LeicestershireChildren and Family Service Procedures Manual

In Section 1, Assessments under the Children Act 1989 a new paragraph has been added reminding social workers of their responsibilities when a child or young person has been assessed as having social care needs in relation to their SEN or disabilities.

This chapter has been updated to reference and note the Family Justice Council: Interim Guidance on Special Guardianship, (Family Justice Council, May 2019). (See Section 1, Introduction).

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?)

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.

This chapter has been reviewed and updated. The requirement for clear separation of reviews (for clarifying whether the criteria for keeping a child in secure accommodation are met, and the child's looked after review) has been emphasised. Clarifying whether the criteria for keeping a child in secure accommodation are met must come before a LAC review so the decision can inform the LAC review and they must be chaired by different individuals.

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 Schools OFSTED's advice that Local Authorities should exercise due diligence in ensuring schools for LAC pupils are registered with the DFE has been added.

A link has been added to Attending an IRM Panel: information sheets. See Section 9, Representations / Independent Review Procedure.

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 (see Section 1, Introduction) and relevant aspects of Schedule 6 The Fostering Services (England) Regulations 2011, (see Section 2, Planned Supervision Visits).

A link has been added to Attending an IRM Panel: information sheets. See Section 6, Representations / Review Procedure.

This chapter has been reviewed and refreshed, and terminology has been updated where required.

A link has been added to Attending an IRM Panel: information sheets. See Section 10, Representations / Independent Review Procedure.

A link has been added to Attending and IRM Panel: information sheets. See Section 3.2, Adoption Orders made on or after 30 December 2005.

This chapter has been updated to reference and reflect the Family Justice Council: Interim Guidance on Special Guardianship (Family Justice Council, May 2019) (see new Section 6.2, Special Guardianship applications in care proceedings).

This chapter has been updated to note the Family Justice Council: Interim Guidance on Special Guardianship, (Family Justice Council, May 2019). See Section 3, Special Guardianship - Matters to be Dealt with in Report for the Court and final paragraphs 11 and 12.

The Relevant Guidance section has been updated to add supporting resources with regard to children's consultation and participation.

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

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.

This chapter has been updated to add local information.

This chapter has been amended to reflect Section 3 of the Care Planning and Care Leavers (Amendment) Regulations 2014. The Care Plan must identify whether there is reason to believe the child has been trafficked or is an unaccompanied asylum seeker (see Section 2.1, The Care Plan - Contents).

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

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

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

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

This chapter has been added to the manual.

This chapter has been updated.

This chapter has been revised to reflect updated guidance on Assessment in Working Together to Safeguard Children.

This chapter has been amended to reflect HHJ Greensmith's comments regarding M and N (Children: Local authority gathering, preserving and disclosing evidence) [2018] EWFC 40 (1 June 2018)). (See Section 9, Good Local Authority Practice During Proceedings). In Related Guidance a link has been added to Research in Practice supporting information and guidance on the Social Work Evidence template (SWET).

This chapter has been amended. From 29 June 2018 local authorities in England must notify the national Child Safeguarding Practice Review Panel within 5 working days of becoming aware of a serious incident.

This chapter has been amended to reflect HHJ Greensmith's comments regarding M and N (Children: Local authority gathering, preserving and disclosing evidence) [2018] EWFC 40 (1 June 2018).

It has also been reviewed and updated following the introduction of the General Data Protection Regulations (GDPR) and Data Protection Act 2018.

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.

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

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

This chapter has been updated in line with the Children and Social Work Act 2017 and revised statutory guidance which require schools, through the designated teacher to provide support to previously Looked After Children.

A previously Looked After Child is one who is no longer looked after in England and Wales because they are  the subject of an Adoption, Special Guardianship or Child Arrangements Order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person, or has been adopted from 'state care' outside England and Wales.

This chapter has been fully revised. It should be re-read throughout.

This chapter has been updated.

Section 5, Consent and Competency has been updated to include additional information on parental capacity to consent, in line with High Court case-law.

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

This chapter has been updated in line with the Children and Social Work Act 2017 and revised statutory guidance.

These changes relate to the status of 'previously Looked After Children'. A previously Looked After Child is one who is no longer looked after in England and Wales because they are the subject of an Adoption, Special Guardianship or Child Arrangements Order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person, or has been adopted from 'state care' outside England and Wales.

Previously Looked After Children are entitled to support from their school through the Designated Teacher (see Section 2.5, Children Who Move into Permanency).

This chapter has been updated in line with the Children and Social Work Act 2017 and revised statutory guidance.

These changes relate to the status of 'previously looked after children'. A previously Looked After Child is one who is no longer looked after in England and Wales because they are the subject of an Adoption, Special Guardianship or Child Arrangements Order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person, or has been adopted from 'state care' outside England and Wales.

Children subject to a Adoption, Special Guardianship or Child Arrangements Order are entitled to support from their school, through the designated teacher.

This chapter has been updated to fully reflect the updated guidance 'Secure children's homes: how to place a child aged under 13 (July 2018)'. (See Section 6, Placements of Children under the age of 13 Years).

This chapter has been updated in relation to placing young people in custody, see Section 2.3, How to Request a Transfer or Placement Review.

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.

This chapter has been updated in relation to placing young people in custody, see Section 7.7, How to Request a Transfer or Placement Review.

This chapter has been updated in relation to placing young people in custody, see Section 3.8, How to Request a Transfer or Placement Review.

This guidance was reviewed and updated following the introduction of the General Data Protection Regulations (GDPR) and Data Protection Act 2018.

This chapter has been updated in line with the Children and Social Work Act 2017 and revised statutory guidance which require schools, through the Designated Teacher for Looked After Children, to offer support to previously looked after children.

A previously looked-after child is one who is no longer looked after in England and Wales because subject of an Adoption, Special Guardianship or Child Arrangements Order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person, or has been adopted from 'state care' outside England and Wales).

In Section 5, The Conduct of Adoption Reviews, bullet point 1.f has been amended to reflect the status of adopted children as being 'previously looked after' when considering their educational needs. A link to DfE guidance on Promoting the Education of Looked After and Previously Looked After children has also been added.

Section 3, Security, Retention and Sharing of Records has been updated in line with Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018, which provides that an adoption agency may disclose an adoption case record to another adoption agency for purposes related to either agency's functions as an adoption agency. Further information has been added in relation to adoption records where an Adoption Order is not made.

This chapter has been fully reviewed.

A new Section 2, Corporate Parenting has been added 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.

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

This chapter has been updated by adding a new Section 12, Children in Need Moving to Another Local Authority - Principles. Information and communication is important between the respective local authorities to ensure appropriate services continue for the child and family and, where relevant, any risk of harm is recognised and identified with the receiving local authority. It should be noted that the responsibility for safeguarding and promoting the welfare of the child lies with the local authority where the child is to be found.

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, Pre-Proceedings) and Practice Direction 3AA - Vulnerable Persons: Participation in Proceedings and Giving Evidence (see Case management in Section 4, Documentation).

This chapter, formerly known as 'Unaccompanied Asylum Seeking Children' has been substantially updated and should be re-read.

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.

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 (see Section 1.2, Assessment and Checks before Placement).

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

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

A new Section 3.5, Consent to Health Care Assessments has been added.

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

Section 8, After the Panel Recommendation has been updated to clarify the decision as to the suitability of the applicant must be made within 7 working days of receipt of the panel's recommendation and final set of panel minutes – The Children Act 1989 Guidance and Regulations - Volume 4: 5.39 and Standard 14 (14.9) Fostering panels and the fostering service's decision-maker.

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

A link to this resource has been added to the manual.

A link to this resource has been added to the manual.

This chapter has been revised to set out in more detail the timetable and partnership requirements associated with effectively managing contacts and referrals.

Section 4.2, Case Analysis has been updated to reflect the 'permanence provisions' of the Care Plan added by s. 8 Children and Social Work Act 2017 (amending section 31(3B) Children Act 1989) which a court is required to consider when deciding whether to make a Care Order.

A link has been added to information from the Project for the Registration of Children as British Citizens in relation to the responsibilities that local authorities have to ensure that children in their care have effective access to specialist legal advice so their citizenship or any entitlement to citizenship is secured.

A link has been added to information from the Project for the Registration of Children as British Citizens in relation to the responsibilities that local authorities have to ensure that children in their care have effective access to specialist legal advice so their citizenship or any entitlement to citizenship is secured.

Section 2.1, The Care Plan – Contents has been amended to reflect the additional 'permanence provisions' of the Care Plan (s.8 Children and Social Work Act 2017 amends section 31(3B) Children Act 1989) which a court is required to consider when deciding whether to make a Care Order.

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.

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. The list is not exhaustive (see Section 2, Frequency of Looked After Reviews).

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

Section 1. Planning for Permanence has been updated to reflect the additional consideration (added by s.9 Children and Social Work Act 2017 amends section 1(4)(f) of the Adoption and Children Act 2002) into the list of considerations that whenever a court or adoption agency is coming to a decision relating to the adoption of a child), of the relationship which the child has with relatives, with any person who is a prospective adopter with whom the child is placed and with any other person in relation to whom the court or agency considers the relationship to be relevant.

This chapter has also been updated to emphasise 'procedural fairness' as a key aspect of the adoption planning process in respect of ensuring parents are provided with information throughout, including the dates of placement/proposed changes of a child's Status, etc. This follows the outcome of a judicial review ([2017] EWHC 1041 (Admin)). (See new Section Section 4.2, Procedural Fairness).

Section 4.1, Duty to Consider Fostering for Adoption Placement has been updated to reflect the additional consideration (added by s.9 Children and Social Work Act 2017 into the list of considerations whenever a court or adoption agency is coming to a decision relating to the adoption of a child), of the relationship which the child has with relatives, with any person who is a prospective adopter with whom the child is placed and with any other person in relation to whom the court or agency considers the relationship to be relevant.

This chapter has been updated in line with the requirement to notify Ofsted of any serious childcare incident using the Ofsted online notification form.

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.

This chapter deals with the Local authorities commitment to the participation of children and young people in decisions about their lives and how this is carried out.

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

This chapter has been updated to reflect the outcome of a judgment following an application to remove a child at birth. The judge highlighted what were thought to be 'good practice steps' to issuing care proceedings in respect of the removal of a child at birth (see Section 3.1, Pre-Birth Planning and Proceedings).

This chapter has been updated to reflect the outcome of a judgment following an application to remove a child at birth. The judge set out what were thought to be 'basic and good practice steps' (see Section 2, Considerations).

A note has been added to Section 2, Retention and Confidentiality of Records with regards to the Independent Inquiry into Child Sexual Abuse (GODDARD INQUIRY/IICSA) - The Chair of the IICSA issued a notice, dated 2nd July 2015, to all local authority chief executives. The scope of this notice is very broad. It requires that all records/information (in any format) relating to child protection, safeguarding and the provision of services to children must be retained, pending the conclusion of this national inquiry. This supersedes all other guidance relating to the retention and destruction of records, and applies to all council records, particularly those relating to Children's Services.

Section 1, Placement Planning Meetings has been updated with regards to the first Placement Planning Meeting in relation to a placement should be held before the placement. Where this is not possible because of the urgency of the situation, It should be held within 5 working days. The Placement Plan must be prepared for the meeting.

Section 4, The Placement has been updated with regards to the first Placement Planning Meeting in relation to a placement should be held before the placement. Where this is not possible because of the urgency of the situation. It should be held within 5 working days. The Placement Plan must be prepared for the meeting.

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

This chapter has been updated to note The Law Society guidance 'Attendance of solicitors at local authority Children Act Meetings' and their Code of Conduct where the child or family who attend reviews are supported by a legal representative (see Section 8, Independent Reviewing Officer's Responsibilities)

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

Section 1, What is a Life Story Book? has been updated with regards to it is good practice that all children who are looked after have a Life Story Book.

This is based on learning from Serious Care Reviews in other LA and this contains a model written agreement which is shown as completed document using fictitious names.

This chapter has been updated in line with the Children and Families Act 2014 and the overall aim of speeding up the adoption process. The chapter has been updated throughout and should be re-read. Information has been added in relation to: 

• Fostering for Adoption (Section 1, Recruitment and Responding to Initial Enquiries and Section 5.4, Foster for Adoption);
• Adoption Register (Section 9, After the Panel Recommendation);
• Duty to provide information on adoption support services (Section 1, Recruitment and Responding to Initial Enquiries and Section 2, Registration of Interest in Adoption);
• Ethnicity (Section 15.3, Ethnicity).

 This new chapter details the Criminal Injuries Compensation Scheme which is a government-funded scheme to compensate victims of violent crime, administered by the Criminal Injuries Compensation Authority (CICA). Where a Looked After child appears to qualify, legal advice must always be sought as to whether or not an application should be made.

These details have been updated.

A link to Early Help Local Information has been added to in the Local Information section.

These details have been updated.

These details have been added to the manual.