criteria for keeping a child in secure accommodation are met, and the child’s looked after review) has been emphasised. Clarifying whether the criteria for keeping a child in secure accommodation are met must come before a LAC review so the decision can inform the LAC review and they must be chaired by different individuals. |
Notifications of Significant Events |
This chapter has been reviewed and updated throughout. |
Education of Looked After and Previously Looked After Children |
This chapter has been updated and revised. It incorporates changes introduced by the Children and Social Work Act 2017 and updated Keeping Children Safe in Education (2018). A new section has been added with regard to Unaccompanied Migrant Children, and the role of the Virtual School Head in relation to Previously Looked After children is emphasised. |
Leaving Care and Transition |
This chapter has been updated to add information with regard to a care leaver's status as a victim of trafficking or UASC when preparing an assessment of need. Section 7, Reviews of Pathway Plans has been amended in relation to Relevant/Former Relevant young people moving to 'unregulated' accommodation. Section 8, Personal Advisers has been amended in relation to frequency of visits by Personal Advisers. |
Assessment and Approval of Foster Carers |
A link was added to Attending and IRM Panel: information sheets. |
Supervision and Support of Foster Carers |
This chapter has been updated to reflect in more detail the foster carer’s role and responsibilities with respect to Fostering National Minimum Standards – Notification of Significant Events and relevant aspects of Schedule 6 The Fostering Services (England) Regulations 2011. |
Review and Termination of Approval of Foster Carers |
A link was added to Attending and IRM Panel: information sheets. |
Assessment and Approvals of Prospective Adopters |
References to the Adoption Register and to Adoption Match have been amended following the Adoption Register suspension and the adoption agency Adoption Match (at the end of March 2019). |
Placement for Adoption |
References to the Adoption Register and to Adoption Match have been amended following the Adoption Register suspension and the adoption agency Adoption Match (at the end of March 2019). |
Access to Birth Records and Adoption Case Records |
A link was added to Attending and IRM Panel: information sheets. |
Applications for Special Guardianship Orders |
This chapter has been updated to reference and reflect the Family Court Justice Interim Guidance on Special Guardianship, Courts and Tribunals Judiciary, (see new section Special Guardianship applications in care proceedings). |
Court Reports in Placement Order Applications and Adoption/Special Guardianship Guidance |
This chapter has been updated to note the Family Court Justice Interim Guidance on Special Guardianship, Courts and Tribunals Judiciary (May 2019). |
New Chapters and Features | |
Chapter Name | Details |
Placing and Visiting Children with Special Educational Needs and Disabilities or Health Conditions in Long-Term Residential Settings |
This chapter reflects statutory guidance in relation to children who are placed by health authorities or local authorities for more than 3 months in residential establishments for educational purposes and children placed in care homes or independent hospitals (including hospices) by health authorities or local authorities (Sections 85 and 86 of the Children Act 1989). |
April 2019
Updated Chapters | |
Chapter Name | Details |
Assessments |
This chapter has been updated to reflect new guidance on assessments in the latest version of Working Together to Safeguard Children. |
Care and Supervision Proceedings and the Public Law Outline |
This chapter has been updated to reflect caselaw guidance regarding the local authority gathering, preserving and disclosing evidence in care proceedings. |
Death or Serious Injury to a Child |
This chapter has been updated to recognise the duty to notify the national Child Safeguarding Practice Review Panel within 5 working days of becoming aware of a serious incident. |
Recording Policy and Guidelines |
This chapter has been updated to reflect caselaw guidance regarding the local authority gathering, preserving and disclosing evidence in care proceedings. |
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities |
This chapter has been updated in line with the Children and Social Work Act 2017 and revised statutory guidance which require schools, through the designated teacher to provide support to previously Looked After Children. |
Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery |
A new Section 6, Suitable Placements has been added. Details of the National Transfer Scheme Protocol for Unaccompanied Asylum Seeking Children Version 2.0 March 2018 have been added into Section 1, Introduction and Definitions. |
Ceasing to Look After a Child |
This chapter has been revised in line with the Children and Social Work Act 2017 and revised statutory guidance. |
Permanence Planning Guidance |
This chapter has been revised in line with the Children and Social Work Act 2017 and revised statutory guidance. |
Remands to Local Authority Accommodation or to Youth Detention Accommodation |
This chapter has a new section on how to request a transfer or placement review. |
Education of Looked After and Previously Looked After Children |
This chapter has been updated to reflect amendments made by the Children and Social Work Act 2017 relating to the status of previously Looked After children. |
Looked After Children and Young People in Contact with Youth Justice Services |
This chapter has a new section on how to request a transfer or placement review. |
Responsibilities of the Local Authority to Former Looked After Children and Young People in Custody |
This chapter has a new section on how to request a transfer or placement review. |
Adoption Support |
This chapter has been updated in line with the Children and Social Work Act 2017 and revised statutory guidance which require schools, through the Designated Teacher for Looked After Children, to offer support to previously looked after children. |
Adoption Reviews |
This chapter has been updated to reflect the status of adopted children as being 'previously looked after' when considering their educational needs. A link to DfE guidance on Promoting the Education of Looked After and Previously Looked After children has also been added. |
Applications for Special Guardianship Orders |
This chapter has been updated in line with the Children and Social Work Act 2017 and revised statutory guidance which require schools, through the designated teacher to provide support to previously Looked After Children. |
New Chapters and Features | |
Chapter Name | Details |
Prevention of Homelessness and Provision of Accommodation for 16 and 17 year olds who may be Homeless and/or require Accommodation; and Duty to Refer |
This chapter has been added to the manual. |
October 2018
Updated Chapters | |
Chapter Name | Details |
Children's Services Policies, Values and Principles |
A new section has been added on Corporate Parenting in response to the DfE Applying Corporate Parenting Principles to Looked-after Children and Care Leavers – Statutory Guidance (Feb 2018). It includes the seven corporate parenting principles set out in the guidance. |
Children's Services Threshold Guidance |
This guidance has been updated and should be re read. |
Assessments |
Section 4, Communication has been updated to include reference to parents with learning disabilities. |
Child in Need Plans and Reviews |
This chapter has been extensively revised with new Section 2, Assessing Children in Need and Section 6, Visits to Children in Need |
Care and Supervision Proceedings and the Public Law Outline |
This chapter has been updated to provide some emphasis on parents who lack capacity and added links to the President of the Family Division, Family Proceedings: Parents with a Learning Disability note, and a relevant link to working with parents who have a learning disability (see Section 2.1, Principles) and Practice Direction 3aa - Vulnerable Persons: Participation in Proceedings and Giving Evidence (see Case management in Section 4, Documentation). |
Death or Serious Injury to a Child |
This chapter has been updated with a link to the updated Need To Know proforma. |
Recording Policy and Guidelines |
This guidance has been reviewed and updated following the introduction of the General Data Protection Regulations (GDPR) and Data Protection Act 2018. |
Case Records and Retention |
Section 1, The Case Record has been updated in line with Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018, which permits the transfer of a copy of the child's case record (or part of that record) to another adoption agency when the local authority considers this to be in the interests of the child. |
Access to Records / Subject Access Request |
This chapter has been updated to reflect the EU General Data Protection Regulations (GDPR) and Data Protection Act 2018. |
Confidentiality Policy |
This guidance has been reviewed and updated following the introduction of the General Data Protection Regulations (GDPR) and Data Protection Act 2018. |
Electronic Recording of Meetings and Conversations |
This guidance has been reviewed and updated following the introduction of the General Data Protection Regulations (GDPR) and Data Protection Act 2018. |
Connected Persons (Family and Friends) Care Policy |
This chapter has been reviewed and updated. |
Relinquished Children |
Section 5, Consent and Competency has been updated to include additional information on parental capacity to consent, in line with High Court case-law. |
Decision to Look After and Care Planning |
Additional information has been added in to Section 1.3, Section 20 Accommodation, in line with recent case-law. |
Permanence Planning Guidance |
Section 5, Assessing and Planning for Permanence, has been updated to reflect the additional 'permanence provisions' of the Care Plan (under s.8 Children and Social Work Act 2017 amends section 31(3B) Children Act 1989) which a court is required to consider when deciding whether to make a Care Order. |
Placements in Secure Accommodation on Welfare Grounds |
This chapter has been updated in to fully reflect the updated guidance 'Secure children's homes: how to place a child aged under 13 (July 2018)'. (See Section 6, Placements of Children Under the Age of 13 Years). |
Social Worker Visits to Looked After Children |
Section 2, Exceptions has been revised in to set out more clearly the circumstances where visiting requirements differ from those set out in Section 1, Normal Frequency. |
Looked After Reviews |
Section 9, The Role of the Looked After Review in Achieving Permanence for the Child has been amended to reflect the outcome of a High Court Judgement in respect of children who were subject to Section 20 and where there were concerns of significant delays in their planning for permanence. The court noted the IROs' recognition and action over a number of reviews but acknowledged that a more robust response had been needed. |
Appointment and Role of Independent Reviewing Officers |
The LADO Referral Form for Allegations against Staff and Volunteers working with children has been updated. |
Contact with Parents/Adults and Siblings |
Section 2, Different Types of Contact has been updated to take account of the use of mobile communication with regards to contact. |
Education of Looked After Children |
Links to Statutory Guidance have been updated. |
Holidays and School Trips In and Outside the UK |
The link to the 'Self help UK, Department of Health, Health Advice for Travellers' has been removed and replaced with a link to the 'European Health Insurance Card'. |
Health Care Assessments and Plans |
A new Section 3.5, Consent to Health Care Assessments has been added. |
Leaving Care and Transition |
This chapter has been updated in to reflect the provisions of the Children & Social Work Act 2017 and 3 new statutory guidance documents which require local authorities to offer Personal Adviser support to all care leavers up to the age of 25. Also, to publish their Local Offer for care leavers; and to have regard to seven 'corporate parenting principles'. It has also been updated to add clarification in relation to the definition of Qualifying Young People, and to reflect the EU General Data Protection Regulations (GDPR) and Data Protection Act 2018. |
Adoption Panel |
This guidance has been reviewed and updated following the introduction of the General Data Protection Regulations (GDPR) and Data Protection Act 2018. |
Inter Country Adoption |
Section 8, Home Study has been updated to include a link to GOV.UK Benefits. |
Adoption Case Records |
Section 3, Security, Retention of and Sharing of Records has been updated in line with Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018, which provides that an adoption agency may disclose an adoption case record to another adoption agency for purposes related to either agency's functions as an adoption agency. Further information has been added in relation to adoption records where an Adoption Order is not made. |
Life Story Books Guidance |
This chapter has been reviewed. |
Later Life Letters |
This chapter has been fully reviewed. |
Applications for Special Guardianship Orders |
This chapter has been updated to reflect the Local Government and Social Care Ombudsman good practice points to follow when working with Special Guardians. A link to the full report 'Firm Foundations: Complaints about Council Support and Advice for Special Guardians (Local Government and Social Care Ombudsman) (May 2018)' has been added into the Relevant National Guidance section of this chapter. |
New Chapters and Features | |
Chapter Name | Details |
Deprivation of Liberty |
A link to this resource has been added. |
A Guide to the Mental Capacity Act |
A link to this resource has been added. |
Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery |
This chapter has been added to the manual and replaces a previous one. |
April 2018
Updated Chapters | |
Chapter Name | Details |
Single Point of Entry (SPOE) |
This link has been updated. |
Contacts and Referrals |
This chapter has been revised to set out in more detail the timetable and partnership requirements associated with effectively managing contacts and referrals. |
Care and Supervision Proceedings and the Public Law Outline |
This chapter has been updated to reflect the 'permanence provisions' of the Care Plan added by s. 8 Children and Social Work Act 2017 (amending section 31(3B) Children Act 1989) which a court is required to consider when deciding whether to make a Care Order. |
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities |
This chapter has had links to DoH guidance and the Young Carers Trust updated. |
Unaccompanied Asylum Seeking Children |
A link to the NRPF guidance on securing British Citizenship for looked after child has been added. |
Decision to Look After and Care Planning |
This chapter has been amended to reflect the additional 'permanence provisions' of the Care Plan (s. 8 Children and Social Work Act 2017 amends section 31(3B) Children Act 1989) which a court is required to consider when deciding whether to make a Care Order. |
Permanence Planning Guidance |
This chapter has also been amended to reflect the additional 'permanence provisions' of the Care Plan. |
Placements with Parents |
This chapter has been updated to reflect that the DBS has no eligibility for a standard or enhanced check for birth parents or other adults living in the household. However, the Local Authority has a requirement under the Care Planning, Placement and Case Review (England Regulations) 2010 to obtain information about unspent convictions and cautions before placing a child back with parents. |
Looked After Reviews |
This chapter has been amended to fully reflect the Volume 2: care planning, placement and case review guidance and regulation with respect to the circumstances as to when a Looked After Review should be brought forward. |
Placement for Adoption |
This chapter has been amended to emphasise 'procedural fairness' as a key aspect of the adoption planning process in respect of ensuring parents are provided with information throughout, including the dates of placement/proposed changes of a child's Status, etc. The section on Planning for Permanence has also been updated to reflect the additional consideration (added by section 9 Children and Social Work Act 2017 amends section 1(4)(f) of the Adoption and Children Act 2002) into the list of considerations that whenever a court or adoption agency is coming to a decision relating to the adoption of a child. |
Fostering for Adoption, Concurrent Planning and Temporary Approval as Foster Carers of Approved Prospective Adopters |
This chapter has been updated to reflect the additional consideration (added by section 9 Children and Social Work Act 2017 into the list of considerations whenever a court or adoption agency is coming to a decision relating to the adoption of a child), of the relationship which the child has with relatives, with any person who is a prospective adopter with whom the child is placed and with any other person in relation to whom the court or agency considers the relationship to be relevant. |
October 2017
Updated Chapters | |
Chapter Name | Details |
Death or Serious Injury to a Child |
This chapter has been updated in line with the requirement to notify Ofsted of any serious childcare incident using the Ofsted online notification form. |
Case Records and Retention |
This chapter has been reviewed to note the Independent Inquiry into Child Sexual Abuse requires all institutions to retain their records relating to the care of children for the duration of the Inquiry (see Section 2, Retention and Confidentiality of Records). |
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities |
This chapter has been updated to reflect the outcome of a court judgement on Ordinary Residence that was included in DoH, Care and support statutory guidance (December 2016). (See Section 12, Funding Issues - Ordinary Residence). A link has been added into Further Information to guidance on SEND: 19- to 25-year-olds' entitlement to EHC plans (DfE 2017) (see Related Guidance). |
Short Breaks |
A link to the Friendship for All project has been added. |
Families with No Recourse to Public Funds |
A link to the NRPF Network has been added. |
Family and Friends Care |
This chapter has been updated with a link to the Initial Family and Friends Care Assessment: A good practice guide. |
Private Fostering |
This chapter has been to add clarity to the definition of private fostering with regards to the legislation and children under 16 who spend more than 2 weeks in residence during holiday time in a school. |
Enfield Young Carers Assessment Process |
This chapter has been updated with additional links to related guidance. |
Decision to Look After and Care Planning |
This chapter has been amended to reflect the outcome of an Appeal Court hearing (2017) with respect to 'consent'. The court recognised that the term 'consent' itself was not used in Section 20. However, it described previous court observations as 'good practice guidance', emphasising its judgment should not alter the content or effect of these (see Section 1.3.1, Obtaining Parental Consent). |
Placements with Parents |
Section 1.2, Assessment and Checks before Placement has been updated to include consideration should be given as to whether the home environment is safe for the child including where relevant, the need for a risk assessment of any pets and the environment in which they are kept. |
Placements with Connected Persons |
Section 3, Approval of Immediate Placements of Looked After Children Connected Persons has been updated to include matters that should be considered when placing a child with a Connected Person should include an initial risk assessment of any pets, together with the environment in which the pet is kept. The Family Rights Group Good Practice Guide to Initial Family and Friends Care Assessment has also been added. |
Placements in Secure Accommodation on Welfare Grounds |
This chapter has been re-wriiten to emphasise the welfare component of the decision making and to distinguish it from Remands to Local Accomodation |
Advocacy and Independent Visitors |
This chapter has been updated to add a link to the Children's Society 'Advocacy services for children and young people – a guide for commissioners'. This guide outlines the legislative requirements of local authorities in the provision of advocacy support to children in need and looked after children. |
Appointment and Role of Independent Reviewing Officers |
This chapter has been updated in relation to the role of the Independent Reviewing Officer in line with the Children Act 1989 guidance and regulations - Volume 2: care planning, placement and case review, June 2015. In particular, the IRO being sensitive to the close and active involvement of parents of a child looked after in a series of Short Breaks and problem-solving where there might be difficulties or issues. |
Social Visits (Including Overnight Stays) |
This chapter has been re-titled (previously called Overnight Stays and Social Visits) and extensively updated. |
Health Care Assessments and Plans |
A link to the NICE Guidance has been added. |
Change of Name of a Looked After Child |
This chapter has been revised. |
Supervision and Support of Foster Carers |
Section 5, Support Provided by the Supervising Social Worker (During Placement) has been updated to reflect that the Safer Caring Plan, any changes in household circumstances along with any health and safety issues including the addition of any new pets and the environment in which they are kept should be reviewed as required. |
Assessment and Approvals of Prospective Adopters |
Section 5.3, Assessment has been updated to include where the applicants have pets, a risk assessment should be conducted and any associated risks should be taken into account with regard to the pet itself and where the pet is kept. Where necessary, an independent assessment should be undertaken by a vet to establish whether the dog falls within the scope of the Dangerous Dogs Act 1991. |
Placement for Adoption |
This chapter has been updated with a link to the Contact After Adoption website. |
Inter Country Adoption |
Section 3, Initial Meeting the DfE have published Intercountry Adoption and Resident Status Requirements which set out the minimum requirements, however entry clearance requirements vary depending upon the circumstances of each case and prospective adopters will need to obtain their own independent legal advice to establish the requirements that apply to their individual circumstances. In Section 4, Formal Approval, a link has been added to Intercountry adoption: means test form which contains information on how to apply for a fee reduction for people who wish to adopt a child from overseas and who earn £45,000 per year or less. In Section 12, After Approval information has been added on the Intercountry Adoption Forms: checklist for adoption which details the paperwork adoption agencies must include in the intercountry adoption applications they submit to DfE. |
Applications for Special Guardianship Orders |
This chapter has been extensively revised and should be re-read. |