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SET Child Protection Procedures - Southend-on
Southend Essex Thurrock CHILD PROTECTION PROCEDURES 2006 CONTENTS 1 2 INTRODUCTION 1 1.1 PURPOSE & SCOPE 1 1.2 STAFF FOR WHOM MANUAL RELEVANT 2 1.3 RELATIONSHIP OF POLICY, PROCEDURES & GUIDANCE 3 Agreed policy Shared beliefs Organisational intentions Commitments 4 4 5 6 1.4 UPDATING PROCEDURES 7 1.5 TERMINOLOGY 7 1.6 HOW TO USE THE MANUAL 8 1.7 PRACTITIONERS’ HANDBOOK 8 AGENCY ROLES & RESPONSIBILITIES 9 2.1 INTRODUCTION 9 2.2 COMMON FEATURES OF ALL AGENCIES 9 2.3 STATUTORY RESPONSIBILITIES 10 Co-operation to improve well being of children Making arrangements to safeguard & promote welfare of children 10 11 ARMED FORCES 12 Within UK Overseas 12 13 2.5 BRITISH TRANSPORT POLICE 14 2.6 CHILDCARE SERVICES 14 Childcare approval scheme 15 2.4 2.7 CHILDREN & FAMILY COURTS ADVISORY & SUPPORT SERVICE (CAFCASS) 16 2.8 CHILDREN’S SERVICES AUTHORITIES 17 Children’s Social Care Children’s Services (Education) Links with Adult Social Care Services Emergency Duty Service 17 18 19 20 SET LSCB PROCEDURES 2006 2.9 COMMISSION FOR SOCIAL CARE INSPECTION (CSCI) 20 2.10 CONNEXIONS 21 2.11 EDUCATION SERVICES 22 Universal responsibilities Governing bodies Maintained schools / FE colleges Proprietors of independent schools 22 24 24 26 2.12 FAITH COMMUNITIES 26 2.13 FIRE & RESCUE AUTHORITY 28 2.14 HEALTH SERVICES 28 General responsibilities Strategic Health Authority (SHA) Primary Care Trust (PCT) NHS & Foundation Trusts Ambulance Trusts, NHS Direct sites & NHS Walk-In Centres GP & Primary Health Care Team Midwife, health visitor & school nurse Mental Health Services Designated & Named Professionals Drug & Alcohol Action Teams (DAATs) 2.15 HOUSING SERVICES Housing authorities & registered social landlords (RSL) RSLs 28 30 30 32 33 33 35 35 38 40 40 40 41 2.16 LEISURE & LIBRARY SERVICES 42 2.17 LICENSING AUTHORITY 43 2.18 NATIONAL OFFENDER MANAGEMENT SERVICE 44 Probation Prisons 44 44 2.19 NATIONAL SOCIETY FOR THE PREVENTION OF CRUELTY TO CHILDREN (NSPCC) 45 2.20 OFFICE FOR STANDARDS IN EDUCATION (OFSTED) 46 2.21 POLICE 47 Child abuse investigation units (CAIUs) Information gathering Notifications to Police 47 47 48 2.22 PRISON SERVICE & HIGH SECURE HOSPITALS 48 2.23 REFUGEE COUNCIL 49 2.24 RSPCA 49 SET LSCB PROCEDURES 2006 2.25 SECURE ESTATE FOR CHILDREN & YOUNG PEOPLE Young Offender Institution (YOI) Secure Training Centres (STCs) 3 51 52 2.26 SPORT 52 2.27 VOLUNTARY AGENCIES / GROUPS 53 2.28 YOUTH OFFENDING TEAM (YOT) 54 2.29 YOUTH SERVICES 54 INFORMATION SHARING & CONFIDENTIALITY 56 3.1 JUSTIFICATION FOR SHARING INFORMATION 56 3.2 RELEVANT LAW & GOVERNMENT REQUIREMENTS 56 Common Law European Convention on Human Rights Data Protection Act 1998 The Caldicott Standards Non statutory government guidance Overall legal & best professional practice 57 58 58 59 60 61 PROFESSIONAL GUIDANCE 61 Doctors Nurses & other health staff Police Education staff Social workers 61 62 62 63 63 PRACTICE REQUIREMENTS FOR INFORMATION TRANSFER 64 Routine ‘checks’ – s.17 & 47 enquiries Recording of information sought & shared Confidentiality of exchanges of information 64 64 65 FREEDOM OF INFORMATION ACT 2000 65 3.3 3.4 3.5 4 50 RECOGNITION & RESPONSE 68 4.1 INTRODUCTION 68 4.2 KEY CONCEPTS 68 Significant harm Abuse & neglect 68 69 CATEGORIES OF ABUSE & NEGLECT 69 Physical abuse Emotional abuse Sexual abuse Neglect 69 70 70 70 4.3 SET LSCB PROCEDURES 2006 4.4 RECOGNISING ABUSE & NEGLECT 71 Recognising physical abuse Recognising emotional abuse Recognising sexual abuse Recognising neglect 71 74 75 75 PROFESSIONAL RESPONSE 76 Being alert to children’s welfare Common Assessment Framework Professional consultation Ensuring immediate safety Listening to the child Parental consultation Duty to refer Making the referral Recording 76 77 77 78 78 79 80 80 81 RESPONSE BY MEMBERS OF THE PUBLIC 82 RECOGNITION OF ADDITIONAL VULNERABILITY 83 5.1 INTRODUCTION 83 5.2 ABUSE OF CHILDREN & INFORMATION COMMUNICATION TECHNOLOGY ICT 83 5.3 BEGGING 84 5.4 BELIEF IN ‘POSSESSION’ OR ‘WITCHCRAFT’ 84 5.5 BULLYING 85 5.6 DISABLED CHILDREN 86 5.7 DOMESTIC VIOLENCE 89 5.8 FORCED MARRIAGE 90 5.9 LIVING AWAY FROM HOME 92 Essential safeguards Looked after children Children placed for adoption Private fostering Foreign exchange visits Children in hospital Children in custody 92 93 93 93 94 94 95 4.5 4.6 5 5.10 MENTAL ILLNESS OF PARENT OR CARER 95 5.11 MIGRANT CHILDREN 97 Child victims of trafficking SET LSCB PROCEDURES 2006 100 5.12 NON COMPLIANCE 103 5.13 PARENTAL CONTROL ISSUES 106 5.14 PARENTAL INVOLVEMENT IN PROSTITUTION 107 5.15 PARENTAL LEARNING DISABILITY 107 5.16 PARENTAL PHYSICAL & SENSORY DISABILITY 110 5.17 PARENTAL SUBSTANCE MISUSE (INC. IN PREGNANCY) 111 Importance of working in partnership During pregnancy Babies displaying withdrawal symptoms / foetal alcohol syndrome 5.18 PRE-BIRTH 113 5.19 RACIAL OR RELIGIOUS HARASSMENT 115 5.20 SELF HARM 116 Definition Recognition Responding to incidents of self harm 6 112 112 113 116 116 117 5.21 SOCIAL EXCLUSION 118 5.22 SURROGACY 119 5.23 TEMPORARY ACCOMMODATION & TRANSIENT LIFESTYLES 119 5.24 YOUNG CARERS 120 Definition Recognition Response 120 120 121 REFERRAL & ASSESSMENT 122 6.1 INTEGRATED CHILDREN’S SYSTEM & ASSESSMENT FRAMEWORK 122 Link with child protection enquiries 123 6.2 REFERRAL & REFERRAL CRITERIA 124 6.3 SCREENING REFERRALS 125 6.4 INITIAL ASSESSMENT 128 6.5 CORE ASSESSMENT 130 SET LSCB PROCEDURES 2006 7 CHILD PROTECTION ENQUIRIES 132 7.1 DUTY TO CONDUCT S.47 ENQUIRIES 132 7.2 S.47 ENQUIRIES & THE ASSESSMENT FRAMEWORK 133 7.3 THRESHOLD FOR S.47 ENQUIRIES 133 7.4 ROLE OF DUTY / ALLOCATED SOCIAL WORKER 134 7.5 SINGLE & JOINT AGENCY INVESTIGATIONS 135 7.6 IMMEDIATE PROTECTION 138 7.7 AGENCY INFORMATION SHARING 139 7.8 STRATEGY DISCUSSIONS 140 7.9 INVOLVING PARENTS, FAMILY MEMBERS & CHILD 144 7.10 MEETING THE CHILD Investigative interviews Inability to access the child 7.11 PAEDIATRIC ASSESSMENT Consent for paediatric assessment Arranging paediatric assessment 147 147 147 148 150 7.12 ANALYSIS & ASSESSMENT OF RISK 152 7.13 OUTCOME OF CHILD PROTECTION ENQUIRIES 152 Record of outcome of enquiries Feedback from enquiries Disputed decisions 8 145 153 153 154 7.14 TIME-SCALES 154 7.15 RECORDING OF S.47 ENQUIRIES 155 CHILD PROTECTION CONFERENCES 156 8.1 INTER-AGENCY COLLABORATION 156 8.2 TYPES OF CHILD PROTECTION CONFERENCES 156 Initial child protection conference Review child protection conference Pre-birth conference Transfer conference 156 157 159 160 MEMBERSHIP OF CHILD PROTECTION CONFERENCE 160 Quorate conferences 162 INVOLVING PARENTS / CARERS AND FAMILY MEMBERS 163 8.3 8.4 SET LSCB PROCEDURES 2006 8.5 INVOLVING CHILDREN 164 8.6 EXCLUSION OF FAMILY MEMBERS FROM A CONFERENCE 167 8.7 INFORMATION FOR CONFERENCE 168 Social work report Information from other agencies 168 169 8.8 CHAIRING OF CONFERENCE 170 8.9 ACTIONS AND DECISIONS OF THE CONFERENCE 171 Threshold for a child protection plan Agreeing a child protection plan Category of abuse or neglect Discontinuing the child protection plan ‘Outline’ child protection plan Child not made subject of a child protection plan 171 172 172 173 174 175 8.10 CHALLENGES BY PROFESSIONALS Dissent from the conference decision Complaint about process 175 175 176 8.11 ADMINISTRATIVE ARRANGEMENTS & RECORD KEEPING FOR CHILD PROTECTION CONFERENCES 176 9 8.12 COMPLAINTS BY SERVICE USERS 178 PLANNING & IMPLEMENTATION 182 9.1 INTRODUCTION 182 9.2 INITIAL CHILD IN NEED PLAN 182 9.3 CHILD IN NEED PLAN 183 9.4 CHILD PROTECTION PLAN 183 Core group Formulation of child protection plan Key worker role Children’s Social Care 1st line manager role Further assessment Intervention Death of child subject to a child protection plan 184 185 189 191 192 192 193 FAMILY GROUP CONFERENCES 193 9.5 SET LSCB PROCEDURES 2006 10 ADDITIONAL PROCEDURES 195 10.1 ABUSE BY CHILDREN 195 10.2 ABUSIVE IMAGES OF CHILDREN & INFORMATION COMMUNICATION TECHNOLOGY (ICT) 201 10.3 CRIMINAL INJURIES COMPENSATION SCHEME 203 10.4 DOMESTIC VIOLENCE 205 Police notification procedure Information sharing Children’s Social Care response 10.5 ENQUIRIES INVOLVING DIPLOMATS FAMILIES Legal position Action by Children’s Social Care & Police 205 206 206 208 208 209 10.6 FABRICATED OR INDUCED ILLNESS 209 10.7 FEMALE GENITAL MUTILATION 218 10.8 FORCED MARRIAGES 221 10.9 HISTORICAL ABUSE ALLEGATIONS 224 10.10 HOSPITAL PRE-DISCHARGE ARRANGEMENTS 225 Child presented at hospital emergency department (ED) Child admitted to hospital 225 225 10.11 INTERPRETERS, SIGNERS & OTHERS WITH SPECIAL COMMUNICATION SKILLS 228 10.12 LOOKED AFTER CHILDREN 231 10.13 MISSING & TRANSIENT CHILD, ADULT OR FAMILY 232 Circumstances for implementation of procedure Agencies to be informed Strategy meeting When child, family or adult found Child indicated by other local authorities to be missing Additional contribution of schools 10.14 ORGANISED & COMPLEX ABUSE Definition General principles Initial strategy discussion / meeting Professionals who need to be informed Strategic management group (SMG) Joint investigation group Crossing geographical & operational boundaries 10.15 PRE-BIRTH PROCEDURES SET LSCB PROCEDURES 2006 232 233 233 235 236 236 237 237 238 238 239 239 241 242 243 10.16 SEXUAL EXPLOITATION Introduction The law Aim of intervention Recognition Response Referral Child protection enquiries Child protection enquiry threshold not reached Looked after children who are sexually exploited 10.17 SEXUALLY ACTIVE CHILDREN Introduction Confidentiality Assessment Consultation & referral Further guidance 10.18 TRAFFICKING Port of entry Children already in country Referral & initial information gathering Action after initial information gathering s.47 enquiry Looked after children Issues for professionals to consider when working with trafficked & exploited children 10.19 UNEXPECTED DEATH OF A CHILD Introduction Scope Principles General advice for all staff Initial multi-agency communication Visit to place of death or collapse Further multi-agency discussion Post mortem Case discussion following preliminary results of post mortem Final case discussion meeting 11 CHILDREN & FAMILIES IN NEED MOVING ACROSS LOCAL AUTHORITY BOUNDARIES 246 246 247 247 248 248 249 250 251 252 254 254 255 258 259 260 261 262 262 262 262 265 265 267 268 268 268 269 269 272 273 274 274 274 275 277 11.1 INTRODUCTION 277 Principles 277 11.2 SCOPE & DEFINITIONS Negotiated alternatives to module 11 procedures 11.3 INDICATORS OF RISK SET LSCB PROCEDURES 2006 278 278 278 11.4 BEST PRACTICE FOR INFORMATION TRANSMISSION 279 11.5 ATTRIBUTION OF CASE RESPONSIBILITY FOLLOWING MOVE 280 Child subject to statutory order in originating authority 280 Child accommodated by originating authority 281 Child subject of child protection plan in originating authority 282 Child (not subject to child protection plan nor looked after) in receipt of services from originating authority 285 11.6 CHILD. 287 11.7 ARRANGEMENTS FOR CHILD PROTECTION ENQUIRIES 289 Attribution of responsibility for enquiries Procedure 11.8 HOSPITAL IN-PATIENTS 289 290 292 12 ALLEGATIONS AGAINST PEOPLE WHO WORK WITH CHILDREN 293 12.1 SCOPE 293 Threshold considerations 294 12.2 ROLES & RESPONSIBILITIES 294 12.3 GENERAL PROCEDURES 295 Principles Confidentiality Support to parents / children Monitoring progress Timescales 12.4 ALLEGATIONS AGAINST STAFF / VOLUNTEERS IN WORK Perspectives Reporting concerns / suspicions / allegations Initial consideration of allegation Managing issues relating to the subject of the allegations Response by Children’s Social Care & Police CAIU Strategy / management planning meeting Conduct of enquiry Action following s.47 enquiry & / or criminal investigation Substantiated allegations: referral to List 99, POCA list, or regulatory body Unsubstantiated allegations Action in respect of unfounded allegations Disciplinary procedures Recording Learning lessons Further guidance SET LSCB PROCEDURES 2006 295 296 296 297 297 297 298 298 299 300 301 302 305 305 306 306 307 307 308 308 308 12.5 ALLEGATIONS AGAINST CARERS: FOSTER / SHORT-BREAK / LODGINGS & APPROVED ADOPTERS 309 12.6 ADDITIONAL CONSIDERATIONS FOR ALLEGATIONS AGAINST CHILD MINDERS 318 13 MANAGEMENT OF THOSE PRESENTING A RISK TO CHILDREN 319 13.1 INTRODUCTION 319 13.2 REGISTER OF SEXUAL OFFENDERS 320 13.3 MULTI-AGENCY PUBLIC PROTECTION ARRANGEMENTS (MAPPA)320 Introduction Requirement for MAPPA Purpose of MAPPA MAPPA levels MAPPA co-ordination Agencies involved in MAPPA Information sharing Referral process Meetings including reviews Referral to the Public Protection Unit Victim protection Strategic Management Board Police National Intelligence Model 13.4 DEVELOPING INTELLIGENCE ABOUT ORGANISED OR PERSISTENT OFFENDERS 320 321 321 321 322 324 325 326 327 329 329 329 330 330 13.5 RELEASE & TEMPORARY RELEASE OF PRISONERS CONVICTED OF OFFENCES AGAINST CHILDREN 330 Release of prisoners convicted of offences against children 330 Temporary release or parole of prisoners convicted of offences against children 331 Assessment of young people accused, finally warned about or convicted of offences against children 331 13.6 IDENTIFIED OFFENDERS & OTHERS WHO MAY POSE A RISK TO CHILDREN 333 Recognition Response Disclosure of information by local authority Risk assessment Disclosure process 13.7 VISIT BY CHILD TO HIGH SECURE HOSPITALS & PRISONS Assessment with respect to high secure hospitals Report Monitoring SET LSCB PROCEDURES 2006 333 333 334 335 336 336 337 338 338 14 STRATEGIC MANAGEMENT 14.1 LOCAL SAFEGUARDING CHILDREN BOARD Introduction Duty to establish LSCB Composition Duty of co-operation Funding Accountability / seniority Chairing Objectives & functions Scope of work Independence Financing & staffing Monitoring & Inspection Ways of working 14.2 NOTIFICATION OF SERIOUS CHILD CARE INCIDENTS Introduction Serious case review (SCR) Death or serious incident in a regulated setting 14.3 CHILD DEATH REVIEWS Overview Panel 14.4 UNALLOCATED CHILD PROTECTION CASES Priority status Safeguards pending allocation 14.5 RESOLUTION OF PROFESSIONAL DISAGREEMENT Dissent at enquiry stage Dissent at / arising from child protection conference Dissent about implementation of the protection plan Where professional differences remain 339 339 339 339 340 341 341 341 342 342 343 345 345 346 347 348 348 349 354 354 355 357 357 357 358 358 359 359 360 14.6 WHISTLE BLOWING 360 14.7 RECRUITMENT, SELECTION, SUPERVISION & TRAINING 360 General recruitment processes Choice of candidate Criminal record checks Induction & review Supervision & support Reporting systems for unsuitable staff 360 361 363 364 365 366 14.8 TRAINING & DEVELOPMENT FOR INTER AGENCY WORK 366 14.9 RECORDING THAT CHILD SUBJECT OF CHILD PROTECTION PLAN 366 GLOSSARY OF TERMS SET LSCB PROCEDURES 2006 369 BIBLIOGRAPHY 372 APPENDIX 1: CONTACT DETAILS 374 APPENDIX 2: PRACTICE GUIDANCE 380 Protocols APPENDIX 3: STATUTORY FRAMEWORK Children Act 2004 Education Act 2002 Children Act 1989 Homelessness Act 2002 15 SUBJECT INDEX SET LSCB PROCEDURES 2006 380 381 381 381 383 385 386 PREFACE Preface All children should be safe and able to develop to their full potential. Though this aspiration can only be fully realised by communities, families and professionals working together, the Children Act 2004 obliges named statutory agencies to co-operate so as to improve the ‘well-being’ of children in their area with respect to their: • Physical and mental health • Protection from harm and neglect • Education, training and recreation • Contribution to society and • Emotional, social and economic well-being Specified agencies are also obliged to make arrangements to ‘safeguard and promote the welfare of children’ by means of direct or indirect service provision and for such arrangements to be effective, they must be understood and implemented consistently across professional and geographical boundaries. We are therefore pleased to be able to welcome and lend support to the introduction of this manual which contains comprehensive multi-agency child protection policies and procedures that are fully compliant with law and best practice. Its development was commissioned jointly by the ‘Area Child Protection Committees’ of Southend, Essex and Thurrock, prior to their transformation into Local Safeguarding Children Boards and offers an example of what can be achieved by a co-operative attitude and determination. Christine Doorly Chair Southend LSCB SET LSCB PROCEDURES 2006 Liz Railton CBE Chair Essex LSCB Mark Gurrey Chair Thurrock LSCB PREFACE Thanks are due to the following members of the steering group who oversaw the manual’s development and to Edina Carmi and Fergus Smith (CAE Ltd) who drafted it. Michael Stephenson – Head of Specialist Resources and Quality Assurance, Southend Borough Council Angela Deary – Safeguarding & Child Protection Co-ordinator - Southend Borough Council Chris Miller – Strategic Leader - Thurrock Children Education & Families Brenda Stannard – Lead Education Officer – Thurrock Children Education & Families Sue Hadley – Head of Child Protection – Essex Children & Young People’s Service Pat Carter – Service Manager CACM Harlow – Essex Children & Young People’s Service Gay Sayles – Service Manager Child Protection Co-ordinator – Essex Children & Young People’s Service Jane Glassfield – DI – Police (representing Essex / Southend / Thurrock) Dr. Kanthini Brodie – Consultant Paediatrician and Named Doctor for Child Protection, Southend University Hospital NHS Foundation Trust Lorry Greenall – Designated Nurse North East Essex Carol White – Designated Nurse South Essex Diana Madden – Allegations Management Adviser – Government Office East of England Alex Bamber – Assistant Chief Officer – National Probation Service (representing Essex / Southend /Thurrock) Amanda Goh – Assistant Lead Officer – Essex Education Safeguarding Team Jacquie Wilkes – ESCB Training & Development Manager Julie Vickers – ESCB / EVAPC Committee Administrator The steering group will continue to keep the document under review so as to take account of changes in legislation, government policy, research findings, and professional experience. Proposals for additions or amendments are welcome and should be directed to [email protected] [email protected] or [email protected] . SET LSCB PROCEDURES 2006 INTRODUCTION 1 INTRODUCTION 1 .1 PURPOSE & SCOPE 1.1.1 Each Children’s Services Authority (CSA) is obliged by s.10 Children Act 2004 to co operate with other specified agencies to improve (with respect to children in its area) their ‘well being’ i.e. to make arrangements relating to those children’s : • Physical and mental health • Protection from harm and neglect • Education, training and recreation • Contribution to society • Emotional, social and economic well being 1.1.2 The primary purpose of this document is to provide explicit instructions for all relevant agencies in work associated with the 2nd of the above 5 outcomes (see also www.everychildmatters.gov.uk for details of the government’s strategy for all children). 1.1.3 The contents of this manual have been developed from, and are consistent with: • Relevant law, regulation and statutory and non statutory government guidance as at 01.04.06 • Information and advice supplied by member agencies of the Area Child Protection Committees - ACPCs (since developed into Local Safeguarding Children Boards - LSCBs) of Southend, Essex and Thurrock • Best practice as agreed by the steering group overseeing the manual’s development 1.1.4 This manual replaces all ACPC / LSCB procedures and protocols dated 2006 or earlier, currently in use. 1.1.5 Provision has been made for supplementary material in: • Appendix 1 which contains details of national and local sources of information or advice • Appendix 2 which signposts readers to relevant local practice guidance that reflects local circumstances or priorities • Appendix 3 that reproduces from Working Together To Safeguard Children HM Government 2006, its summary of law relevant to safeguarding of children SET LSCB PROCEDURES 2006 1 INTRODUCTION 1 .2 STAFF FOR WHOM MANUAL RELEVANT 1.2.1 The contents of this manual must be followed by staff in the following agencies that have responsibilities for children living, or present in Southend, Essex and Thurrock: • Children’s Social Care • Children’s Services (Education) • Adults’ Social Care in work with parents • Maintained and independent schools & FE colleges • Essex Police • All health services • Housing, libraries, youth & leisure services • Probation • Youth offending teams (YOTs) • Early years development child care partnerships (EYDCPs) • Sure Start & Children’s Fund staff • Connexions • Fire & Rescue authority • Ambulance service • Children & Families Courts Advisory & Support Service (CAFCASS) 1.2.2 In addition, when LSCB member agencies commission services from private or voluntary organisations, they should make compliance with this document a contractual requirement. 1.2.3 Whilst compliance with the manual’s expectations cannot be enforced on them, all reasonable efforts should be made to encourage the following individuals and agencies to operate in a manner that is consistent with them: • Elected Members • Commission for Social Care Inspection (CSCI) • Office for Standards in Education (OfSTED) • Crown Prosecution Service (CPS) • Voluntary organisations • Faith groups • Prisons and • Any other relevant agencies or individuals SET LSCB PROCEDURES 2006 2 INTRODUCTION 1 .3 RELATIONSHIP OF POLICY, PROCEDURES & GUIDANCE 1.3.1 It will be helpful for readers to be clear about the definitions of, and differences between: • Policies • Procedures • Guidance Policies 1.3.2 1.3.3 Policy statements set out: • Shared beliefs and • Organisational intentions and commitments Agencies may develop supplementary ‘internal’ policies representing higher standards of practice than required by this document, or which reflect an agency-specific contribution to child protection. Any such supplementary policies should be consistent with those in this manual. Procedures 1.3.4 Procedures indicate what must or may be done in specified circumstances and define the limits of professional discretion. 1.3.5 For staff in those agencies that formally adopt them, these procedures have the status of instructions and any inability or failure to comply with them should be accompanied by an explanation. 1.3.6 Any supplementary internal procedures developed by agencies should also refer to, and be consistent with these procedures. Guidance 1.3.7 Guidance provides contextual information or addresses the question of ‘why’ specified actions may be required. 1.3.8 This manual has included guidance only to the extent that it is required to understand a procedure and facilitate day to day practice. 1.3.9 The inter-relationship of law, policy, guidance and procedures is represented diagrammatically below. SET LSCB PROCEDURES 2006 3 INTRODUCTION LAW & REGULATION STATUTORY GOVERNMENT GUIDANCE LSCB POLICY PROCEDURES GUIDANCE AGREED POLICY 1.3.10 1.3.11 Production of this multi-agency manual reflects a significant consensus about best practice across Southend, Essex and Thurrock and amongst the partner agencies that contribute to the: • Prevention, detection and investigation of abuse or neglect • Risk management of offenders or • Support and treatment of those affected by it The following statements encapsulate those agencies’ shared beliefs, organisational intentions and commitments. SHARED BELIEFS 1.3.12 The welfare of the child is paramount and should underpin all child protection work and resolve any conflicts of interest. 1.3.13 All children deserve the opportunity to achieve their full potential. 1.3.14 All children have the right to be safeguarded from harm and exploitation without regard to: • Race, religion, preferred language or ethnicity • Gender or sexuality • Age • Health or disability • Location or placement • Criminal behaviour • Political or immigration status SET LSCB PROCEDURES 2006 4 INTRODUCTION 1.3.15 Children’s welfare can only be safeguarded and promoted and individuals at risk protected when all relevant agencies and individuals accept their share of responsibility and co-operate with one another. 1.3.16 Statements about or allegations of abuse or neglect made by children must always be taken seriously. 1.3.17 The wishes and feelings of children are vital elements in assessing risk and formulating protection plans, and must always be sought and given weight according to the level of understanding of the child. 1.3.18 During enquiries the involvement and support of those who have parental responsibility for, or regular care of a child, should be encouraged and facilitated, unless doing so compromises that enquiry or the child’s immediate or long term welfare. 1.3.19 Those planning, delivering, monitoring or providing training about child protection services must, in recognition of diversity, and to facilitate social inclusion and equality of potential outcome, take all reasonable steps to support parents and children who have experienced racism and other forms of prejudice. ORGANISATIONAL INTENTIONS 1.3.20 It is the intention of all ‘partner agencies’ to ensure: • Best use of agencies’ resources so as to reduce the frequency and extent to which any child in the relevant areas suffer significant harm as a result of abuse or neglect • A prompt and effective ‘needs-led’ response when it appears that a child may be at risk of abuse or neglect • Agency policies and practices reflect the fact that all children in need of safeguarding or protection are ‘children in need’ and are consequently entitled to family support services • Staff are appropriately trained, managed and supported so as to operate efficiently to agreed procedures • All services are provided in a manner which does not discriminate in any unlawful or unprofessional way and which at organisational and individual levels respects cultural diversity (race, religion, culture, ethnicity, language, gender, sexual orientation, age, health and any disability of child or family), the right to family life of all individuals involved and confidentiality of information generated • Improving effectiveness of inter-agency protection by building into case and service planning the views and experiences of child and adult service users SET LSCB PROCEDURES 2006 5 INTRODUCTION COMMITMENTS 1.3.21 Partner agencies will: • Develop and maintain effective quality assurance systems for monitoring the results of inter-agency and inter-authority child protection co-operation • Develop formal processes for consultation with, and feedback from service users so as to improve the sensitivity and effectiveness of inter-agency work. • Provide effective complaints procedures for aggrieved service users that are objective, reliable and credible • Develop and maintain opportunities for Southend, Essex and Thurrock wide inter-agency and inter-authority discussions about the most effective ways of tackling the challenges of safeguarding and promoting welfare and contributing to children’s well-being • Develop, maintain and promote in appropriate media, information for service users about critical protection policies and procedures • Develop and implement child protection policies and systems which facilitate the achievement of equality of opportunity and outcome for individual children. • Support initiatives which promote awareness of the need to safeguard children • Provide and promote in-house and multi-agency child protection training • Ensure safe recruitment processes • Develop and maintain effective performance management systems • Enable all relevant staff to recognise factors associated with child abuse / neglect e.g. domestic violence • Share all relevant child protection information across agencies • Ensure that help and support is provided to children in accordance with assessed need and that the assessment is reviewed on receipt of further information or in response to altered circumstances • Maximise efforts to prevent abuse or neglect through multiagency public protection arrangements, training and educational programmes as well as individual case management • Ensure regular audits to confirm the above beliefs, commitments and intentions are reflected in the practice of staff in each agency SET LSCB PROCEDURES 2006 6 INTRODUCTION 1 .4 UPDATING PROCEDURES 1.4.1 1 .5 Nominated staff in each agency will be responsible for: • Inserting relevant information in appendices 1 and 2 • Distribution of the procedures to staff and relevant agencies • Forwarding revised electronic versions and overseeing distribution of any hard copies to those on their circulation list • Seeking and collating proposals for amendments and development of the procedures 1.4.2 Urgent amendments that cannot await the next scheduled edition will, following formal agreement by the SET procedures steering group, be circulated via e-mail to nominated individuals in each participating agency and to LSCB chairpersons. 1.4.3 The procedures are scheduled for review at intervals not exceeding 2 years, i.e. edition 2 should be produced in 2008. TERMINOLOGY 1.5.1 A glossary of terms with a technical significance or for which abbreviations may be used is provided at the end of this document. 1.5.2 Readers should note the following terms are used throughout: • Adults’ Social Care to refer to local authority social care services for adults • Child refers to anyone under 18 years old (though the alternative term ‘young person’ appears in some places where this reflects accepted professional practice e.g. teenagers) • Children’s Services (Education) refers to the functional division within Children’s Services providing and co-ordinating educational services for children and young people • Children’s Social Care refers to the functional division within what have traditionally been termed social services which provide support, protection and care services to families and children • Child protection co-ordinator refers to the officer/s in Children’s Social Care who offer ‘off line’ advice to professionals • Child protection manager refers to the person responsible for data management of those subject to a child protection plan • Duty officer describes the departmental point of contact with respect to new referrals, closed or unallocated cases or cover provided for the unavailability of a named member of staff SET LSCB PROCEDURES 2006 7 INTRODUCTION 1 .6 1 .7 • First (1st) line manager describes the team manager responsible for a team of social workers or her/his assistant, or practice manager / supervisor • Identified officer refers to the individual within local authority and Police responsible for the management of allegations against people working with children • Service manager refers to the 2nd line manager to whom a 1st line manager reports (sometimes called operational manager / head of service) • Social worker describes the practitioner with case responsibility (for children subject of a child protection plan, this will be a registered social worker) • Supervising social worker (sometimes called link or family placement worker or fostering officer) describes the practitioner working with foster carers HOW TO USE THE MANUAL 1.6.1 The layout of this document emphasises the shared obligations and expectations of staff, carers and volunteers. Unless otherwise stated, procedures apply to all agencies and individuals cited in module 2. 1.6.2 The manual is essentially a reference document and it is accepted that staff will refer to specific sections rather than read it cover to cover. In consequence a degree of repetition across sections has been allowed. 1.6.3 Relevant staff with the required technology will be able to access a ‘read only’ version and to facilitate ease of use on a computer, hypertext links have been used to link entries in the contents page directly with relevant text. Similarly, readers may move to an identified location via internal cross references to the relevant paragraph number marked in blue as ‘see ??’. 1.6.4 Hard copies of these procedures are being made available as determined by each LSCB. PRACTITIONERS’ HANDBOOK 1.7.1 A pocket sized extract of this manual is being produced and circulated at the same time as these procedures and will: • Summarise the critical parts likely to be required for day to day purposes • Contain only procedures - i.e. no contextual guidance and • Cross refer to this document so as to allow staff to explore further, any given issue SET LSCB PROCEDURES 2006 8 AGENCY ROLES 2 & RESPONSIBILITIES AGENCY ROLES & RESPONSIBILITIES 2 .1 2 .2 INTRODUCTION 2.1.1 An awareness and appreciation of the role of others is essential for effective collaboration between organisations. 2.1.2 Module 2 represents a summary (with additional material) of Working Together to Safeguard Children 2006. Its aims are to: • Emphasise the common obligations of all agencies and relevant professionals • Describe the specific contributions of each to safeguarding and promoting the welfare of children • Inform partner agencies of mutual expectations • Enhance multi-agency work COMMON FEATURES OF ALL AGENCIES 2.2.1 All organisations that work with children need to have in place: • Clear priorities for safeguarding and promoting the welfare of children explicitly stated in strategic policy documents • A clear commitment by senior management to the importance of safeguarding and promoting children’s welfare • A clear line of accountability within the organisation for work on safeguarding and promoting the welfare of children • Recruitment and human resources management procedures that take account of the need to protect children including arrangements for appropriate checks on new staff and volunteers • Procedures for dealing with allegations of abuse against members of staff and volunteers • Arrangements to ensure all staff undertake appropriate training to equip them to carry out their responsibilities effectively, undertake refresher training, and that all staff, including temporary staff and volunteers who work with children, are made aware of the establishment’s arrangements for safeguarding and promoting the welfare of children and their responsibilities for that • Policies for safeguarding and promoting the welfare of children including a child protection policy, and procedures that are in accordance with guidance from the local authority and locally agreed inter-agency procedures • Arrangements to work effectively with other organisations to safeguard and promote the welfare of children, including arrangements for sharing information SET LSCB PROCEDURES 2006 9 & RESPONSIBILITIES AGENCY ROLES 2 .3 • A culture of listening to and engaging in dialogue with childrenseeking their views in ways appropriate to age and understanding, and taking account of these in individual decisions and the establishment or development of services • Appropriate whistle blowing procedures and a culture that enables issues about safeguarding and promoting the welfare of children to be addressed STATUTORY RESPONSIBILITIES 2.3.1 A number of the agencies cited in module 2 have statutory duties either to ‘co-operate to improve the well-being of children’ or to ‘safeguard and promote the welfare of children’. These provide the wider context of requirements and expectations within which their specific contributions to child protection must be made. CO-OPERATION TO IMPROVE WELL BEING OF CHILDREN Well being 2.3.2 The meaning of ‘well being’ is encapsulated in s.10 Children Act 2004 as children’s: • Physical and mental health • Protection from harm and neglect • Education, training and recreation • Contribution to society • Emotional, social and economic well being 2.3.3 Southend, Essex and Thurrock are obliged to make arrangements to ‘promote co operation between the authority and relevant partners’. In turn each relevant partner agency is obliged to co operate with the authority in the making of those arrangements. 2.3.4 The arrangements must cover all those aged less than 18 while s.10 (9) Children Act 2004 allows the possibility of extending arrangements to include all 18 and 19 year olds, those aged 20 and over and leaving care, as well as young people with learning difficulties up the age of 25 (for probation, Police and YOTs, arrangements apply only to the age of 17). Relevant partners 2.3.5 Some relevant partners have the relatively limited duty simply to cooperate with Children’s Services [s.10 (5) Children Act 2004]. 2.3.6 Those that are strategic bodies with a significant impact upon local children as well as responsible for service provision, have additional s.11 duties (see appendix 3 Statutory Framework) to safeguard and promote children’s welfare. SET LSCB PROCEDURES 2006 10 AGENCY ROLES 2.3.7 & RESPONSIBILITIES For the purposes of s.10, the following organisations in the area covered by these procedures are ‘relevant partners’: • Essex Police • District / Borough Councils within the County of Essex • The Probation Board • The Youth Offending Team (YOT) • The Strategic Health Authority (SHA) • Primary Care Trusts (PCTs) • Connexions Service • The Learning and Skills Councils MAKING ARRANGEMENTS TO SAFEGUARD & PROMOTE WELFARE OF CHILDREN Safeguarding & promoting the welfare of children 2.3.8 ‘Safeguarding and promoting the welfare of children’ is defined in Working Together to Safeguard Children 2006 as: • Protecting children from maltreatment • Preventing impairment of children’s health or development • Ensuring that children are growing up in circumstances consistent with the provision of safe and effective care and • Undertaking that role so as to enable those children to have optimum life chances and to enter adulthood successfully Scope of duty 2.3.9 Statutory guidance (Making Arrangements to Safeguard and Promote the Welfare of Children) DfES www.everychildmatters.gov.uk/resources-and-practice?IG0042 makes it clear that safeguarding children is everyone’s responsibility and s.11 Children Act 2004 imposes a duty on the following key persons and bodies: • Children’s Services • District / Borough Councils • Strategic Health Authorities • Special Health Authorities, so far as exercising functions in relation to England, designated by order made by the Secretary of State for the purposes of this section • Primary Care Trusts • NHS Trusts all or most of whose hospitals, establishments and facilities are situated in England • NHS Foundation Trusts • Police Authorities and their chief officers SET LSCB PROCEDURES 2006 11 AGENCY ROLES 2.3.10 2.3.11 2 .4 & RESPONSIBILITIES • British Transport Police Authorities • Local Probation Boards • Youth Offending Teams • Governors of Prison or Secure Training Centres • Individuals to the extent they are providing services under s.114 Learning and Skills Act 2000 i.e. the service currently provided by Connexions The above key agencies or individuals must ensure that: • Their functions are discharged having regard to the need to safeguard and promote the welfare of children and • The services they contract out to others are provided having regard to that need The remainder of this module summarises in alphabetical order, the roles and responsibilities of specified agencies. ARMED FORCES 2.4.1 Under 18 year olds may be in the Armed Forces as recruits or trainees, or may be dependants of a Service family. 2.4.2 The frequency of Armed Services moves makes it essential Service authorities are aware of any concerns regarding safeguarding or promoting the welfare of a child from a military family. 2.4.3 Looking after under 18s in the Armed Forces comes under the Ministry of Defence (MoD) comprehensive welfare arrangements. Armed Services have procedures to help in safeguarding and promoting the welfare of children and must work alongside local Children’s Social Care at child protection conferences (and where there is sufficient presence to justify it) on LSCBs. 2.4.4 Care leavers who join the Armed Forces are entitled to unrestricted access to Children’s Social Care social workers. WITHIN UK 2.4.5 Within the UK, Children’s Social Care has the statutory responsibility for safeguarding and promoting the welfare of the children of Service families. 2.4.6 All 3 Services provide the following professional welfare support including ‘special to type’ social work services to augment those provided by local authorities: • Royal Navy - provided by the Naval Personal and Family Service and Royal Marines Welfare (NPFS/RMW) SET LSCB PROCEDURES 2006 12 AGENCY ROLES & RESPONSIBILITIES • Army - provided by the Army Welfare Service (AWS) • Royal Air Force - by the Soldiers’, Sailors’ and Airmen’s and Families Association-Forces Help (SSAFA-FH) [contact details for all are provided in appendix 1] OVERSEAS 2.4.7 When Service families or civilians working with the Armed Forces are based overseas, the responsibility for safeguarding and promoting the welfare of their children is vested with the MoD, which funds the British Forces Social Work Service (Overseas). 2.4.8 This service is contracted to SSAFA-FH which provides a fully qualified social work and community health service in major overseas locations e.g. Germany and Cyprus. 2.4.9 Instructions for the protection of children overseas, which reflect the principles of the Children Act 2004 and the philosophy of interagency co-operation, are issued by the MoD as a ‘Defence Council Instruction (Joint Service)’ (DCI(JS)). 2.4.10 Larger overseas Commands issue local child protection procedures, hold a Command child protection register and have a Command Safeguarding Children Board which operates in a similar way to the UK in upholding standards and ensuring best practice is reflected in procedures and observed in practice. Movement of children between UK and overseas 2.4.11 Local authorities should ensure that SSAFA-FH, the British Forces Social Work Service (Overseas), or the NPFS for RN families, is made aware of any Service child who is the subject of a child protection plan and whose family is about to move overseas. 2.4.12 The above organisations can confirm that appropriate resources exist in the proposed location to meet identified needs. 2.4.13 Full documentation should be provided which will be forwarded to the relevant overseas Command. All referrals should be made to the Director of Social Work, HQ SSAFA-FH or Area Officer, NPFS (East) as appropriate at the addresses given in appendix 1. 2.4.14 Comprehensive reciprocal arrangements exist for the referral of registered child protection cases to appropriate UK authorities on the temporary or permanent relocation of such children to the UK from overseas. SET LSCB PROCEDURES 2006 13 & RESPONSIBILITIES AGENCY ROLES United States Forces stationed in UK 2.4.15 Each local authority with a US base in its area should establish liaison arrangements with the base commander and relevant staff. 2.4.16 Requirements of English child welfare legislation should be explained clearly, so that local authorities can fulfil statutory duties. Enquiries about children of ex-Service families 2.4.17 2 .5 BRITISH TRANSPORT POLICE 2.5.1 2.5.2 2 .6 Where a local authority believes that a child who is the subject of current child protection processes is from an ex-Service family, NPFS, AWS or SSAFA-FH can be contacted to establish whether there is existing relevant information. Such enquiries should be addressed to NPFS, AWS or the Director of Social Work, SSAFA-FH at the address given at appendix 1. The responsibilities of the British Transport Police (BTP) under s.11 Children Act 2004 (to safeguard and promote the welfare of children) apply specifically to those children who are: • Arrested • Stop checked • Reported • • Charged Runaways (even when returned to home address) • Cautioned • Truants and • Warned • • Detained For any other reason not mentioned above comes to the notice of the BTP • Taken into Police protection • Stop searched In all such cases, the BTP will need to liaise with the local authority in which the child / young person is located as well as the authority in which s/he lives. CHILDCARE SERVICES 2.6.1 ‘Childcare services’ include: • Family and children’s centres • Day nurseries & child minders • Pre-schools & playgroups • Holiday and out of school schemes SET LSCB PROCEDURES 2006 14 AGENCY ROLES & RESPONSIBILITIES 2.6.2 Child minders and everyone working in day care should know how to recognise and respond to the possible abuse or neglect of a child. 2.6.3 Private, voluntary and local authority day care providers caring for children under 8 must be registered by OfSTED and should have a written statement, based on the procedures laid out in the booklet ‘What To Do If You’re Worried A Child Is Being Abused – Summary’. 2.6.4 This statement should clearly set out staff responsibilities for reporting suspected child abuse or neglect in accordance with LSCB procedures and should include: • Contact details for local Police and Children’s Social Care • Procedures to be followed in the event an allegation is made against a member of staff / volunteer (see module 12) 2.6.5 All organisations providing group care must have a designated person responsible for liaison with local child protection agencies and OfSTED and other staff should be able to implement child protection procedures in the absence of that person. 2.6.6 Under Part X of the Children Act 1989, local authorities are required to ensure information and advice about day care and child minding is made available, and training is offered for providers. Local authorities’ training programmes for childcare staff, in private and voluntary as well as in the maintained sector, should include training in child protection procedures. CHILDCARE APPROVAL SCHEME 2.6.7 With effect from 01.04.05, government in England introduced a ‘Childcare Approval Scheme’ to allow those using unregulated childcare to benefit from the childcare element of the tax credits. 2.6.8 To be approved, a person providing home based care or a minder solely looking after children aged 8 or over on domestic premises must: • Be 18 or over • Hold either a childcare qualification or have attended an induction course listed on the DfES website as suitable • Hold a 1st aid certificate suitable to babies and children (including training within 3 years of application, about emergencies, resuscitation, shock, choking and anaphylactic shock) • Complete an enhanced CRB check to show that there is no information that in the opinion of the Approval Body would make them unsuitable to care for children SET LSCB PROCEDURES 2006 15 AGENCY ROLES & RESPONSIBILITIES 2.6.9 The contract to deliver the ‘Childcare Approval Service’ has been awarded by the DfES to Nestor Primecare Services Ltd and further information is available via www.surestart.gov.uk/childcareapproval 2.6.10 It is possible for a parent / employer to check that their carer’s approval is valid via the helpline 0845 7678111 or the above website (the carer’s name and unique approval number and her/his CRB reference will be required). Allegations 2 .7 2.6.11 If an allegation is made that would suggest that a child carer is not suitable to work with children and this is substantiated by initiation of formal s.47 (or OfSTED-led) enquiries, approval will be withdrawn with immediate effect (there is no scope to suspend a child carer during such enquiries). 2.6.12 The Approval Body will notify the Inland Revenue of a decision to withdraw approval and that agency will inform the user family that the carer is no longer approved for tax credit purposes. 2.6.13 If, following enquiries, a child carer is exonerated, s/he can apply for re-approval. 2.6.14 Hence, enquiries by Children’s Social Care with respect to an ‘approved child-carer’ should be conducted in accordance with module 12 and the Approval Body notified at the outset of those enquires and informed of their outcome. CHILDREN & FAMILY COURTS ADVISORY & SUPPORT SERVICE (CAFCASS) 2.7.1 2.7.2 CAFCASS’s functions are to: • Safeguard and promote the welfare of children who are the subject of family proceedings • Give advice to any court about any application made to it in such proceedings • Make provision for children to be represented in such proceedings and • Provide information, advice and other support for children and their families CAFCASS’ officers may be employees or self employed and have distinct roles in private and public law proceedings: • Children’s Guardians - appointed to safeguard the interests of a child who is the subject of specified proceedings under the Children Act 1989 or who is the subject of adoption proceedings SET LSCB PROCEDURES 2006 16 AGENCY ROLES 2 .8 & RESPONSIBILITIES • Parental Order Reporters - appointed to investigate and report to the court on circumstances relevant under the Human Fertilisation and Embryology Act 1990 • Children & Family Reporters who prepare welfare reports for the court in relation to applications under section 8 of the Children Act 1989 (private law proceedings including applications for residence and contact), and increasingly also work with families at the stage of their initial application to the court • CAFCASS Officers can also be appointed to provide support under a Family Assistance Order under the Children Act 1989. (as can local authority officers) 2.7.3 CAFCASS officers have a statutory right in public law cases to access and copy local authority records about the child concerned and any application under the Children Act 1989. That power also extends to other records relating to the child and the wider functions of the local authority or records held by an authorised person i.e. the NSPCC. 2.7.4 Where a CAFCASS officer has been appointed by the court as a children’s guardian and the matter before the court relates to ‘specified proceedings’ (public law proceedings, and applications for contact, residence, specific issue and prohibited steps orders which have become particularly difficult can also be specified proceedings), s/he should always be invited to all formal planning meetings convened by the local authority in respect of the child. 2.7.5 This includes statutory reviews of children who are looked after, child protection conferences and relevant adoption panels. The chair of such forums should ensure all those attending such meetings including the child and any family members understand the role of the CAFCASS Officer. CHILDREN’S SERVICES AUTHORITIES 2.8.1 Southend, Essex and Thurrock are ‘Children’s Services Authorities’ (CSAs) as defined in s.65 Children Act 2004. Though each authority has child protection-related duties under both the Children Acts 1989 and 2004, and the Education Act 2002, for operational purposes, their functions are divided into: • Children’s Social Care and • Children’s Services (Education) CHILDREN’S SOCIAL CARE 2.8.2 Staff who discharge the ‘social care function’ are the principal point of contact for children about whom there are welfare concerns. SET LSCB PROCEDURES 2006 17 AGENCY ROLES & RESPONSIBILITIES 2.8.3 Contact details for the service need to be clearly signposted, including on local authority websites and in telephone directories. 2.8.4 Children’s Social Care should offer the same level of support and advice to independent schools and Further Education (FE) colleges about safeguarding and promoting welfare of pupils and child protection as they do to maintained (State) schools. 2.8.5 It is particularly important social care staff establish channels of communication with local independent schools (including independent special schools), so that children requiring support receive prompt attention and any allegations of abuse can be properly investigated. 2.8.6 Children’s Social Care staff, with the help of other organisations also have a duty to make enquiries if they have reason to suspect that a child in their area is suffering, or likely to suffer significant harm, to enable them to decide whether they should take any action to safeguard or promote her/his welfare. 2.8.7 Where a child is at risk of significant harm, children’s social care staff are responsible for co-ordinating an assessment of the child’s needs, the parents’ capacity to keep the child safe and promote his or her welfare, and of the wider family circumstances. CHILDREN’S SERVICES (EDUCATION) 2.8.8 S.175 Education Act 2002 obliged LEAs (now CSAs) to ‘carry out their functions with a view to safeguarding and promoting the welfare of children’. 2.8.9 Safeguarding Children in Education (DfES September 2004) provides further guidance and makes it clear that there are 2 aspects to safeguarding and promoting the welfare of children: 2.8.10 • Arrangements to take all reasonable measures to ensure that risks of harm to children’s welfare are minimised and • Arrangements to take all appropriate actions to address concerns about the welfare of a child/ren working to agreed local policies and procedures in full partnership with other local agencies Arrangements that CSAs put in place need to provide for both these aspects of safeguarding, and the above guidance identifies the following responsibilities: • Strategic – planning, coordinating delivery of services and allocating resources: working in partnership e.g. Children’s Social Care, health care professionals, YOTs and LSCBs • Support – ensuring maintained schools are aware of their responsibilities for child protection: monitoring performance: making available appropriate training, model policies and SET LSCB PROCEDURES 2006 18 AGENCY ROLES & RESPONSIBILITIES procedures: providing advice and support; and facilitating links and cooperation with other agencies. Authorities will normally extend these functions to any non-maintained special schools in their area; many authorities also provide these services to independent schools and FE institutions • Operational – taking responsibility for safeguarding children excluded from school, or who have not obtained a school place, e.g. those in Pupil Referral Units (PRUs) or being educated by the home tutor service: involvement in dealing with allegations against staff and volunteers; and ensuring arrangements are in place to prevent unsuitable staff and volunteers from working with children Lead officer 2.8.11 Each Children’s Services (Education) should have identified a senior officer for child protection to undertake and manage the provision of the above functions and services (see appendix 2 of DfES/0027/2004 for detail of role). LINKS WITH ADULT SOCIAL CARE SERVICES 2.8.12 Those who work with service users in Adults’ Social Care must consider the implications of service users’ behaviour for the safety and well being of any dependent and/or other children with whom those adults are in contact. 2.8.13 In particular, child protection issues may arise amongst parents, carers or pregnant women who are in receipt of the following services: 2.8.14 2.8.15 • Adult mental health • Substance misuse • Learning disability • Support for victims of domestic violence Adults’ Social Care must establish and maintain systems so that: • Managers working with adults can monitor those cases which involve dependent children • There is regular, formal and recorded consideration of such cases with Children’s (Social Care) staff • Where both Adult and Children’s Services are providing services to a family, staff communicate with each other and agree interventions Adults’ Social Care staff who receive referrals about those who are also parents should consider if there is a need to alert Children’s Social Care to a child who may be ‘in need’ or ‘at risk of significant harm’ (see 4.5 for required responses in either scenario). SET LSCB PROCEDURES 2006 19 AGENCY ROLES 2.8.16 & RESPONSIBILITIES If a child protection response is made (jointly or separately) Children’s Social Care becomes responsible for its co-ordination. EMERGENCY DUTY SERVICE 2.8.17 2.8.18 2 .9 Staff working in out of hours services must distinguish carefully, often with inadequate and/or unreliable information what action is: • Required to ensure a child’s immediate and long term safety • Best left to day time staff Emergency duty service staff should ensure that all relevant information obtained and actions taken out of office hours are transmitted without delay to the relevant sections within Children’s Social Care and other agencies as appropriate. COMMISSION FOR SOCIAL CARE INSPECTION (CSCI) 2.9.1 CSCI has responsibility, with respect to children, for the periodic inspection and (for independent providers, registration also) of: • Local authority fostering services and independent fostering agencies (IFAs) • Local authority and private and voluntary children’s homes (and care homes that provide personal or nursing care or both) • Local authority adoption (and adoption support) services and voluntary agencies adoption (and adoption support) agencies • ‘Qualifying’ boarding / residential special schools and further education colleges with boarding facilities for under 18s (inspection power only) • Residential family centres 2.9.2 CSCI requires such providers to meet national standards with respect to child protection, relevant to the service they offer. 2.9.3 Providers are expected to have knowledge of child protection, including signs and symptoms and what to do if abuse / neglect is suspected. 2.9.4 CSCI must contact Children’s Social Care about any child protection issues and, in consultation with that agency, consider if any action needs to be taken to protect children attending registered provision. 2.9.5 CSCI must be informed when a child protection referral is made to Children’s Social Care about a person who works in any of the services regulated by the Commission. 2.9.6 CSCI should be invited to any strategy or equivalent meetings convened due to concerns or allegations about staff or carers in regulated settings (see module 12). SET LSCB PROCEDURES 2006 20 AGENCY ROLES & RESPONSIBILITIES 2.10 CONNEXIONS 2.10.1 Essex, Southend and Thurrock (EST) Connexions work across the 3 local authority areas with all young people aged 13 – 19 to deliver information, advice and guidance on a wide range of issues to enable them to fulfill their potential and minimise the number who fall into the status of ‘not in education, employment or training’ (NEET). 2.10.2 Connexions (including its subcontractors) are responsible for: 2.10.3 • Identifying, keeping in touch with, and giving necessary support to young people in their geographical area; each young person’s needs are assessed and the support and continuing contact they receive is tailored to their assessed needs; a young person may receive any combination of the following according to their need – information, advice, guidance, counselling, personal development opportunities, referral to specialist services and advocacy to enable them to access opportunities funding or other services; the needs of young people from vulnerable groups such as teenage mothers, care leavers, young people supervised by YOTs, and young people with learning difficulty and/or disability are a particular priority for Connexions partnerships • Identifying young people who may be at risk and in these cases, for alerting the appropriate authority (Connexions staff should be aware of the agencies and contacts to use to refer those at risk and be aware of the services it is reasonable to expect from these organisations) • Minimising risk to the safety of young people on premises for which they or their subcontractors are responsible • Minimising the risk that organisations to which they signpost young people e.g. those providing employment and training opportunities, pose a threat to the moral development, and physical and psychological well being of young people • Ensuring recruitment of all staff (including volunteers and subcontractors) complies with current vetting regulations • Ensuring staff (including sub contractors), are aware of risks to the welfare of young people and can exercise their legal, ethical, operational and professional obligations to safeguard them from these risks (information sharing protocols with other agencies should give the highest priority to safeguarding welfare of young people and staff should comply fully with these agreements) The Connexions partnership should be working closely with other agencies concerned with child safety and welfare to rigorously analyse the nature and distribution of risk within the cohort of young people and to use this information to design services SET LSCB PROCEDURES 2006 21 AGENCY ROLES & RESPONSIBILITIES 2.11 EDUCATION SERVICES UNIVERSAL RESPONSIBILITIES Schools & FE Institutions 2.11.1 Schools (including independent schools and non-maintained special schools) and FE institutions (with respect to those aged less than 18) should safeguard and promote the welfare of their pupils by: • Creating and maintaining a safe learning environment and • Identifying any welfare concerns and taking action to address them, in partnership with other organisations where appropriate 2.11.2 Schools also contribute through the curriculum by developing children’s understanding, awareness, and resilience. 2.11.3 Creating a safe learning environment means having effective arrangements to address a range of issues. Some are subject to statutory requirements, including child protection arrangements, pupil health and safety, and bullying. Others include arrangements for meeting health needs of children with medical conditions, providing first aid, school security, tackling drugs and substance misuse, and having arrangements in place to safeguard and promote the welfare of children on extended vocational placements. 2.11.4 Education staff have a crucial role to play in helping identify welfare concerns, and indicators of possible abuse or neglect, at an early stage: referring those concerns to the appropriate organisation, normally Children’s Social Care colleagues, contributing to the assessment of a child’s needs and where appropriate to ongoing action to meet those needs. 2.11.5 When a child has special educational needs, or is disabled, the school will have important information about the child’s level of understanding and the most effective means of communicating with the child. They will also be well placed to give a view on the impact of treatment or intervention on the child’s care or behaviour. 2.11.6 Education staff who meet them, should also be sensitive to the needs and potential vulnerability of ‘children educated otherwise’ (in accordance with s.7 Education Act 1996 and liaise as required with other agencies (see also 10.13 Missing & Transient Child, Adult or Family). 2.11.7 Staff in schools and FE institutions should not themselves investigate possible abuse or neglect, but have a key role in referring concerns to Children’s Social Care, providing information for Police investigations and for enquiries under s.47 of the Children Act 1989, and in contributing to assessments. SET LSCB PROCEDURES 2006 22 AGENCY ROLES & RESPONSIBILITIES 2.11.8 Where a school age child is subject of an inter-agency child protection plan, the school should be involved in the plan’s preparation, and its role and responsibilities in contributing to actions to safeguard the child, and promote her/his welfare, clearly identified. 2.11.9 Special schools, including non maintained special schools and independent schools, which provide medical and/or nursing care should ensure their medical and nursing staff have appropriate training and access to advice on child protection and safeguarding and promoting the welfare of children. 2.11.10 Schools play an important role in making children and young people aware of behaviour towards them that is not acceptable and how they can help keep themselves safe. The non-statutory framework for Personal, Social and Health Education (PSHE) provides opportunities for children and young people to learn about keeping safe. Pupils should be taught to recognise and manage risks in different situations and then decide how to behave responsibly; to judge what kind of physical contact is acceptable and unacceptable; to recognise when pressure from others (including people they know) threatens their personal safety and well-being and develop effective ways of resisting pressure 2.11.11 PSHE curriculum materials provide resources that enable schools to tackle issues regarding healthy relationships including domestic violence, bullying and abuse. Discussions about personal safety and keeping safe can reinforce the message that any kind of violence is unacceptable; let children and young people know that it is okay to talk about their own problems; and signpost sources of help. Physical force 2.11.12 Corporal punishment is outlawed for all pupils in all schools, including independent schools, and FE institutions. Teachers at a school are though, allowed to use reasonable force to control or restrain pupils under certain circumstances. 2.11.13 Other people may also do so, in the same way as teachers, provided they have been authorised by the head teacher to have control or charge of pupils. All schools should have a policy about the use of force to control or restrain pupils. Further guidance is available at www.dfes.gov.uk/publications/guidanceonthelaw/10_summary.htm 2.11.14 In addition to the duties (described above) that s.175 Education Act imposes upon CSAs, it also places comparable obligations on educational institutions and individuals listed below alphabetically. SET LSCB PROCEDURES 2006 23 AGENCY ROLES & RESPONSIBILITIES GOVERNING BODIES 2.11.15 S.175 (2) and (3) of the Education Act 2002 respectively, impose an obligation on school governors and on governing bodies of FE institutions (corporations) to ensure that they make arrangements for ensuring that their functions relating to the conduct of the school / institution are exercised with a view to safeguarding and promoting the welfare of children / young people receiving education / training. 2.11.16 Governing bodies should ensure that: 2.11.17 • The school or institution has a child protection policy, reviewed annually and referred to in the school / institution’s prospectus, which conforms to Children’s Services and LSCB policy and guidance • The policy includes provision for procedures for recruiting and selecting staff and volunteers and for dealing with allegations of abuse against staff and volunteers • The school / institution has a senior teacher / member of senior management team designated to take lead responsibility for dealing with child protection issues • Members of the governing body / corporation, head teacher , designated teacher / person and all other staff and volunteers who work with children have attended appropriate training to equip them to carry out their responsibilities for child protection effectively and that this is kept up to date • Any deficiencies or weaknesses in regard to child protection arrangements are brought to the attention of the governing body / corporation and are remedied without delay • A member of the governing body / corporation is nominated to be responsible for liaising with the CSA and/or partner agencies, as appropriate in the event of allegations of abuse being made against the head teacher or principal Governing bodies of Non-Maintained Special Schools have very comparable duties by virtue of s.157 of the Education Act 2002. MAINTAINED SCHOOLS / FE COLLEGES 2.11.18 The head teacher or equivalent should ensure that: • A senior person (member of the senior management team in an FE institution) is designated as taking lead responsibility for child protection including liaising with pupils’ social workers, making referrals where appropriate, representing the school / institution in inter-agency working and liaising with parents / carers • Child protection procedures in line with the school / FE institution policy and CSA or LSCB guidelines are in place and followed by all staff and volunteers SET LSCB PROCEDURES 2006 24 AGENCY ROLES & RESPONSIBILITIES • The designated teacher and other staff and volunteers have undertaken up to date and appropriate training to equip them to carry out their responsibilities effectively, including in the case of the designated teacher, training in inter-agency work • Procedures for dealing with allegations of abuse against staff are in accordance with Children’s Services guidelines and all staff and volunteers are aware of them and aware of the boundaries of professional conduct • All staff and volunteers feel able to raise concerns about poor or unsafe practice and such concerns are addressed sensitively and effectively in a timely manner in accordance with agreed whistle blowing policies • Safe recruitment practices that provide for appropriate checks are in place and are followed in respect of all new staff and volunteers who will work with children • Child protection training for all staff is included as a key area in all induction procedures • Arrangements are made, including where necessary the provision of supply cover, to enable the designated teacher and other staff to discharge their responsibilities by taking part in strategy discussions and child protection conferences and contributing to the assessment of children Designated member of staff 2.11.19 The main role of the ‘designated’ member of staff is to refer cases of suspected abuse or allegations to the relevant investigating agencies according to the procedures established by the local LSCB. 2.11.20 To be effective, designated members of staff must: • Have received adequate training about the identification of abuse, a working knowledge of LSCBs and conduct of child protection conferences • Act as a source of advice and support to colleagues • Make themselves (and any deputies) known to staff and ensure they have sufficient training to enable immediate reporting of concerns to the designated teacher • Ensure all staff have access to and understand the school’s / college’s child protection policy • Liaise with the head teacher / equivalent • Ensure the institution’s child protection policy is reviewed annually and updated • Be able to keep detailed accurate secure written records of referrals or concerns SET LSCB PROCEDURES 2006 25 AGENCY ROLES & RESPONSIBILITIES • Ensure parents see copies of the child protection policy which alerts them to the fact that referrals may be made and the role of the school in this to avoid conflict later • Obtain access to resources and attend any relevant or refresher training and be allowed the necessary time to fulfil this role • Ensure that where a child leaves the school roll her/his child protection file is transferred to the new school as soon as possible and is kept separate from the main school file PROPRIETORS OF INDEPENDENT SCHOOLS 2.11.21 Proprietors of independent schools (including Academies and City Technology Colleges) also have a duty to safeguard and promote the welfare of their pupils under s.157 Education Act 2002 and the Education (Independent Schools Standards) Regulations 2003. 2.11.22 Proprietors of independent schools should ensure that: • Their school has a child protection policy that conforms with local guidance, is reviewed annually and is made available on request • A senior teacher / member of staff of the senior management team is designated to take responsibility for dealing with child protection issues • The proprietor, head teacher and designated teacher have attended the necessary training to equip them to carry out their responsibilities for child protection which is kept up to date and high quality training is available for all other staff appropriate to their needs • Any deficiencies or weaknesses are remedied without delay • They have arrangements in place to liaise and work with other agencies over child protection issues in line with policies and procedures • They have safe recruitment procedures in place together with procedures for dealing with allegations of abuse against staff 2.12 FAITH COMMUNITIES 2.12.1 Faith communities have an important role to play in child protection which reflects children’s: • Attendance at religious services and ceremonies • Participation in study groups / lessons • Involvement in crèches • Attendance of youth clubs • Use, either alone or with parent/s of available counselling, mentoring and confessional services • Involvement in groups using faith community premises e.g. halls SET LSCB PROCEDURES 2006 26 AGENCY ROLES & RESPONSIBILITIES 2.12.2 All faith communities should, with support from nominated individuals in the local LSCB, develop and maintain their own child protection procedures, consistent with those in this manual. 2.12.3 Faith communities should ensure that all clergy, staff and volunteers who have regular contact with children: 2.12.4 • Have been checked for suitability in working with children and understand the extent and limits of the volunteers’ role • Are sensitive to the possibility of child abuse and neglect • Have access to training opportunities to promote their knowledge • Know how to report any concerns about possible abuse or neglect • Are vigilant about their own actions so they cannot be misinterpreted Faith communities should have the following arrangements in place: • Procedures for staff and others to report concerns they may have about children they meet, that are consistent with ‘What to Do if You Are Worried A Child Is Being Abused’ and LSCB procedures • Appropriate codes of practice for staff, particularly those working directly with children such as those issued by the Churches’ Child Protection Advisory Service (CCPAS) or their denomination or faith group • Recruitment procedures in accordance with ‘Safe from Harm’ (Home Office 1993) principles and LSCB procedures alongside training and supervision of staff, paid or voluntary 2.12.5 Churches and faith organisations can seek advice on child protection issues from CCPAS which can help with policies and procedures. Its ‘Guidance to Churches’ manual can help with policies and procedures and its ‘Safeguarding Children and Young People’ can assist other places of worship and faith-based groups. 2.12.6 CCPAS provides a national 24 hour telephone help-line for churches, other places of worship and faith-based groups and individuals, providing advice and support on safeguarding issues. 2.12.7 Whenever there is concern that a child has been abused or neglected the concern should be referred, without delay, to the duty social worker for the area in which the child lives. 2.12.8 The duty social worker may also be contacted for consultation. SET LSCB PROCEDURES 2006 27 AGENCY ROLES & RESPONSIBILITIES 2.13 FIRE & RESCUE AUTHORITY 2.13.1 2.13.2 Whilst the Essex Fire & Rescue Authority has no direct duties towards children beyond those owed to the public at large, its policy is that the welfare of the child is paramount and thus: • It is the responsibility of every manager to ensure that all staff for whom they are responsible are aware of and understand the importance of child protection and related procedures and have read the authority’s child protection policy. • All activities that involve working with children will be designed so as to eliminate unnecessary sustained access to children • It is expected staff will act upon any suspected or potential case of abuse, or when it is believed that a child may be at risk of abuse by a member of Fire and Rescue staff, a family member or any other person, including another child The designated persons for child protection in Essex can be contacted 24 hours a day through Service Headquarters, Rayleigh Close, Hutton, Brentwood, Essex CM13 1AL tel: 01277 222531. 2.14 HEALTH SERVICES GENERAL RESPONSIBILITIES 2.14.1 Health professionals have a key role to play in actively promoting the health and well-being of children and ensuring that safeguarding and promoting their welfare forms an integral part of the care offered. 2.14.2 Health professionals who come into contact with children in the course of their work - including when they are not directly responsible for the care of a child - need to be aware of their responsibility to safeguard and promote the welfare of children. In cases of suspected abuse the duty of care that a health professional owes to a child as her/his patient will take precedence over any obligation to the parent who may be suspected of abuse, whether through acts of commission or omission. 2.14.3 Safeguarding children is a theme throughout the National Service Framework (NSF) and one of its 11 standards deals with safeguarding and promoting the welfare of children. 2.14.4 Involvement of health professionals in safeguarding and promoting children’s welfare is important at all stages of work with them and their families: • Recognising children in need of support and/or safeguarding, and parents who may need extra help in bringing up their children, and referral where appropriate SET LSCB PROCEDURES 2006 28 AGENCY ROLES & RESPONSIBILITIES • Contributing to enquiries about a child and family • Assessing the needs of children and the capacity of parents / carers to meet their children’s needs • Planning and providing support to children and families, particularly those who are vulnerable • Participating in child protection conferences, family group conferences and strategy meetings • Planning support for children at risk of significant harm • Providing therapeutic help to abused children and parents under stress e.g. mental health problems • Playing a part, through the child protection plan, in safeguarding children from significant harm and • Providing ongoing preventative support and work with families • Contributing to serious case reviews 2.14.5 The Health and Social Care (Community Health and Standards) Act 2003 includes a duty on each NHS body ‘to put and keep in place arrangements for the purpose of monitoring and improving the quality of health care provided by and for that body’ (s.45) and gave the Secretary of State the power to set out standards to be taken into account by every English NHS body in discharging that duty (s.46). 2.14.6 ‘National Standards, Local Action’ DH 2004 incorporates Standards for Better Health, which describes the level of quality that health care organisations, including NHS Foundation Trusts, and private and voluntary providers of NHS care are expected to meet. It sets out core standards which must be complied with and developmental standards, such as national service frameworks, which the Healthcare Commission will use to assess continuous improvement. 2.14.7 Core standard C2, within the ‘safety’ domain states, ‘health care organisations protect children by following national guidance within their own activities and in dealings with other organisations’. 2.14.8 The NSF for Children, Young People and Maternity Services foreword states government expects health, social and educational services to meet the standards in that document by 2014. 2.14.9 Standard 5 of the NSF is about safeguarding and promoting the welfare of children; but safeguarding and promoting welfare is also an integral part of other standards in the NSF. In discharging their roles and responsibilities, NHS organisations will therefore need to meet core standard C2 and take account of the NSF. 2.14.10 All NHS agencies must ensure they have in place safe recruitment policies and practices, including CRB checks, for all staff, including agency staff, students and volunteers, working with children. SET LSCB PROCEDURES 2006 29 AGENCY ROLES & RESPONSIBILITIES STRATEGIC HEALTH AUTHORITY (SHA) 2.14.11 The SHA is responsible for performance managing and supporting development of PCTs’ arrangements to safeguard and promote the welfare of children and young people. 2.14.12 SHAs will need to manage performance against the core and developmental standards and PCTs’ implementation of child protection serious case review action plans. They will be able to draw on the findings of a number of inspection processes- the Joint Area Review (JAR) undertaken by a number of inspectorates working in partnership, and health improvement reviews and investigations undertaken by the Healthcare Commission. PRIMARY CARE TRUST (PCT) 2.14.13 PCTs are under a duty to take account of the need to safeguard and promote the welfare of children in discharging their functions. They are local health organisations responsible for commissioning and providing some health services in their geographical area. 2.14.14 PCT Chief Executives have responsibility for ensuring that the health contribution to safeguarding and promoting the welfare of children is discharged effectively across the whole local health economy through the PCTs commissioning arrangements. PCTs should work with Children’s Services to commission and provide services which are co-ordinated across agencies and integrated wherever possible. 2.14.15 The PCT’s statutory duties include involvement in, and commitment to, the work of the LSCB including representation on the Board at an appropriate level of seniority. 2.14.16 PCTs are additionally responsible for providing and / or ensuring the availability of advice and support to the LSCB in respect of a range of specialist health functions e.g. primary care, mental health (adult and child and adolescent) and sexual health, and for co-ordinating the health component of case reviews (see module 14.2.5). 2.14.17 The PCT must also ensure that all health agencies with which it has commissioning arrangements have links with a specific LSCB and that agencies work in partnership in accordance with its agreed LSCB annual business plan. This is particularly important where trusts’ boundaries straddle those of LSCBs. This requirement includes Ambulance Trusts and NHS Direct services. 2.14.18 PCTs should ensure all health providers from whom they commission services- both public and independent sector- have comprehensive single and multi-agency policies and procedures to safeguard and promote the welfare of children which are in line with and informed by LSCB procedures, and are easily accessible for staff at all levels within each organisation. SET LSCB PROCEDURES 2006 30 AGENCY ROLES & RESPONSIBILITIES 2.14.19 Each PCT is responsible for identifying a senior paediatrician, and senior nurse to undertake the role of designated professionals for child protection across the health economy and for identifying a named doctor and nurse (or midwife) who will take a professional lead within the PCT on child protection matters (see 2.14.80 below). 2.14.20 PCTs are expected to ensure safeguarding and promoting children’s welfare is integral to clinical governance and audit arrangements and should ensure that all their staff: • Are alert to the need to safeguard and promote children’s welfare • Have knowledge of local procedures and • Know how to contact the named and designated professionals 2.14.21 PCTs should ensure that all health staff have easy access to health professionals trained in examining, identifying and assessing children and young people who may be experiencing abuse or neglect, and that local arrangements include having all the necessary equipment and staff expertise for undertaking forensic medical examinations. Arrangements should be geared towards avoiding repeated examinations. 2.14.22 PCTs are able to jointly commission services with Police and voluntary sector services in Sexual Assault Referral Centres (SARCs) including services for children / young people who are victims of rape or sexual assault. SARCs (where available) provide forensic, medical and counselling services involving specialist health input. 2.14.23 PCT Commissioners are responsible with local authority partners for commissioning integrated services to respond to the assessed needs of children / young people and their families where a child has been or is at risk of being abused or neglected. Service specifications drawn up by PCT commissioners should include clear service standards for safeguarding and promoting the welfare of children, consistent with LSCB procedures. Independent sector 2.14.24 PCTs should ensure, through their contracting arrangements, that independent sector providers deliver services in line with PCTs’ obligations about safeguarding and promoting children’s welfare. 2.14.25 PCTs will need to work with those independent providers to ensure suitable links are made to LSCBs and that the provider is aware of LSCB policies and procedures SET LSCB PROCEDURES 2006 31 AGENCY ROLES & RESPONSIBILITIES NHS & FOUNDATION TRUSTS 2.14.26 NHS Trusts, including mental health and Foundation Trusts, along with other health partners, are responsible for providing health services in hospital and community settings. They have a duty to participate in LSCBs and a duty to make arrangements to ensure that their functions are discharged having regard to the need to safeguard and promote the welfare of children. 2.14.27 All staff should be trained in how to safeguard and promote the welfare of children and to be alert to potential indicators of abuse or neglect in children, and know how to act upon their concerns in line with LSCB procedures. Duty to identify ‘named’ professionals 2.14.28 All NHS and Foundation Trusts should identify a ‘named doctor’ and a ‘named nurse / midwife’ for child protection / safeguarding children (see 2.14.80 below for details of those roles). 2.14.29 All staff should be alert to the possibility of child abuse or neglect, have knowledge of local procedures and know the names and contact details of the relevant named and designated professionals. 2.14.30 In particular, staff working in hospital Emergency Departments (EDs), ambulatory care units, walk in centres and minor injury units should be familiar with local procedures for making enquiries to find out whether a child is subject to a child protection plan. 2.14.31 They should be alert to carers who seek medical care from several sources in order to conceal the repeated nature of a child’s injuries. 2.14.32 Specialist paediatric advice should be available at all times to hospital EDs and all units where children receive care. 2.14.33 If a child/ren from the same household – presents repeatedly, even with slight injuries, in a way which doctors, nurses and other staff find worrying, they should act upon their concerns in accordance with module 4 and ‘What To Do If You’re Worried A Child Is Being Abused’. Children and families should be actively and appropriately involved in this unless this would result in harm to the child. 2.14.34 All visits by children to a hospital ED, ambulatory care unit, walk-in centre or minor injury unit should be notified quickly to the child’s GP and should be recorded in the child’s NHS records. 2.14.35 Where the child is not registered with a GP, the appropriate contact in the PCT should be notified to arrange registration. SET LSCB PROCEDURES 2006 32 AGENCY ROLES & RESPONSIBILITIES 2.14.36 Consent should be sought from a competent child / young person for the health visitor / school nurse / other health professional to be notified, where such professionals have a role in relation to the child. 2.14.37 Overriding refusal to consent should only take place where there is a public interest of sufficient force e.g. a clear risk of significant harm to a child or serious harm to an adult. In such circumstances the reasons for taking such actions should be carefully documented and an explanation given to the child / young person. AMBULANCE TRUSTS, NHS DIRECT SITES & NHS WALK-IN CENTRES 2.14.38 Staff working in these services have access by phone or in person to family homes, or are involved at a time of crisis and may therefore be in a position to identify initial concerns regarding a child’s welfare. 2.14.39 Each of these bodies should have a named professional for child protection (see 2.14.80 for details of that role). 2.14.40 All staff should be aware of the procedures in this manual. GP & PRIMARY HEALTH CARE TEAM 2.14.41 The GP and other members of the primary health care team (PHCT) are well placed to recognise a child is potentially in need of extra help or services to promote health and development, or at risk of harm. 2.14.42 Surgery consultations, home visits, treatment room sessions, child health clinic attendance, and information from PHCT staff e.g. health visitors / midwives / practice nurses may help to build up a picture of the child’s situation and can alert the team if something is amiss. 2.14.43 All PHCT members should know when it is appropriate to refer a child to Children’s Social Care for help as a ‘child in need’, and how to act on concerns that a child may be at risk of significant harm through abuse or neglect. 2.14.44 When other members of the team become concerned about a child’s welfare, action should be taken in accordance with local procedures. In addition, the GP should be informed straightaway. All PHCT members should, in cases where there is any uncertainty know how to contact colleagues with experience in child protection, e.g. named professionals within the PCT or local authority. 2.14.45 The GP and PHCT are also well placed to recognise when a parent / other adult has problems which may affect her/his capacity as a parent / carer or may mean s/he poses a risk of harm to a child. 2.14.46 While GPs have responsibilities to all their patients, the child is particularly vulnerable and the welfare of the child is paramount. SET LSCB PROCEDURES 2006 33 AGENCY ROLES & RESPONSIBILITIES 2.14.47 If the PHCT has concerns that an adult’s illness or behaviour may be causing, or putting a child at risk of significant harm, staff should follow the procedures set out in module 4 of this manual and ‘What to Do If You’re Worried a Child is Being Abused’. 2.14.48 Because of their knowledge of children and families, GPs, together with other PHCT members, have an important role in all stages of child protection processes, from sharing information with Children’s Social Care when enquiries are being made about a child and contributing to assessments, to involvement in a child protection plan to protect a child from harm, as appropriate. 2.14.49 GPs and other PHCT practitioners should make available to child protection conferences relevant information about a child and family, whether or not they – or a member of the PHCT – are able to attend. 2.14.50 GPs should take part in training about safeguarding and promoting the welfare of children and have regular updates as part of their postgraduate educational programme. 2.14.51 As employers, practice owners are responsible for their staff and therefore should ensure that practice nurses, practice managers, receptionists and any other staff whom they employ, are given the opportunities to attend local courses in safeguarding and promoting the welfare of children, or undergo such training within the practice team, including on a whole PHCT joint basis. 2.14.52 PHCTs should have a clear means of identifying in records those children (together with their parents and siblings) who are the subject of a child protection plan. This will enable them to be recognised by the partners of the practice and any other doctor, practice nurse or health visitor who may be involved in the care of those children. There should be good communication between GPs, health visitors, practice nurses and midwives in respect of all children about whom there are concerns. 2.14.53 GPs and other members of the ante-natal service need to be alert to and competent in recognising the risk of harm to the unborn child, and existing children, including domestic violence (it is estimated 33% of domestic violence starts or escalates during pregnancy and this is associated with rises in the rates of miscarriage, foetal death and injury, low birth weight, and prematurity). 2.14.54 Staff should note that vulnerable women are more likely to delay seeking care and to fail to attend clinics regularly. Those who require help should be referred to appropriate support and counselling services, or to the Police as appropriate. 2.14.55 Each GP and member of the PHCT should have access to these procedures. SET LSCB PROCEDURES 2006 34 AGENCY ROLES 2.14.56 & RESPONSIBILITIES PCTs are responsible for planning an integrated GP out-of-hours service in their local area and staff working within it should know how to access advice from designated and named professionals within the PCT, and from these procedures. MIDWIFE, HEALTH VISITOR & SCHOOL NURSE 2.14.57 Nurses work with children and families in a variety of environments and are well placed to recognise when a child is in need of help, services or at potential risk of significant harm. 2.14.58 The primary focus of health visitors’ work with families is health promotion, providing a universal service which, coupled with knowledge of children and families and expertise in assessing and monitoring health and development, means they have an important role to play in all stages of family support and child protection. 2.14.59 Midwives are the primary health professionals likely to be working with and supporting women and their families throughout pregnancy. Other health professionals, including maternity support workers, health visitors and (where applicable) specialist key workers may also be directly engaged in providing support. The close relationship they foster with their clients provides an opportunity to observe attitudes towards a developing baby and identify potential problems during pregnancy, birth and the child’s early care. 2.14.60 All health professionals working with pregnant women should appreciate that vulnerable individuals are more likely to delay seeking care, fail to attend antenatal classes regularly and will tend to deny and minimise abuse. Further guidance is available in ‘Responding to Domestic Violence: A Handbook for Health Professionals’ January 2006. 2.14.61 School nurses have regular contact with children who spend a significant proportion of their time in school. Their skills and knowledge of child health and development mean that, in their work promoting, assessing and monitoring health and development, they have an important role in all stages of child protection processes. 2.14.62 Nurses, midwives and school nurses must be provided with child protection training and have regular updates as part of their post registration educational programme. MENTAL HEALTH SERVICES 2.14.63 Adult mental health services, including forensic services, together with child and adolescent mental health services, have a role to play in assessing the risk posed by perpetrators (adult, child or young person) and in provision of treatment services for perpetrators where appropriate. In particular cases, the expertise of substance misuse and learning disability services will also be required. SET LSCB PROCEDURES 2006 35 AGENCY ROLES & RESPONSIBILITIES Child & Adolescent Mental Health Services (CAMHS) 2.14.64 Standard 9 of the NSF is devoted to the Mental Health and Psychological Well-being of Children and Young People. The importance of effective partnership working is emphasised and is especially applicable to children and young people who have mental health problems as a result of abuse and/or neglect. 2.14.65 In the course of their work, child and adolescent mental health professionals will inevitably identify or suspect instances where a child may have been abused and/or neglected and should follow these procedures. Consultation, supervision and training resources should be available and accessible in each service. 2.14.66 Child and adolescent mental health professionals may have a role in the Initial Assessment process in circumstances in which their specific skills and knowledge are helpful. 2.14.67 Examples include: • Children and young people with severe behavioural and emotional disturbance e.g. eating disorders or self-harming • Families in which there is a perceived high risk of danger • Very young children • Where abused child or abuser has severe communication problems • Situations where parent or carer feigns the symptoms of or deliberately causes ill-health to a child • Where multiple victims are involved 2.14.68 In addition, assessment and treatment services may need to be provided to young mentally disordered offenders. The assessment of children and adults with significant learning difficulties, a disability, or sensory and communication difficulties, may require the expertise of a specialist psychiatrist or clinical psychologist from a learning disability or child mental health service. 2.14.69 Child and adolescent mental health services also have a role in the provision of a range of psychiatric and psychological assessment and treatment services for children and families. Services that may be provided, in liaison with Children’s Services, include provision of court reports and direct work with children, parents and families. Services may be provided within general or specialist multidisciplinary teams. 2.14.70 In addition, consultation and training may be offered to services in the community including, for example Children’s Services, schools, primary health care teams, and nurseries. SET LSCB PROCEDURES 2006 36 AGENCY ROLES & RESPONSIBILITIES Adult Mental Health Services 2.14.71 Adult mental health services, including those providing general adult and community, forensic, psychotherapy, alcohol and substance misuse and learning disability services, have a safeguarding responsibility when they become aware of or identify a child at risk. 2.14.72 This may be as a result of service’s direct work with those who may be mentally ill, a parent, a parent-to-be, or a non-related abuser, or in response to a request for the assessment of an adult perceived to represent a potential or actual risk to a child / young person. 2.14.73 Close collaboration and liaison between adult mental health and children’s welfare services are essential. This may require the sharing of information to safeguard and promote the welfare of children or protect a child from significant harm. 2.14.74 Child and adolescent mental health services can help to facilitate communication between adult mental health services and Children’s Social Care. Dental practitioners 2.14.75 Community dental services are part of many PCTs. Practitioners see vulnerable children within health care settings and at domiciliary visits. They are likely to identify injuries to the head, face, mouth and teeth, as well as potentially identifying other child welfare concerns. 2.14.76 Dental practitioners should therefore be included within all the child protection systems and training within the PCT. 2.14.77 Dentists should: • Possess knowledge and skills to identify concerns about a child’s welfare • Be aware of how to refer to Children’s Social Care • Know the identity of the named professionals within the PCT Other health professions 2.14.78 Many other health professionals help and support the promotion of children’s health and development, and many work with vulnerable families experiencing problems in looking after their children, e.g.: • NHS Direct • NHS dentists • Members of all professions allied to medicine • Pharmacists, optometrists SET LSCB PROCEDURES 2006 37 AGENCY ROLES 2.14.79 & RESPONSIBILITIES All the above should: • Have knowledge of these procedures and how to contact named professionals for advice and support • Receive the training and supervision needed to recognise child welfare concerns • Respond to the identified needs of children DESIGNATED & NAMED PROFESSIONALS Introduction 2.14.80 All PCTs should have a ‘designated’ doctor and nurse to take a strategic, professional lead on all aspects of the health service contribution to child protection across the PCT area, which includes all providers. 2.14.81 All NHS and Foundation Trusts, including PCTs should identify a ‘named doctor’ and a ‘named nurse / midwife’ for child protection / safeguarding children. For NHS Direct and Ambulance Trusts, this should be a named professional. The focus for the named professional role is child protection within her/his own organisation. 2.14.82 Designated and named professional roles should always be explicitly defined in job descriptions and sufficient time and funding should be allowed to fulfil their child protection responsibilities effectively. 2.14.83 For large PCTs and Trusts which may have several sites, a team approach can enhance the ability to provide 24 hour advice and provide mutual support for those carrying out designated and named professional roles. If this approach is taken it is important to ensure that the leadership and accountability arrangements are clear. Designated professionals 2.14.84 Designated professionals provide advice and support to the named professionals in each provider Trust (named professionals have a professional accountability for child protection matters to the appropriate designated professionals in their Provider Trust). 2.14.85 Designated professionals are a vital source of professional advice on child protection matters to other professionals, the PCT and to Children’s Social Care and they should comprise part of the local health service representation on the LSCB. 2.14.86 Designated professionals play an important role in promoting, influencing and developing relevant training (single and inter-agency) to ensure staff training needs are taken account of. They also provide skilled professional involvement in child protection processes in line with these procedures, and in serious case reviews. SET LSCB PROCEDURES 2006 38 AGENCY ROLES 2.14.87 2.14.88 & RESPONSIBILITIES Responsibilities of designated professionals can be summarised as: • Providing a strategic health lead on all aspects of the health service contribution to safeguarding children within the PCT area (including all providers) • Supporting named professionals in meeting child protection specifications • Providing professional advice on child protection matters to the multi-agency network • Representing all health service providers on the LSCB and ensuring that each Trust has a specified link to the LSCB • Monitoring, evaluating and reviewing the health service contribution to the protection of children • Collaborating with the LSCBs in each area and the named professionals in each Trust in reviewing involvement of health services in serious incidents meeting serious case review criteria Being a designated professional does not signify personal responsibility for providing a full clinical service for child protection. This should be subject of separate agreements with relevant Trusts. Named professionals 2.14.89 Named professionals have a key role in promoting good professional practice within the Trust and provide advice and expertise for fellow professionals. They should have specific expertise in children’s health and development, child maltreatment and local arrangements for safeguarding and promoting the welfare of children. 2.14.90 The named professional will usually be responsible for conducting the Trust’s internal case reviews except when they have had personal involvement in the case, when it will be more appropriate for the designated professional to conduct the review. 2.14.91 Responsibilities of named professionals can be summarised as: • Being a source of advice and expertise on all child protection matters to all staff at the point of need • Promoting good practice and effective communication within and between Trusts and all agencies on all child protection matters • Ensuring arrangements are in place for child protection supervision and training of all staff involved in providing services to children and families and adults who are parents or carers and/or who may pose a risk to children • Ensuring child protection is an integral part of the Trust’s risk management strategy and that key staff are aware of the thresholds for triggering child protection enquiries and an assessment of risk SET LSCB PROCEDURES 2006 39 AGENCY ROLES & RESPONSIBILITIES • Conducting the Trust’s internal case reviews • Developing, monitoring and reviewing health service specifications and standards for child protection practice • Ensuring there are effective systems of child protection audit to monitor the application of agreed child protection standards DRUG & ALCOHOL ACTION TEAMS (DAATS) 2.14.92 DAATs are local partnerships responsible for delivering the National Drug Strategy at a local level, with representatives from local authorities (including education, social care, housing), health, Police, probation, the prison service and the voluntary sector. 2.15 HOUSING SERVICES HOUSING AUTHORITIES & REGISTERED SOCIAL LANDLORDS (RSL) 2.15.1 2.15.2 Housing and homelessness staff in local authorities can play an important role in safeguarding and promoting the welfare of children as part of their day to day work by: • Recognising child welfare issues • Sharing information • Making referrals and • Subsequently managing or reducing risks Housing managers, in a local authority or working for a registered social landlord (RSL), and others with a front line role e.g. environmental health officers, also have important roles: • Housing staff, in day to day contact with families and tenants, may become aware of needs or welfare issues which they can tackle directly – e.g. by making repairs or adaptations to homes or by assisting the family access help through other organisations • Housing authorities are key to the assessment of the needs of families with disabled children who may require housing adaptations in order to participate fully in family life and reach their maximum potential • Housing authorities have a front line emergency role for instance managing re-housing or repossession when adults and children become homeless or at risk of homelessness as a result of domestic violence • Housing staff through day to day contact with the public and families may become aware of concerns about the welfare of particular children – also, housing authorities and RSLs may hold important information that could assist Children’s Social Care carry out assessments under s.17 or s.47 Children Act 1989; conversely social care staff and other organisations working with children can have information which will make assessments of SET LSCB PROCEDURES 2006 40 AGENCY ROLES & RESPONSIBILITIES the need for certain types of housing more effective; authorities and RSLs should develop joint protocols to share information with other organisations, e.g. Children’s Social Care or health professionals in appropriate cases • Housing services may enable the development of supported housing schemes e.g. care leavers, mother & baby units and floating support for vulnerable households • The provision of statutory homelessness assistance for 16 & 17 year olds • Environmental health officers inspecting conditions in private rented housing may become aware of conditions that impact adversely on children particularly; under Part 1 of the Housing Act 2004, authorities should take account of the impact of health and safety hazards in housing on vulnerable occupants including children when deciding the action to be taken by landlords to improve conditions RSLS 2.15.3 In many areas, local authorities do not directly own and manage housing, having transferred these responsibilities to 1 or more RSLs. 2.15.4 Housing authorities remain responsible for assessing the needs of families under homelessness legislation and managing nominations to registered social landlords who provide housing in their area. They continue to have an important role in safeguarding children because of their contact with families as part of assessment of need, and because of the influence they have designing and managing prioritisation, assessment and allocation of housing. 2.15.5 RSLs are independent organisations, regulated by the Housing Corporation under its regulatory code and are not public bodies. 2.15.6 RSLs are not under the same duties to safeguard and promote the welfare of children as are local authorities. However the Housing Corporation supports the principle of RSLs working in partnership with a range of organisations to promote social inclusion, and its regulatory code states that housing associations must work with local authorities to enable the latter to fulfil their duties to the vulnerable and those covered by the government’s ‘Supporting People’ policy. 2.15.7 There are a number of RSLs across the county who provide specialist supported housing schemes specifically for: young people at risk; and/or young people leaving care; and pregnant teenagers. These schemes will include 16 and 17 year olds. SET LSCB PROCEDURES 2006 41 AGENCY ROLES & RESPONSIBILITIES 2.16 LEISURE & LIBRARY SERVICES 2.16.1 Sport and cultural services designed for children and families such as libraries, play schemes and play facilities, parks and gardens, sport and leisure centres, events and attractions, theatres / youth theatre, seafront supervision, sports development work, museums and arts centres which are directly provided, purchased or grant aided by local authorities, the commercial sector, and by community and voluntary organisations. Many such activities take place in premises managed by authorities or their agents. 2.16.2 Staff, volunteers and contractors who provide these services will have various degrees of contact with children who use them, and appropriate arrangements need to be in place including: • Procedures for staff and others to report concerns that they may have about the children they meet that are in line with ‘What To Do If You Are Worried A Child Is Being Abused’ and LSCB procedures, as well as arrangements such as those described above; and • Appropriate codes of practice for staff, particularly sports coaches, such as those issued by national governing bodies of sport, the Health and Safety Executive, or the local authority Libraries 2.16.3 Library staff have a great deal of informal contact with children and parents using their services, which provides opportunities for recognising those who are experiencing difficulties. 2.16.4 If young children are left unattended within the library for lengthy periods of time, staff should intervene with parents and inform the Children’s Social Care if concerns are not allayed. 2.16.5 Through the facility for homework helpers and holiday groups, some library staff have direct unsupervised contact with children and all must be familiar and comply with child protection procedures. 2.16.6 Because libraries provide opportunities for anonymous access to the internet, staff must be aware and take reasonable precautions to prevent access to pornography and chat rooms in which children may be drawn into risky relationships. SET LSCB PROCEDURES 2006 42 AGENCY ROLES & RESPONSIBILITIES 2.17 LICENSING AUTHORITY 2.17.1 2.17.2 2.17.3 The Licensing Act 2003 (the Act) modernised the legislation governing the supply of alcohol, provision of regulated entertainment and late night refreshments so that: • A single integrated premises license is now issued • Premises licences are issued by ‘licensing authorities’ • Licensing hours can be de-regulated There are 4 ‘licensing objectives’ contained with the Act: • Prevention of crime and disorder • Public safety • Protection of children from harm • Prevention of public nuisance The Act allows the licensing authority to attach conditions relating to children’s access to reflect the individual nature of each establishment, if relevant representations are made and this is necessary to do so in order to protect children from harm. Where there is no risk of harm, there need be no conditions applied. Responsible Authorities 2.17.4 2.17.5 A number of specified ‘responsible authorities’ must be notified of all license variations and new applications and include: • Police • Fire & Rescue and • A body recognised as being competent to advise on child protection matters Across the areas covered by these procedures, the ‘responsible authorities’ and relevant contact points for applications and correspondence are as follows: • Southend Council: Safeguarding & Child Protection Co-ordinator Department of Children & Learning Southend Borough Council PO Box 59 Queensway House Essex Street, Southend on Sea SS2 5TB • Essex County Council: Head of Child Protection Licensing Applications PO Box 297 Chelmsford Essex CM1 1YS • Thurrock Council: Civic Office New Road Grays RM17 6SL SET LSCB PROCEDURES 2006 43 AGENCY ROLES & RESPONSIBILITIES 2.18 NATIONAL OFFENDER MANAGEMENT SERVICE 2.18.1 Historically distinct prison and Probation Services have been unified to become the ‘National Offender Management Service’. PROBATION 2.18.2 The Probation Service supervises offenders, with the aim of reducing re-offending and protecting the public. 2.18.3 As part of their main responsibility to supervise offenders in the community, offender managers will be in contact with, or supervising, a number who have been identified as presenting a risk, or potential risk to children. They will also supervise offenders who are parents / carers. By working to improve their lifestyles and enabling them to change behaviour, offender managers will safeguard and promote the welfare of children for whom the offenders have a responsibility. 2.18.4 Probation areas also provide a direct service to children by: 2.18.5 • Offering a service to child victims of serious sexual or violent offences • Supervising 16 and 17 year olds on ‘community punishment’ referring to Children’s Social Care when a child/ren is / are at risk of harm from an offender in the family • Seconding staff to join YOTs • Supporting women victims, and indirectly children in the family, of convicted perpetrators of domestic abuse participating in accredited domestic abuse programmes Offender managers should also ensure there is clarity and communication between Multi-Agency Public Protection Arrangements (MAPPA) and other risk management processes e.g. in the case of safeguarding children, procedures (summarised in module 13) covering: • Registered sex offenders • Domestic abuse management meetings • Child protection procedures and • Procedures for the assessment of persons identified as presenting a risk or potential risk to children PRISONS 2.18.6 Governors of prisons (or, in the case of contracted prisons, their directors) also have a duty to make arrangements to ensure that their functions are discharged having regard to the need to safeguard and promote the welfare of children, not least those who have been committed to their custody by the courts. SET LSCB PROCEDURES 2006 44 AGENCY ROLES & RESPONSIBILITIES 2.18.7 In particular Governors / Directors of women’s establishments which have mother and baby units have to ensure that staff working on the units are prioritised for child protection training, and that there is always a member of staff on duty in the unit who is proficient in child protection, health and safety and 1st aid / child resuscitation. 2.18.8 Each baby must have a child care plan setting out how her/his best interests will be maintained and promoted during her/his residence. 2.18.9 Governors / Directors of all prison establishments must have in place arrangements that protect the public from prisoners in their care, including effective processes to ensure prisoners are unable to cause harm to the public and particularly children. 2.18.10 Restrictions should be placed on prisoners’ communications (visits, phone calls and correspondence) proportionate to the risk presented. 2.18.11 All prisoners identified as presenting a risk to children must not be allowed contact with them unless a favourable risk assessment has been undertaken that has taken into account information held by Police, probation, prison and Children’s Social Care. 2.18.12 When seeking the views of parent / person who has parental responsibility, or carer, about contact, it is important the child’s views are sought and (subject to age and understanding) considered. 2.19 NATIONAL SOCIETY FOR THE PREVENTION OF CRUELTY TO CHILDREN (NSPCC) 2.19.1 The NSPCC is a specialist child protection agency which operates help lines and other services throughout England, Wales and Northern Ireland. It is the only voluntary organisation authorised to initiate proceedings under the Children Act 1989. 2.19.2 The NSPCC: 2.19.3 • Operates a national 24 hour child protection line (see appendix 1), which accepts referrals and passes the information to the relevant Children’s Social Care and • Now manages ‘ChildLine’ ( a national service for all children and young people who need advice about abuse, bullying or other concerns) Children’s Services may also commission the NSPCC to undertake specific child protection related work, including s.47 enquiries and, ‘special investigations’ (details in appendix 1). SET LSCB PROCEDURES 2006 45 AGENCY ROLES 2.19.4 & RESPONSIBILITIES The NSPCC also provides services for children and families and has the same responsibilities in this respect as other voluntary agencies (see below). 2.20 OFFICE FOR STANDARDS IN EDUCATION (OFSTED) 2.20.1 Registered child minders and group day care providers must satisfy explicit criteria in order to meet the national standard with respect to child protection (standard 13). Ensuring that they do so is the responsibility of the early years directorate of OfSTED. 2.20.2 OfSTED requires that: 2.20.3 • All child minders and group day care staff have knowledge of child protection, including the signs and symptoms of abuse and what to do if abuse or neglect is suspected • Those who are entrusted with the day care of children or who child mind have the personal capacity and skills to ensure children are looked after in a nurturing and safe manner OfSTED will seek to ensure that day care providers: • Ensure the environment in which children are cared for is safe • Have child protection training policies and procedures in place, which are consistent with these procedures • Are able to demonstrate that their procedures have been followed when an allegation is made 2.20.4 OfSTED must contact the relevant Children’s Social Care about any child protection issues and, in consultation with that agency, consider whether any action needs to be taken to protect children attending the provision. 2.20.5 OfSTED must be informed when a child protection referral is made to Children’s Social Care about: • A person who works as a child minder or • A person who works in day care for children or • Any service regulated by OfSTED’s early years directorate 2.20.6 OfSTED must be invited to any strategy meeting where an allegation might have implications for other users of the day care service and/or the registration of the provider (see module 12). 2.20.7 OfSTED must seek to cancel registration if children are at risk of significant harm by being looked after in childminding or group day care settings. 2.20.8 Where warranted, OfSTED will bring civil proceedings or criminal proceedings against registered or unregistered day care providers. SET LSCB PROCEDURES 2006 46 AGENCY ROLES & RESPONSIBILITIES 2.21 POLICE 2.21.1 The main roles of the Police are to uphold the law, prevent crime and disorder and protect the citizen. CHILD ABUSE INVESTIGATION UNITS (CAIUS) 2.21.2 All Forces have CAIUs, and despite variations in structures and staffing, they will normally take primary responsibility for investigating child abuse cases. 2.21.3 All CAIUs have IT capacity under the national IMPACT Nominal Index (INI) to quality check which Forces (broadly UK wide) hold information on a particular individual. The INI’s capacity draws data from a number of Police databases including child protection, domestic violence, crime, custody and intelligence. 2.21.4 ‘Investigating Child Abuse and Safeguarding Children’ was published by the Association of Chief Police Officers (ACPO) in 2005, and sets out the suggested investigative doctrine, and terms of reference, for such units. 2.21.5 In Essex, the CAIU’s terms of reference are to investigate possible offences which occur: • Within the family or extended family • In respect of a child being cared for by any person (voluntary or professional) entrusted with her/his care at the time of an alleged offence • Where the victim is an adult but the abuse occurred whilst s/he was a child and either of the above circumstances 2.21.6 Safeguarding children is not solely the role of CAIU officers, it is a fundamental part of the duties of all officers, reflecting the Children Act 2004 duty on the Force to ‘safeguard and promote the welfare of children’. 2.21.7 Officers engaged in, e.g. crime and disorder reduction partnerships, drug action teams etc. must keep in mind the needs of children in their area and patrol officers attending domestic violence incidents, should be aware of the effect of such violence on any children normally resident within the household. INFORMATION GATHERING 2.21.8 The Police hold important information about children who may be at risk of harm as well as those who cause such harm and should share this information and intelligence with other organisations where this is necessary to protect children. SET LSCB PROCEDURES 2006 47 AGENCY ROLES & RESPONSIBILITIES 2.21.9 The above requirement includes a responsibility to ensure that those officers representing the Force at a child protection conference are fully informed about the case as well as being experienced in risk assessment and the decision-making process. Similarly, they can expect other organisations to share with them information and intelligence they hold to enable the Police to carry out their duties. 2.21.10 Police are responsible for evidence gathering in criminal investigations. This task can be carried out in conjunction with other agencies but Police are ultimately accountable for the product of criminal enquiries. 2.21.11 Any evidence gathered may be of use to local authority solicitors who are preparing for civil proceedings to protect the victim. The Crown Prosecution Service (CPS) should be consulted, but evidence will normally be shared if it is in the best interests of the child. NOTIFICATIONS TO POLICE 2.21.12 The Police should be notified as soon as possible where a criminal offence has been committed, or is suspected of having been committed, against a child. 2.21.13 Receipt of such notification does not mean that in all such cases a full investigation will be required, or that there will necessarily be any further Police involvement. It is important that Police retain the opportunity to be informed and consulted, to ensure all relevant information can be taken into account before a final decision is made. 2.21.14 LSCBs should have in place a protocol agreed between the local authority and the Police, to guide both organisations in deciding how child protection enquiries should be conducted and, in particular, the circumstances in which joint enquiries are appropriate (see 7.5). 2.21.15 In addition to their duty to investigate criminal offences the Police have emergency powers to enter premises and ensure the immediate protection of children believed to be suffering from, or at risk of, significant harm. Such powers should be used only when necessary, the principle being that wherever possible the decision to remove a child from a parent or carer should be made by a court. Home Office Circular 44/2003 gives detailed guidance on this. 2.22 PRISON SERVICE & HIGH SECURE HOSPITALS 2.22.1 When there are plans to release a prisoner convicted of an offence against children, prisons are required to notify Children’s Social Care and Probation in the area in which the offender intends to be resettled on release. This notification enables enquiries to be made regarding potential risk posed to children. SET LSCB PROCEDURES 2006 48 AGENCY ROLES & RESPONSIBILITIES 2.22.2 High secure hospitals have a duty to implement child protection policies, liaise with the relevant LSCB, provide safe venues for children’s visits and provide nominated officers to oversee the assessment of whether visits by specific children would be in their best interests (Directions and Associated Guidance to Ashworth, Broadmoor and Rampton hospitals). 2.22.3 Children’s Social Care may assist by assessing if it is in the best interests for a particular child in need / at risk to visit a named patient (see 13.7). 2.22.4 Many prisons now operate a similar system in relation to sex offenders and other dangerous offenders 2.23 REFUGEE COUNCIL 2.23.1 The Refugee Council assists families into the National Asylum Support Service (NASS) through the provision of advice about available options and help with paperwork. 2.23.2 Unaccompanied asylum seeking children are provided with support and advice through the Refugee Council’s Children’s Panel. 2.23.3 The Refugee Council has its own child protection policy and procedures and all staff receive basic induction training, with further input for those directly working with children. 2.23.4 If a child is identified as in need of support or in need of protection a referral will be made to relevant Children’s Social Care. 2.24 RSPCA 2.24.1 In the light of increased awareness of the possible links between child abuse and neglect and animal cruelty, the RSPCA introduced written reporting procedures in November 2001. 2.24.2 A protocol agreed with the RSPCA includes reciprocal reporting by Children’s Social Care of animal welfare issues. 2.24.3 If an RSPCA inspector notices anything which s/he considers to be child abuse or a concern about the welfare of a child, as described in module 4, s/he should report it to Police or Children’s Social Care as outlined below. Emergency 2.24.4 In an emergency, the RSPCA inspector should report the concerns directly to the Police using the ‘999’ system. SET LSCB PROCEDURES 2006 49 AGENCY ROLES 2.24.5 & RESPONSIBILITIES The inspector should record the information in their pocket book and pass it to the chief inspector. Form A (RSPCA referral form to social work services) is completed and faxed to the child protection unit, marked ‘POLICE DEALT’ from where it is passed to the local social work services for appropriate action. Non-emergency 2.24.6 The RSPCA inspector should note the concerns in her/his pocket book and pass the information orally to the chief inspector, or in their absence the deputy chief inspector. 2.24.7 The information is to be recorded on ‘form A’ and submitted to the chief inspector as soon as possible, within 3 working days. 2.24.8 The referral is then sent to the child protection unit, who will ensure that it is passed to the local office for appropriate action. Reciprocal reporting on animal welfare concerns 2.24.9 Where Children’s Social Care staff have concerns about the welfare of an animal, they should report them to the RSPCA by completing ‘form B’, (‘social work services’ referral form to RSPCA). 2.24.10 Once completed the form should be sent to the child protection investigation unit who will forward it to the relevant RSPCA chief inspector for appropriate action. 2.25 SECURE ESTATE FOR CHILDREN & YOUNG PEOPLE Responsibility for children in custody 2.25.1 Children’s Services has the same responsibilities towards children in custody as it does towards other children in the authority area. 2.25.2 Local Authority Circular (LAC) 2004(26) sets out local authorities’ responsibilities to children in custody. It can be found at: www.dh.gov.uk/publicationsandstatistics/lettersandcirculars/localauth oritycirculars/alllocalauthoritycirculars/localauthoritycircularsarticle 2.25.3 The Youth Justice Board for England and Wales (YJB) has statutory responsibility for commissioning all secure accommodation for children and for setting standards for the delivery of those services. 2.25.4 The ‘secure estate’ comprises Prison Service accommodation for juveniles – Juvenile YOIs, Secure Training Centres, and Secure Children’s Homes provided by local authorities (LASCHs). SET LSCB PROCEDURES 2006 50 AGENCY ROLES & RESPONSIBILITIES YOUNG OFFENDER INSTITUTION (YOI) 2.25.5 2.25.6 Governors / Directors of these establishments are required to have regard to policies, agreed by Prison Service and YJB for safeguarding and promoting welfare of children held in custody. These are published in Prison Order 4950 (‘Juvenile Regimes’) and arrangements prescribed for juvenile establishments include: • A senior staff member known as the ‘Child Protection Coordinator’ or ‘Safeguards Manager’ responsible to the Governor / Director for child protection and safeguarding; a child protection committee whose membership includes a senior manager as chair, multi-disciplinary staff and an LSCB representative who could be a member of the LSCB i.e. someone from another organisation or an LSCB employee • A local, establishment-specific child protection and safeguarding policy, agreed with the LSCB, which has regard to the Prison Service’s / YJB’s overarching policy and which includes procedures for dealing with incidents or disclosures of child abuse or neglect before or during custody • Suicide and self-harm prevention and anti-bullying strategies • Procedures for dealing proactively, rigorously, fairly and promptly with complaints / formal requests, complemented by an advocacy service • Specialised training for all staff working with children, together with selection, recruitment and vetting procedures to ensure that new staff may work safely and competently with them • Action to manage and develop effective working partnerships with other organisations, including voluntary and community organisations, that can strengthen the support provided to the young person and her/his family during custody and on release • An Initial Assessment on reception into custody to identify needs, abilities and aptitudes of the young person and the formulation of a sentence plan (including an individual learning plan) designed to address them, followed by regular sentence plan reviews • Provision of education, training and personal development in line with the YJB’s National Specification for Learning & Skills and the young person’s identified needs • Action to encourage the young person and family to take an active role in preparation and subsequent reviews of the sentence plan, so they can contribute to and influence, what happens to the young person in custody and on release Similar measures should apply to children in other custodial settings e.g. those in adult prisons settings or immigration detention centres. SET LSCB PROCEDURES 2006 51 AGENCY ROLES & RESPONSIBILITIES SECURE TRAINING CENTRES (STCs) 2.25.7 STCs are purpose built secure accommodation units for vulnerable, sentenced and remanded juveniles, both male and female, who are between 12 and 17 years old. 2.25.8 The regime is focused on child-care and considerable time and effort is spent on individual needs so that on release young people are able to make better life choices. 2.25.9 Each STC has a duty to protect and promote the welfare of those children in its custody. Directors must ensure effective safeguarding policies and procedures are in place that explain staff responsibilities in relation to safeguarding and welfare promotion. These arrangements must be established in consultation with the LSCB. 2.26 SPORT 2.26.1 Many children regularly attend sports clubs and all such organisations should have their own child protection procedures and training for relevant staff and volunteers. 2.26.2 Sports organisations can also seek advice on child protection issues from the Child Protection in Sport Unit (CPSU) which has been established as a partnership between the NSPCC and Sport England. CPSU / NSPCC provide advice and assistance on developing codes of practice and child protection procedures to sporting organisations. 2.26.3 In partnership with Ladbrokes, the NSPCC has issued a free leaflet and checklist of questions (Have Fun Be Safe) that parents and carers should be requesting from organisations offering sports activities for children (available from NSPCC and Ladbrokes shops). 2.26.4 The Football Association (FA) for example has its own child protection policy and procedures and provides mandatory training for coaches, referees and volunteers involved in local football clubs. 2.26.5 The child protection procedures instruct individuals to seek advice or make referrals to the NSPCC help-line, Children’s Social Care or the Police. 2.26.6 Where suspected abuse occurs within a football setting, the FA Head of Education & Child Protection should be informed of the concerns and will provide information for any relevant child protection enquiries and strategy discussions. SET LSCB PROCEDURES 2006 52 AGENCY ROLES & RESPONSIBILITIES 2.27 VOLUNTARY AGENCIES / GROUPS 2.27.1 Voluntary agencies and groups play an important role in delivering services for children and young people including in early years and day care provision, family support services, youth work and children’s social care and health care. 2.27.2 Voluntary organisations also deliver advocacy for looked-after children and young people and for parents and children who are the subject of s.47 enquiries and child protection conferences and often play a key role in delivering child protection plans. 2.27.3 All voluntary agencies and groups should be encouraged and supported (and those undertaking formally contracted work required) to develop protection procedures consistent with this manual. 2.27.4 All agencies / groups should ensure that all staff and volunteers: 2.27.5 2.27.6 • Have been checked for suitability (see 14.7) for working with children and understand the extent and limits of the volunteers’ role • Are sensitive to the possibility of child abuse and neglect in all environments in which they have responsibility for children • Have access to training opportunities to promote their knowledge • Know how to report any concerns they have about possible abuse or neglect • Are vigilant about their own actions so they cannot be misinterpreted The agency / group should: • Have guidelines about the care of children in the absence of parents, which respect the rights of the child and the responsibilities of the adults towards them • Have guidelines about safe caring practices e.g. not being alone with children without alerting others to the reason, ensuring all allegations, however minor, are reported to the agency/ group manager / leader • Nominate a senior member of staff to take responsibility for drawing up and maintaining policy for child protection • Promote and maintain links with local statutory agencies in relation to both general and specific child protection matters Paid and volunteer staff can gain a general awareness of their responsibilities for safeguarding and promoting the welfare of children and how they should respond to child protection concerns by familiarising themselves with ‘What To Do If You’re Worried A Child Is Being Abused’. SET LSCB PROCEDURES 2006 53 AGENCY ROLES & RESPONSIBILITIES 2.27.7 Staff in voluntary groups may find it useful to refer to the ‘Guide to Developing a Child Protection Policy & Practice Guidance for Private & Voluntary Organisations’. 2.27.8 Whenever there is concern that a child has been abused or neglected a referral must be made without delay to the duty social worker for the area in which the child lives (see module 4.5.35). The duty social worker may also be contacted for informal advice. 2.28 YOUTH OFFENDING TEAM (YOT) 2.28.1 The principal aim of the youth justice system is to prevent offending by children and young people. YOTs – the main vehicle by which the above aim is delivered – are multi-agency teams which must include a probation officer, a Police officer, a representative of the health authority, someone with experience in education, and someone with experience of social work relating to children. 2.28.2 YOTs are responsible for supervision of children and young people subject to pre court interventions and statutory court disposals. 2.28.3 Given their multi-agency membership, YOTs are well placed to identify those children and young people known to relevant organisations to be most at risk of offending and to undertake work to prevent them offending. 2.28.4 A number of those supervised by YOTs will also be ‘children in need’, and the welfare of some will require protecting. There must be clear links between youth justice and child protection services at strategic and at a child-specific operational level. 2.28.5 YOTs have a duty to make arrangements to ensure that their functions are discharged having regard to the need to safeguard and promote the welfare of children. 2.28.6 It may be useful to identify a YOT officer who can take a lead role for child protection. 2.29 YOUTH SERVICES 2.29.1 Youth and Community Workers (YCWs) have close contact with children and young people and should be alert to signs of abuse and neglect and how to act upon concerns about a child’s welfare. 2.29.2 Local authority youth services should give written instructions, consistent with ‘What To Do If You’re Worried A Child Is Being Abused’ and LSCB procedures, on when staff should consult colleagues, line managers, and other statutory authorities about concerns they may have about a child or young person. SET LSCB PROCEDURES 2006 54 AGENCY ROLES & RESPONSIBILITIES 2.29.3 The above instructions should emphasise the importance of safeguarding the welfare of children and young people and should assist staff in balancing the desire to maintain confidentiality with the young person, and the duty to safeguard and promote her/his welfare and that of others. Volunteers within the Youth Service are subject to the same requirement. 2.29.4 Where the local authority funds local voluntary youth organisations or other providers through grant or contract arrangements, it should ensure that proper arrangements to safeguard children and young people are in place e.g. this might form part of the agreement for the grant or contract. The organisations might get advice on how to do so from their national bodies or the LSCB. SET LSCB PROCEDURES 2006 55 INFORMATION SHARING 3 & CONFIDENTIALITY I N F O R M AT I O N S H A R I N G & CONFIDENTIALITY 3 .1 3 .2 JUSTIFICATION FOR SHARING INFORMATION 3.1.1 Research and experience has demonstrated that to keep children safe from harm it is essential that professionals maximise the potential for safe partnership with parent/s and share relevant information across geographical and professional boundaries. 3.1.2 Often it is only when information from a number of sources has been shared, collated and analysed, that it becomes clear a child is suffering, or is likely to suffer significant harm. 3.1.3 Information relevant to child protection will be about: • Health and development of a child and her/his exposure to possible harm • A parent / carer who is unable to care adequately for a child • Other individuals who may present a risk of harm to the child 3.1.4 The consent of a person under the age of 18 is as significant as that of an adult where s/he is the subject of information, provided s/he has sufficient understanding to provide it. If a member of staff is in doubt about a child’s competence s/he should seek legal advice. 3.1.5 Where a child does not have the capacity to consent, it should be sought, if it does not place her/him at additional risk, from a person with parental responsibility for that child. 3.1.6 It is the duty of professionals, whether they are providing services to adults or children, to place the needs of the child first. 3.1.7 Each case will depend on its own facts and legal advice should always be sought from agencies’ own legal advisers where the professional is concerned about the legality of sharing information. RELEVANT LAW & GOVERNMENT REQUIREMENTS 3.2.1 Main sources of law and other relevant requirements with respect to information sharing and confidentiality in child protection are the: • Common law duty of confidence • European Convention on Human Rights (via its introduction into English law in the Human Rights Act 1998) • Data Protection Act 1998 • Crime and Disorder Act 1998 SET LSCB PROCEDURES 2006 56 INFORMATION SHARING & CONFIDENTIALITY • Children Act 1989 • Caldicott Standards (Health and Children’s Services) • Non statutory government guidance on information sharing 2006 • Freedom of Information Act 2000 COMMON LAW 3.2.2 The ‘Common Law Duty of Confidence’ arises if a person shares information with another in circumstances where it is reasonable to expect the information will be kept confidential e.g. a contract, a patient-doctor, solicitor-client, pupil-teacher relationship. 3.2.3 Personal information about children and families kept by professionals and agencies should not generally be disclosed without the consent of the subject. 3.2.4 The duty of confidence is not absolute and disclosure can be justified if: • The information is not confidential in nature e.g. it is trivial or readily available elsewhere e.g. a social worker seeking confirmation from a school of a child’s attendance that day • The person to whom the duty of confidence is owed has ‘expressly’ authorised disclosure (orally or in writing) or ‘implicitly’ authorised it (a referrer of an allegation of abuse to Children’s Social Care would expect the information to be shared on a ‘need to know’ basis) • There is an overriding public interest in disclosure • Disclosure is required by a court order or other legal obligation 3.2.5 The disclosure of information should not be an obstacle if an individual has particular concerns about the welfare of a child, the information is disclosed to another professional and the disclosure is justified under the common law duty of confidence. 3.2.6 The key factor in deciding whether or not to disclose confidential information is ‘proportionality’ i.e. is the proposed disclosure a proportionate response to the need to protect the child’s welfare. The amount of confidential information disclosed and the number of people to whom it is disclosed should be no more than is necessary to meet the public interest in protecting the health and well-being of the child. 3.2.7 The approach to confidential information should be the same whether any proposed disclosure is internally within an organisation e.g. within a school or Children’s Social Care or between agencies e.g. teacher to a social worker. SET LSCB PROCEDURES 2006 57 INFORMATION SHARING & CONFIDENTIALITY EUROPEAN CONVENTION ON HUMAN RIGHTS 3.2.8 3.2.9 3.2.10 Article 8 of the above Convention states that: • Everyone has the right to respect for her/his private and family life, home and correspondence • There shall be no interference by a public authority with the exercise of this right except such as in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, protection of health or morals or for the protection of rights and freedom of others The right is not absolute and in certain situations Article 8 enables professionals to disclose information without consent – e.g. to: • Safeguard a child • Protect her/his health or morals • Protect the rights and freedoms of others or • Prevent disorder or crime As with the common law described above, the principle of ‘proportionality’ applies to sharing confidential information i.e. when disclosing information without consent one must limit the extent of the disclosure to that which is absolutely necessary to achieve the aim of disclosure e.g. child protection. DATA PROTECTION ACT 1998 3.2.11 3.2.12 The Data Protection Act 1998 (as amended) regulates the handling of information kept about an individual on a computer or in a manual filing system and requires of public authorities that any personal information is: • Obtained and processed fairly and lawfully • Processed for limited purposes and not in any manner incompatible with those purposes • Accurate and relevant • Held for no longer than necessary • Kept secure • Only disclosed if specific conditions set out in the Act are satisfied The amendments to the Data Protection Act 1998 introduced by the Freedom of Information Act 2000 mean that any incidental personal information held in loose papers etc (as opposed to a structured filing system) is now also covered by subject access and accuracy obligations. SET LSCB PROCEDURES 2006 58 INFORMATION SHARING 3.2.13 & CONFIDENTIALITY Legitimate conditions (in Schedule 2 of the Data Protection Act 1998) for sharing information include that: • Consent of the person to whom the data relates has been obtained • Disclosure is necessary to comply with a legal obligation • It is necessary to protect the vital interests of the data subject • It is necessary for the exercise of a statutory function or other public function exercised in the public interest e.g. a s.17 assessment or s.47 enquiry and • It is necessary for the purposes of legitimate interests pursued by the person sharing the information (except where it is unwarranted by reason of prejudice to the rights and freedoms or legitimate interests of the data subject) 3.2.14 Many of the above conditions, especially the latter one offer a justification for sharing information (mindful of the proportionality principle). 3.2.15 If the information being shared is ‘sensitive personal data’ e.g. racial or ethnic origin, religious beliefs or political opinions, trade union membership, sexual life, criminal offences, one of the following additional conditions of Schedule 3 must be met: • The subject has explicitly consented • It is necessary to protect her/his vital interests or those of another person where the subject’s consent cannot be given or is unreasonably withheld or cannot reasonably be expected to be obtained • It is necessary to establish, exercise or defend legal rights • It is necessary for the exercise of any statutory function and • It is in the substantial public interest and necessary to prevent or detect an unlawful act and obtaining express consent would prejudice those purposes 3.2.16 Defence of a child’s ‘legal rights’ under the Human Rights Act 1998 or exercise of a statutory function in connection with a s.17 assessment or a s.47 enquiry may offer justification for information sharing. 3.2.17 For more detailed information see www.dataprotection.gov.uk THE CALDICOTT STANDARDS 3.2.18 For the NHS and councils with social services responsibilities, the Caldicott principles and processes provide a framework of quality standards for the management of confidentiality and access to personal information under the leadership of a Caldicott Guardian. SET LSCB PROCEDURES 2006 59 INFORMATION SHARING & CONFIDENTIALITY 3.2.19 This includes ‘Safe Haven’ principles on the secure storage and transfer of confidential information. 3.2.20 These Standards apply to NHS organisations and Councils with Social Services Responsibilities in order to provide an effective framework to operationalise the Data Protection Act 1998 and underpin appropriate information sharing. 3.2.21 Health and Children’s Social Care must ensure that their information sharing arrangements are compliant with their own local procedures based on the Caldicott Standard (see Health Service Circular/LAC circular HSC 2002/003/LAC (2002) 2 ‘Implementing the Caldicott Standard into Social Care’). 3.2.22 Each health service and Children’s Social Care will have its own Caldicott Guardian who should be able to provide advice and guidance. NON STATUTORY GOVERNMENT GUIDANCE 3.2.23 3.2.24 The latest government view of best professional practice is detailed in www.ecm.gov.uk/informationsharing which includes: • A practitioners’ guide • Further guidance on legal issues and • A set of case exemplars The above practitioners’ guide ‘Information Sharing: Practitioners’ Guide (modified by the authors of these procedures at the italicised section of the 3rd bullet point) may be summarised as, you: • ‘Should explain to children / young people and families at the outset, openly and honestly, what and how information will, or could be shared and why, and seek their agreement. The exception to this is where to do so would put that child, young person or others at increased risk of significant harm or an adult at risk of serious harm, or if it would undermine the prevention, detection or prosecution of a serious crime including where seeking consent might lead to interference with any potential investigation • Must always consider the safety and welfare of a child or young person when making decisions on whether to share information about them. Where there is concern that the child may be suffering or is at risk of suffering significant harm, the child’s safety and welfare must be the overriding consideration • Should, where it is consistent with your view of the needs of the child, respect the wishes of children, young people or families who do not consent to share confidential information. You may still share information, if in your judgement on the facts of the case, there is sufficient need to override that lack of consent SET LSCB PROCEDURES 2006 60 INFORMATION SHARING 3.2.25 & CONFIDENTIALITY • Should seek advice where you are in doubt, especially where your doubt relates to a concern about possible significant harm to a child or serious harm to others • Should ensure the information you share is accurate and up-todate, necessary for the purpose for which you are sharing it, shared only with those people who need to see it, and shared securely • Should always record the reasons for your decision, whether it is to share information or not’ The above guidance (para. 3.12) indicates that in the following circumstances, sharing confidential information without consent will normally be justified in the public interest: • ‘There is evidence that the child is suffering or at risk of suffering significant harm or • There is reasonable cause to believe that a child may be suffering or at risk of significant harm or • To prevent significant harm arising to children / young people or serious harm to adults, including through the prevention, detection and prosecution of serious crime’ OVERALL LEGAL & BEST PROFESSIONAL PRACTICE 3.2.26 3 .3 Thus, in general, the law does not prevent individual sharing information with other practitioners if: • Those likely to be affected, consent • The public interest in safeguarding the child’s welfare overrides the need to keep the information confidential • Disclosure is required by court order or other legal obligation PROFESSIONAL GUIDANCE DOCTORS 3.3.1 ‘What To Do If You’re Worried a Child is Being Abused’ 2003 superseded ‘Guidance to Doctors Working with Child Protection Agencies’ (itself an addendum to Working Together to Safeguard Children 1999). 3.3.2 Updated General Medical Council (GMC) guidance entitled ‘Confidentiality: Protecting and Providing Information’ (2004) emphasises the importance generally of obtaining a patient’s consent to disclosure of personal information but makes clear it may be released without consent to 3rd parties e.g. statutory agencies Children’s Social Care, Police etc in exceptional circumstances if: • A failure to disclose information may expose the patient, or others, to risk of death or serious harm SET LSCB PROCEDURES 2006 61 INFORMATION SHARING 3.3.3 & CONFIDENTIALITY The GMC has confirmed its guidance refers to information about: • 3rd parties who are of direct relevance to child protection, e.g. adults who may pose a risk to a child • Children who may be the subject of abuse NURSES & OTHER HEALTH STAFF 3.3.4 ‘What To Do If You’re Worried a Child is Being Abused’ DH 2003 superseded ‘Child Protection: Guidance for Senior Nurses, Health Visitors, Midwives and their Managers’ . 3.3.5 The Nursing and Midwifery Council (NMC) has produced a code of professional conduct advising disclosure of information may occur: • With the consent of the patient or client • Without the consent of the patient or client when the disclosure is required by law or by order of a court • Without the consent of the patient or client when the disclosure is considered to be necessary in the public interest (public interest is defined to include child protection) 3.3.6 The Health Professionals Council which governs therapies and professions allied to medicine has produced a statement on confidentiality and individual professional bodies produce their own, essentially similar guidance. 3.3.7 When in doubt health staff may consult the named professional who may in turn seek advice from the designated doctor or nurse and/or the Caldicott guardian or solicitor of the Trust. POLICE 3.3.8 Police are lawfully able to supply information to relevant 3rd parties for defined categories of request. 3.3.9 Care must be taken in all cases to ensure that all information disclosed is accurate, topical, factual, proportionate for the purpose for which it is passed and above all, relevant and necessary to the issue and the individual concerned. 3.3.10 The 6 categories of request for information which Police CAIUs can lawfully respond to are those in which: • A child protection referral is made in relation to an enquiry under s.47 Children Act 1989 (e.g. during a strategy discussion) • Information is requested as part of an inter-agency risk management meeting • Children’s Social Care is carrying out an Initial Assessment in order to inform a decision as to the justification for a s.47 enquiry SET LSCB PROCEDURES 2006 62 INFORMATION SHARING & CONFIDENTIALITY • Children’s Social Care is carrying out a ‘child in need’ assessment under s.17 Children Act 1989 and written consent from the subject/s has been obtained or the need to safeguard a child overrides the duty of confidence • The request relates to a child subject of a child protection plan • Children’s Social Care is faced with the immediate need to place a child with a family member or friend in an emergency and has obtained the necessary consents 3.3.11 Any request for information that does not fall within these categories must be declined. 3.3.12 Where there is doubt, the Police legal services or the Data Protection Unit will be consulted. 3.3.13 Information will be provided by Police on the strict understanding that it is confidential in nature, will only be used for the purposes of a child protection or child in need assessment and that it may not be passed on to any 3rd party without express permission of the Police. 3.3.14 In urgent cases, information shared as part of a s.47 enquiry may be provided verbally prior to being confirmed in writing. EDUCATION STAFF 3.3.15 Education staff have a responsibility to share information about protection of children with other professionals, particularly investigative agencies i.e. Police and Children’s Social Care. 3.3.16 S.27 Children Act 1989 imposed a duty on Children’s Services (Education) to assist Children’s Social Care in the exercise of their functions e.g. child protection if requested to do so and if it is not prejudicial to the discharge of their own functions. 3.3.17 S.175 Education Act 2002 introduced additional duties on Children’s Services (Education) to ‘make arrangements for ensuring that the functions conferred upon them in their capacity as an education authority are exercised with a view to safeguarding and promoting the welfare of children’. 3.3.18 The current duties and expectations of educational institutions are described in module 2. SOCIAL WORKERS 3.3.19 The General Social Care Council (GSCC) and British Association of Social Workers (BASW) Codes of Ethics [2002] allow for divulging confidential information without consent of the service user or informant when there is clear evidence of serious danger to the service user, worker or other persons. SET LSCB PROCEDURES 2006 63 INFORMATION SHARING 3 .4 & CONFIDENTIALITY PRACTICE REQUIREMENTS FOR INFORMATION TRANSFER 3.4.1 3.4.2 The net result of legislation and professional guidance as summarised above is that professionals may share information without the consent of the subject: • To protect the vital interests of the person • Where seeking permission might place the child or another person at serious risk of significant harm • Where such action might reasonably assist in the prevention or detection of serious crime It is important that each professional accepts responsibility for her/his own referrals and should not seek to provide information to another agency anonymously. ROUTINE ‘CHECKS’ – S.17 & 47 ENQUIRIES 3.4.3 3.4.4 The permission of the subject (child or parent) must ordinarily be sought on those occasions when there is a need to gather further information via checks with other agencies, in order to: • Progress an assessment of need (s.17 Children Act 1989) • Decide whether to re-designate an assessment of need to a child protection (s.47 Children Act 1989) enquiry or • Inform such a child protection enquiry Such checks may be completed without such permission if: • Seeking permission is likely to increase risk to children concerned or other individuals e.g. by causing a substantial delay to the s.47 enquiry • A request for permission has been refused, the reason for refusal has been considered and sufficient professional concern remains to justify disclosure • Seeking permission is likely to impede a criminal investigation RECORDING OF INFORMATION SOUGHT & SHARED 3.4.5 The person requesting information from another agency and the person in that agency who provides it must record the event in accordance with her/his own agencies. 3.4.6 The recording must indicate if the consent of the relevant person was sought and obtained, sought and refused or not sought. 3.4.7 If information was provided without consent, reason/s for so doing must be made clear and the record indicate whether the person in question was subsequently informed of the information transfer. SET LSCB PROCEDURES 2006 64 INFORMATION SHARING & CONFIDENTIALITY CONFIDENTIALITY OF EXCHANGES OF INFORMATION 3 .5 3.4.8 Unless s/he is already known, a phone call received from professional seeking information must be verified before information is divulged, by calling her/his agency back. 3.4.9 A record of any information relayed by phone or in person must be made. 3.4.10 Transmission of personal and sensitive information by fax should only happen as/when necessary. The number / address to which it is being sent should be checked very carefully (preferably by a colleague) and reassurance provided and recorded about the security of its handling by the other agency. 3.4.11 A cover sheet must be used which contains a confidentiality statement e.g. ‘this fax is confidential and intended only for the person to whom it is addressed’. 3.4.12 When sending out e-mails containing confidential information, a comparable confidentiality warning should be used. ‘Best practice’ suggests that confidential information should only be sent by secure electronic systems and not by internet e-mail. 3.4.13 All agencies must ensure that their record keeping is kept in accordance with statute and guidance (both national and local). FREEDOM OF INFORMATION ACT 2000 Operational practice 3.5.1 The Freedom of Information Act 2000 (FOIA 2000), fully implemented on 01.01.05 amended but did not replace the Data Protection Act 1998 which continues to apply to requests by an individual for access to her/his personal records. 3.5.2 The new Act reflects commitments to more openness made soon after this government was elected in 1997 and every relevant organisation is obliged to develop, obtain the approval of the Information Commissioner and publicise its information scheme. 3.5.3 The FOIA 2000 confers on applicants to public authorities, a general statutory right to: • Be told whether or not the authority (e.g. social work, education and health services, Police etc) holds recorded information, and if so • Have that information communicated to them SET LSCB PROCEDURES 2006 65 INFORMATION SHARING 3.5.4 & CONFIDENTIALITY The FOIA 2000 specifies conditions which need to be fulfilled before an authority is obliged to comply with a request: • The applicant (individual or an organisation) must describe what is wanted • If the organisation’s policy requires it, pay, within 3 months of her/his request, a fee (no fee is chargeable for requests that require work costing less than £450-00) 3.5.5 In practice, each organisation will have its own fee structure reflecting the various fee regimes established in regulations. 3.5.6 The public authority must comply with its duty as follows: 3.5.7 3.5.8 3.5.9 • Promptly and within 20 working days or • Other period (not exceeding 60 working days) from receipt of request as per the Freedom of Information (Time for Compliance with Request) Regulations 2004 • It must respond by the method requested by the applicant • If it declines an application, it must provide reasons Many exemptions from the obligation to confirm the existence of and share information exist, relating to either: • A ‘class’ of information • Application of a ‘prejudice’ test or • Consequences of disclosure Exemptions may be: • ‘Absolute’, where the need to balance the public interest in disclosure against the public interest in maintaining the exemption does not arise or • ‘Relative’, where the application must be balanced against the public interest in disclosure The following exemptions are likely to be of most relevance in the child protection context: • Information sought is available by other means anyway e.g. information leaflets or information which is intended to be published e.g. an annual report etc • Repeated or substantially similar requests from the same person (unless made at reasonable intervals) • Any information held at any time by a public authority for the purpose of a criminal investigation / criminal proceedings conducted by it SET LSCB PROCEDURES 2006 66 INFORMATION SHARING 3.5.10 & CONFIDENTIALITY • Information relating to the obtaining of information from confidential sources (informers) if obtained or recorded for purposes of the authority’s functions relating to criminal investigations or proceedings, those associated with law enforcement or civil proceedings arising from such investigations • Information held by a public authority in documents filed with or placed in custody of court or served upon or by the public authority for purpose of court proceedings or which a court has created in proceedings • Disclosure would (in the reasonable opinion of a qualified person) prejudice or be likely to prejudice effective conduct of public affairs • Disclosure would or would be likely to, endanger the physical or mental health or safety of any individual • Personal information relating to the applicant which is covered instead by the Data Protection Act 1998 • Information obtained from any other person if its disclosure would constitute a breach of confidence actionable by that or any other person (note though as indicated above, the common law duty of confidence itself provides that a duty of confidence does not arise having regard to public interest) • Any information covered by legal professional privilege • Vexatious applications Management and legal advice should be sought for all FOIA 2000 requests. SET LSCB PROCEDURES 2006 67 RECOGNITION 4 & RESPONSE RECOGNITION & RESPONSE 4 .1 INTRODUCTION 4.1.1 4.1.2 4 .2 This module provides: • Definitions of significant harm, abuse and neglect • Information to assist the general recognition of circumstances where a child may be at risk of suffering abuse or neglect • Advice on the response to such recognition, including response to the child, parents or caregivers, the seeking of consultation and making a referral to Children’s Social Care Module 5 provides information about circumstances where children may be particularly vulnerable to abuse and/or neglect and module 6 provides procedures once the referral is made to Children’s Social Care. KEY CONCEPTS SIGNIFICANT HARM 4.2.1 The Children Act 1989 provides the legal framework for defining the situations in which local authorities have a duty to make enquiries about what, if any, action they should take to safeguard or promote the welfare of a child. 4.2.2 s.47 of the Act requires that if a local authority has ‘reasonable cause to suspect that a child who lives or is found in their area is suffering or is likely to suffer significant harm’ the authority shall make, or cause to be made, such enquiries as they consider necessary…..’ 4.2.3 Under s.31 (9) of the Children Act 1989 as amended by the Adoption and Children Act 2002: 4.2.4 • ‘Harm’ means ill treatment, or the impairment of health or development, including, for example, impairment suffered from seeing or hearing the ill treatment of another • ‘Development’ means physical, intellectual, emotional, social or behavioural development • ‘Health’ includes physical and mental health • ‘Ill treatment’ includes sexual abuse and forms of ill treatment, which are not physical Under s.31 (10) of the Act, where the question of whether harm suffered by the child is significant turns on the child’s health and development, his/her health and development shall be compared with that which could reasonably be expected of a similar child. SET LSCB PROCEDURES 2006 68 RECOGNITION 4.2.5 & RESPONSE There are no absolute criteria on which to rely when judging what constitutes significant harm. It is the responsibility of Children’s Social Care to make a judgement if a referral about abuse and / or neglect of a child falls into the criteria for a s.47 enquiry (see 7.3 Threshold for Enquiries). ABUSE & NEGLECT 4.2.6 ‘Child abuse and neglect’ are forms of maltreatment of a child. These terms include serious physical and sexual assaults as well as cases where the standard of care does not adequately support the child’s health or development. 4.2.7 Children may be abused or neglected through the infliction of harm, or through the failure to act to prevent harm. 4.2.8 Abuse can occur within the family or in an institution or community setting. Abuse can occur within all social groups regardless of religion, culture, social class or financial position. 4.2.9 Children may be abused by those known to them or, more rarely, by a stranger. They may be abused by an adult/s or another child/ren. 4.2.10 Working Together to Safeguard Children 2006 sets out definitions and examples of the 4 broad categories of abuse: 4.2.11 4 .3 • Physical abuse • Emotional abuse • Sexual abuse and • Neglect These categories overlap and an abused child frequently suffers more than a single type of abuse. This module provides: • Definitions of these categories • Information to help identify potential abuse and neglect • Information about the required response (including referral to Children’s Social Care) CATEGORIES OF ABUSE & NEGLECT PHYSICAL ABUSE 4.3.1 Physical abuse may involve hitting, shaking, throwing, poisoning, burning or scalding, drowning, suffocating or otherwise causing physical harm to a child. 4.3.2 It may also be caused when a parent / carer fabricates symptoms of, or deliberately induces illness in a child (see 10.6 for Additional Procedures for Fabricated or Induced Illness). SET LSCB PROCEDURES 2006 69 RECOGNITION & RESPONSE EMOTIONAL ABUSE 4.3.3 4.3.4 Emotional abuse is the persistent emotional ill treatment of a child such as to cause severe and persistent effects on the child’s emotional development, and may involve: • Conveying to children they are worthless or unloved, inadequate, or valued only insofar as they meet the needs of another person • Imposing developmentally inappropriate expectations e.g. interactions beyond the child’s developmental capability, overprotection, limitation of exploration and learning, preventing the child from participation in normal social interaction • Causing children to feel frightened or in danger e.g. witnessing domestic violence, seeing or hearing the ill treatment of another • Exploitation or corruption of children Some level of emotional abuse is involved in most types of ill treatment of children, though emotional abuse may occur alone. SEXUAL ABUSE 4.3.5 Sexual abuse involves forcing or enticing a child / young person to take part in sexual activities, including prostitution, whether or not the child is aware of what is happening. 4.3.6 The activities may involve physical contact, including penetrative and non-penetrative acts. Penetrative acts include ‘rape’ (intentional penetration of vagina, anus or mouth with a man’s penis) and ‘assault by penetration’ (intentional sexual penetration of the vagina or anus of a child with a part of her/his body or an object). 4.3.7 Sexual activities may also include non-contact activities, e.g. involving children in looking at, or in production of abusive images, watching sexual activities or encouraging them to behave in sexually inappropriate ways. This may include use of photographs, pictures, cartoons, literature or sound recordings e.g. the internet, books, magazines, audio cassettes, tapes, CD’s (see 10.2 Abusive Images Of Children & Information Communication Technology). 4.3.8 Children under 16 years of age cannot provide lawful consent to any sexual activity, though in practice many are involved in sexual contact to which, as individuals, they may have agreed. NEGLECT 4.3.9 Neglect involves the persistent failure to meet a child’s basic physical and/or psychological needs, likely to result in the serious impairment of the child’s health and development. 4.3.10 Neglect may occur during pregnancy as a result of maternal substance misuse (see 5.17 and 5.18). SET LSCB PROCEDURES 2006 70 RECOGNITION 4.3.11 4 .4 & RESPONSE Once the child is born, neglect may involve failure to: • Provide adequate food, clothing or shelter (including exclusion from home or abandonment) • Protect from physical and emotional harm or danger • Meet or respond to a child’s basic emotional needs • Ensure adequate supervision including use of adequate caretakers • Ensure access to appropriate medical care or treatment • Ensure that her/his educational needs are met RECOGNISING ABUSE & NEGLECT 4.4.1 4.4.2 Factors described below are frequently found in cases of abuse and/or neglect. Their presence is not proof abuse has occurred, but: • Must be regarded as indicators of possible significant harm • Justify the need for careful assessment and discussion with designated / named / lead person, manager, (or in their absence, an experienced colleague) • May require consultation with and/or referral to Children’s Social Care Generally, in an abusive relationship the child may: • Appear frightened of the parent/s • Act in a way that is inappropriate to her/his age and development (though full account needs to be taken of different patterns of development and different ethnic groups) 4.4.3 Staff should be sensitive to the adverse impact on children’s development of parental difficulties e.g. domestic violence (see 5.7) or mental health problems (see 5.10). 4.4.4 Staff should be aware of the potential risk to children when individuals, previously known or suspected to have abused children, move into or have contact with the household (see 13.6). RECOGNISING PHYSICAL ABUSE 4.4.5 This section provides information about the sites and characteristics of physical injuries, which may be observed in abused children. It is intended primarily to assist non medical staff in the recognition of bruises, burns and bites which should be referred to Children’s Social Care and / or require expert medical assessment. Further information for medical staff can be found on www.core-info.cf.ac.uk. SET LSCB PROCEDURES 2006 71 RECOGNITION 4.4.6 & RESPONSE The following may be indicators of concern: • An explanation which is inconsistent with an injury • Several different explanations provided for an injury • Unexplained delay in seeking treatment • Parents / carers are uninterested or undisturbed by an accident or injury • Parents are absent without good reason when their child is presented for treatment • Repeated presentation of minor injuries which may represent a ‘cry for help’ and if ignored could lead to a more serious injury, or may represent fabricated or induced illness (see 10.6) • Family use of different doctors, hospital ED and other direct access health provisions • Reluctance to give information or mention previous injuries Bruising 4.4.7 Children can have accidental bruising, but the following must be considered as highly suspicious of a non accidental injury unless there is an adequate explanation provided: • Any bruising or other soft tissue injury to a pre-crawling or prewalking infant or non mobile disabled child • Bruising seen away from bony prominences • Simultaneous bruising to both eyes without bruising to the forehead, (rarely accidental, though a single bruised eye can be accidental or abusive) • Bruising on sites less commonly injured accidentally: the face, back, abdomen, buttocks, ears and hands • Cluster of bruises may indicate defensive injuries on the upper arm, outside of thigh or the trunk and adjacent limb • Multiple bruising of uniform shape • Bruises that carry the imprint of an implement used e.g. belt marks, hand prints, grasp marks or a hair brush • Linear pink marks, haemorrhages or pale scars may be caused by ligature, especially at wrists, ankles, neck, male genitalia • Bruising or tears around, or behind, the earlobe/s indicating injury by pulling or twisting or slapping • Broken teeth and mouth injuries (a torn frenum – the flap of tissue in the midline under the upper lip – is highly suspicious in non-mobile children, but frequently occurs accidentally in mobile children) SET LSCB PROCEDURES 2006 72 RECOGNITION & RESPONSE Bite marks 4.4.8 Bite marks can leave clear impressions of the teeth. Human bite marks are oval or crescent shaped. Those over 3cm in diameter are more likely to have been caused by an adult or older child. 4.4.9 A medical opinion should be sought where there is any doubt over the origin of the bite. Burns & scalds 4.4.10 4.4.11 It can be difficult to distinguish between accidental and nonaccidental burns and scalds, and will always require experienced medical opinion. Any burn with a clear outline may be suspicious e.g.: • Circular burns from cigarettes are characteristically punched out lesions 0.6 – 0.7 cm in diameter and healing usually leaves a scar • Friction burns resulting from being dragged • Linear burns from hot metal rods or electrical fire elements • Burns of uniform depth over a large area • Scalds that have a line indicating immersion or poured liquid (a child getting into hot water of its own accord will struggle to get out and cause splash marks) • Old scars indicating previous burns / scalds which did not have appropriate treatment or adequate explanation Scalds to the buttocks of a small child, particularly in the absence of burns to the feet, are indicative of dipping into a hot liquid or bath. Fractures 4.4.12 Fractures may cause pain, swelling and discolouration over a bone or joint. 4.4.13 The possibility of abuse should be considered carefully for all fractures in non-mobile children. 4.4.14 There are grounds for concern if: • There is an unexplained fracture in the first 18 months of life • History provided is vague, non-existent or inconsistent with the fracture type • There are associated old and / or multiple fractures • Medical attention is sought after a delay when the fracture has caused symptoms such as swelling, pain or loss of movement SET LSCB PROCEDURES 2006 73 RECOGNITION & RESPONSE Scars 4.4.15 A large number of scars, or scars of different sizes or ages, or on different parts of the body, may suggest abuse. RECOGNISING EMOTIONAL ABUSE 4.4.16 Emotional abuse may be difficult to recognise, as signs are usually behavioural rather than physical. 4.4.17 The indicators of emotional abuse are often also associated with other forms of abuse. 4.4.18 Recognition of emotional abuse is usually based on observations over time and the following offer some associated indicators: Parent / carer and child relationship factors • Abnormal attachment between a child and parent / carer e.g. anxious, indiscriminate or no attachment • Frequent complaints about / to the child and failure to provide attention or praise (high criticism / low warmth environment) • Conveying to children they are worthless or unloved, inadequate, or valued only insofar as they meet the needs of another person e.g. persistent negative comments about the child or ‘scapegoating’ within the family • Developmentally inappropriate or inconsistent expectations e.g. over-protection, limited exploration and learning, interactions beyond child’s developmental capability, prevention of normal social interaction • Causing children to feel frightened or in danger e.g. witnessing domestic violence, seeing or hearing the ill treatment of another Child presentation concerns • Delay in achieving developmental, cognitive and / or other educational milestones • Failure to thrive / faltering growth • Behavioural problems e.g. aggression, attention seeking • Frozen watchfulness, particularly in pre-school children • Low self esteem, lack of confidence, fearful, distressed, anxious • Poor peer relationships including withdrawn or isolated behaviour Parent / carer related issues • Dysfunctional family relationships including domestic violence • Parental problems that may lead to lack of awareness of child’s needs e.g. mental illness, substance misuse, learning difficulties • Parent or carer emotionally or psychologically distant from child SET LSCB PROCEDURES 2006 74 RECOGNITION & RESPONSE RECOGNISING SEXUAL ABUSE 4.4.19 Boys and girls of all ages may be sexually abused and are frequently scared to say anything due to guilt and/or fear. This abuse is particularly difficult for a child to talk about and full account should be taken of the cultural sensitivities of any individual child / family. 4.4.20 Recognition can be difficult, unless the child discloses and is believed. There may be no physical signs and indications are likely to be emotional / behavioural. Behavioural indicators • Inappropriate sexualised conduct • Sexually explicit behaviour, play or conversation, inappropriate to the child’s age • Continual and inappropriate or excessive masturbation • Self-harm (including eating disorder), self mutilation and suicide attempts • Involvement in prostitution or indiscriminate choice of sexual partners • An anxious unwillingness to remove clothes for sports events (but this may be related to cultural norms or physical difficulties) • Running away Physical indicators • Pain or itching of genital area • Vaginal discharge • Enuresis • Sexually transmitted diseases • Blood on underclothes • Pregnancy • Symptoms e.g. injuries to genital or anal area, bruising to buttocks, abdomen and thighs, sexually transmitted disease, presence of semen on vagina, anus, external genitalia or clothing RECOGNISING NEGLECT 4.4.21 Evidence of neglect is built up over a period of time and can cover different aspects of parenting. Child related indicators • A child who is unkempt or inadequately clothed or dirty or smells • A child perceived to be frequently hungry • A child seen to be listless, apathetic and unresponsive with no apparent medical cause or displaying anxious attachment, aggression or indiscriminate friendliness SET LSCB PROCEDURES 2006 75 RECOGNITION & RESPONSE • Failure to grow or develop within normal expected pattern, with accompanying weight loss or speech / language delay • Recurrent / untreated infections or skin conditions e.g. severe nappy rash, eczema or persistent head lice / scabies • Unmanaged / untreated health / medical conditions including poor dental health • Frequent accidents or injuries • Child frequently absent or late at school • Poor self esteem • Child thrives away from home environment Indicators in the care provided 4 .5 • Failure by parents or carers to meet the basic essential needs e.g. adequate food, clothes, warmth, hygiene • Failure by parents or carers to meet the child’s health and medical needs e.g. poor dental health, failure to attend or keep appointments with health visitor, GP or hospital, lack of GP registration, failure to seek or comply with appropriate medical treatment • A dangerous or hazardous home environment including failure to use home safety equipment, risk from animals • Poor state of home environment e.g. unhygienic facilities, lack of appropriate sleeping arrangements, inadequate ventilation (including passive smoking) and lack of adequate heating • Lack of opportunities for child to play and learn • Child left with adults who are intoxicated, misuse substances or are violent • Child abandoned or left alone for excessive periods PROFESSIONAL RESPONSE BEING ALERT TO CHILDREN’S WELFARE 4.5.1 Everybody who works or has contact with children (or pregnant women) should be able to recognise and know how to act upon, evidence a child’s health or development (or that of an unborn baby) is being or may be impaired, and especially when they are suffering or at risk of suffering significant harm. 4.5.2 Whenever a practitioner is concerned about the welfare / safety of a child s/he should follow these procedures. Concerns may arise in: • Day to day contact with the child or an isolated contact • The process or outcome of a common assessment SET LSCB PROCEDURES 2006 76 RECOGNITION & RESPONSE COMMON ASSESSMENT FRAMEWORK 4.5.3 The Common Assessment Framework (CAF) is a nationally standardised approach to conducting an assessment of the needs of a child / young person and deciding how those needs should be met. 4.5.4 The CAF has been developed for use by practitioners in all agencies, so they can communicate and work more effectively together. It should be particularly useful in universal services such as health and education). 4.5.5 Local areas have been empowered to implement CAF since its publication in April 2005 and Thurrock introduced it in 2005. All areas are expected to implement the framework between April 2006 and 2008. 4.5.6 The CAF has been developed from combining the underlying model of the Framework for the Assessment of Children in Need and their Families (see 6.1) with the main elements of other assessment frameworks. 4.5.7 Staff should already be aware of this conceptual framework and what it might mean for them in terms of their contribution to assessments of children in need along with any local guidance or toolkits (see Thurrock’s Assessment Responses to Children (ARC) Information Sharing and Essex’s Establishing Common Language, a guide for practitioners working with children / young people in Essex). 4.5.8 Use of the CAF should not delay referral to Children’s Social Care if there are concerns that a child is in need, or suspected of having been / at risk of being abused or neglected. 4.5.9 If a CAF has already been completed (or in progress) when the concerns are recognised, it will contribute to the assessment process of Children’s Social Care (see module 6). PROFESSIONAL CONSULTATION 4.5.10 Professionals in most agencies should have internal procedures, which identify child protection designated / named managers / staff able to offer advice and decide upon the need for a referral and parental permission / knowledge of that referral (see 4.5.26 - 34 below). 4.5.11 Consultation may also be accomplished directly with Children’s Social Care via the duty officer, child’s social worker, emergency duty service (EDS) or child protection co-ordinator. 4.5.12 If there are multiple consultations about a child, the line manager should be informed and consider the need for further action. SET LSCB PROCEDURES 2006 77 RECOGNITION 4.5.13 & RESPONSE A formal referral or any urgent medical treatment must not be delayed by the need for consultation (see immediately below). ENSURING IMMEDIATE SAFETY 4.5.14 The safety of children is paramount in all decisions relating to their welfare. Any action taken by members of staff should ensure that no child is left in immediate danger. 4.5.15 The law (s.3 (5) Children Act 1989) empowers anyone who has actual care of a child to ‘do all that is reasonable in the circumstances to safeguard her/his welfare’. Thus a teacher, foster carer, child minder or any professional should take all reasonable steps to offer a child immediate protection from a parent who is being aggressive to them, in the presence of the professional. 4.5.16 If the child has a serious injury or needs immediate medical attention, an ambulance (999) should be called and Children’s Social Care / Police and duty consultant paediatrician informed. 4.5.17 Except in cases where emergency treatment is needed, Children’s Social Care and the CAIU are responsible for ensuring that any medical examinations required as part of enquiries are initiated. 4.5.18 If the child needs immediate protection, the Police (999) should be called and then Children’s Social Care informed. 4.5.19 Where abuse is alleged, suspected or confirmed in a child presented / admitted to hospital, s/he must not be discharged until: • Children’s Social Care is notified by phone there are child protection concerns • Written confirmation is provided within 48 hours on an interagency referral form • A strategy discussion / pre-discharge planning meeting is completed (see 10.10) LISTENING TO THE CHILD 4.5.20 Responsibility for making enquiries and investigating allegations rests with Children’s Social Care and Police CAIUs, along with other relevant agencies (see modules 6 & 7). 4.5.21 Where there are concerns about a child’s welfare or where abuse is alleged or suspected, the initial response by professionals should be to try to ascertain the level of concern by listening carefully to what the child says, so as to: • Clarify the level of concern e.g. establish how an injury occurred • Offer re-assurance about how s/he will be kept safe and • Explain what action will be taken SET LSCB PROCEDURES 2006 78 RECOGNITION & RESPONSE 4.5.22 Additional measures may be required for a child with communication difficulties e.g. in consequence of a disability (see 10.11). 4.5.23 The child must not be pressed for information, led, cross-examined, given false assurances of absolute confidentiality or asked to give a written statement. Such well-intentioned actions could prejudice Police investigations, especially in cases of sexual abuse. 4.5.24 If the child can understand the significance and consequences of making a referral to Children’s Social Care, s/he should be asked her/his view. 4.5.25 Regardless of the child’s view, it remains the responsibility of the professional to take whatever action is required to ensure the safety of that child and any other children. PARENTAL CONSULTATION 4.5.26 4.5.27 Where practicable, concerns should be discussed with the family and agreement sought for a referral to Children’s Social Care unless this may: • Place the child at risk of significant harm e.g. by the behavioural response it may prompt or by leading to an unreasonable delay • Place a member of staff at risk by the behavioural response it may prompt • Lead to the risk of loss of evidential material Professional consultation (see 4.5.10 -12) should be sought if in doubt about the advisability of informing the parents of the concerns or if there are concerns about the safety of any member of staff. The decisions (and rationale) agreed in this consultation process must be recorded by all participants. Referral made without prior discussion with parents 4.5.28 A decision by any professional not to seek parental permission before making a referral to Children’s Social Care must be recorded and the reasons given. 4.5.29 Formal referrals from professionals cannot be treated as anonymous, and the parent will ultimately become aware of the identity of the referrer. 4.5.30 Clarification of the process by which the parents will be told of the referral should be sought from Children’s Social Care and recorded. Parental agreement to referral 4.5.31 Where a parent has agreed to a referral, this must be recorded and confirmed in the referral to Children’s Social Care. SET LSCB PROCEDURES 2006 79 RECOGNITION & RESPONSE Parental refusal for referral 4.5.32 Where a parent refuses to give permission for referral, further advice should, unless this would cause undue delay, be sought from a manager or nominated child protection officer and the outcome fully recorded. 4.5.33 If, having taken full account of the parent’s wishes, it is still considered that there is a need for a referral: 4.5.34 • The reason for proceeding without agreement must be recorded • Children’s Social Care should be told the parent has withheld permission and a discussion held about when and how s/he should be told of the referral • The parent should be contacted to inform her/him that after considering her/his wishes, a referral has been made (unless discussion with Children’s Social Care concluded this action might increase the risk of harm to the child) Module 3 provides comprehensive guidance on information sharing. DUTY TO REFER 4.5.35 4.5.36 Staff in LSCB member agencies and contracted service providers must make a referral to Children’s Social Care if there are signs that a child under the age of 18 years or an unborn baby is: • Suffering or may have suffered abuse and / or neglect • Likely to suffer abuse and / or neglect Timing of referrals must reflect level of perceived risk, but should usually be within 1 working day of the recognition of risk. In urgent situations out of office hours, a referral should be made to EDT (see appendix 1 for contact details). MAKING THE REFERRAL 4.5.37 Referrals should be made in accordance with local arrangements, to the Children’s Social Care in the area where the child is living or is found (see appendix 1 for contact details). 4.5.38 If the child is known to have an allocated social worker, referrals should be made to her/him, or in her/his absence, the manager or a duty officer. In other circumstances referrals should be made according to local arrangements (see appendix 1). 4.5.39 If available, the following information should be provided with the referral (absence of information must not delay referral): • Cause for concern including details of any allegations, their sources, timing and location • Child’s current location and emotional and physical condition SET LSCB PROCEDURES 2006 80 RECOGNITION & RESPONSE • Whether the child needs immediate protection • Full names, date of birth and gender of child/ren • Family address (current and previous) • Identity of those with parental responsibility • Names and date of birth of all household members and any known regular visitors to the household • Details of child’s extended family or community who are significant for the child • Ethnicity, first language and religion of children, parents / carers • Any need for an interpreter, signer or other communication aid • Any special needs of child/ren and other household members • Any significant / important recent or historical events / incidents in child or family’s life, including previous concerns • Details of any alleged perpetrators (if relevant) • Background information relevant to referral e.g. positive aspects of parents care, previous concerns, pertinent parental issues e.g. mental health, domestic violence, drug or alcohol abuse, threats and violence towards professionals • Referrer’s relationship and knowledge of child and parents / carers • Known current or previous involvement of other agencies / professionals e.g. schools, GPs • Parental knowledge of, and agreement to, the referral 4.5.40 The referrer must confirm verbal and telephone referrals in writing, within 48 hours, using an interagency referral form. This applies equally when the referral is made to EDT. Any CAF that has been undertaken should be attached to the referral. 4.5.41 Children’s Social Care must acknowledge referrals within 1 working day of receipt of the written referral. If no acknowledgement is received within 3 working days, the referrer must contact Children’s Social Care again. 4.5.42 Where Children’s Social Care decides to take no action, the referrer should anticipate feedback about the decision and its rationale (see 6.3.18). 4.5.43 Module 6 contains Referral & Assessment procedures that apply once a referral has been made to Children’s Social Care. RECORDING 4.5.44 The referrer should keep a record of her/his: • Contemporaneous account of discussions with child • Contemporaneous account of discussions with parent SET LSCB PROCEDURES 2006 81 RECOGNITION 4 .6 & RESPONSE • Discussions with managers • Information provided to Children’s Social Care • Decisions taken (clearly timed, dated and signed) RESPONSE BY MEMBERS OF THE PUBLIC 4.6.1 When members of the public are concerned about the welfare of a child or an unborn baby, they should contact the local Children’s Social Care of the area in which the child lives / is found or in the case of an unborn baby, where the mother lives. 4.6.2 Consideration should be given to offering referrers the opportunity of an interview. 4.6.3 The NSPCC help line offers an alternative means of reporting concerns (see appendix 1 for contact details) 4.6.4 Individuals may prefer not to give their name to Children’s Social Care or NSPCC. Alternatively they may disclose their identity, but not wish for it to be revealed to the parents / carers of the child concerned. 4.6.5 Where possible, staff should respect a referrer’s request for anonymity. There are however, certain limited circumstances in which her/his identity may have to be given e.g. to a court. 4.6.6 Local publicity material should make the above position clear to potential referrers. SET LSCB PROCEDURES 2006 82 RECOGNITION OF ADDITIONAL VULNERABILITY 5 RECOGNITION OF ADDITIONAL VULNERABILITY 5 .1 5 .2 INTRODUCTION 5.1.1 This module outlines the circumstances of children who may be particularly vulnerable to significant harm and indicates measures that should be in place to safeguard and promote their welfare. 5.1.2 Its purpose is to provide information to assist professionals and public recognise concerns that require referral to Children’s Social Care and the Police CAIU. 5.1.3 If a referral is made to Children’s Social Care, the procedures in modules 6 & 7 should be followed. Additional procedures apply where indicated and relevant cross references are provided. ABUSE OF CHILDREN & INFORMATION COMMUNICATION TECHNOLOGY ICT 5.2.1 The internet has become a significant means of distributing abusive images of children and as technology develops, the internet and its range of content services can be accessed through various devices. 5.2.2 There is a growing concern that children may be abused through: • Taking, downloading and/or distribution of images of abuse of child/ren • Allowing /encouraging a child to have exposure to inappropriate material via ICT e.g. adult pornography and/or extreme forms of obscene material • Children engaging in text bullying and use of mobile camera phones to capture violent assaults of other children for circulation 5.2.3 Images of abuse of children may be found in the possession of those who use them for personal use or distributed to children as part of the grooming process. 5.2.4 Internet chat rooms, discussion forum and bulletin boards are used as a means of contacting children with a view to grooming them for inappropriate / abusive relationships. Subsequent communication may be via email, instant messaging, mobile phone or text message. 5.2.5 As part of their role in preventing abuse and neglect, LSCB’s should consider activities to raise awareness about the safe use of the internet and be a key partner in the development and delivery of training and education programmes with the Child Education and Online Protection Centre (CEOP). See www.ceop.gov.uk . SET LSCB PROCEDURES 2006 83 RECOGNITION OF ADDITIONAL VULNERABILITY 5 .3 5.2.6 CEOP has also set up its own website which has been designed and written specifically for young people. It contains games and up to date information on having fun, staying in control and being safer online as well as details on how to report problems. See www.ceop.gov.uk/children_and_young_people.asp. 5.2.7 See also 10.2 Abusive Images and ICT. BEGGING 5.3.1 An adult begging for money may be accompanied by a child other than her/his own whose role is to invoke public sympathy. A child may also beg alone or appear to be so doing. 5.3.2 It is not the activity itself, rather the consequent risks that determine if a child protection response is required. Considerations should include age of the child, degree of adult supervision, time of day etc. 5.3.3 Activities such as ‘penny for the guy’, ‘trick or treat’ or carol singing are not normally regarded as begging if arrangements are age appropriate and effectively supervised. 5.3.4 It is the responsibility of the Police to: Deal with the offence of begging • Establish the identity and address of any involved child • Refer her/him to the Children’s Social Care for the area in which s/he lives 5.3.5 If there are immediate risks to the child, the referral must be made to the Children’s Social Care where they are found. 5.3.6 The normal procedures described in modules 6, 7 and 8 apply and a multi-agency strategy discussion and s.47 enquiry should occur if information available indicates that the begging: 5.3.7 5 .4 • • Presents immediate risks to the child’s safety or • Persists and presents as a continuing risk of significant harm If this threshold is not met, an Initial Assessment should be undertaken and advice offered to the parent / carer about the inappropriate use of children for begging and the risks involved. BELIEF IN ‘POSSESSION’ OR ‘WITCHCRAFT’ 5.4.1 Belief in ‘possession’ or ‘witchcraft’ is widespread and not confined to particular countries, cultures, religions or immigrant communities. 5.4.2 Children involved can suffer damage to physical and mental health, capacity to learn, ability to form relationships and self esteem. SET LSCB PROCEDURES 2006 84 RECOGNITION OF ADDITIONAL VULNERABILITY 5 .5 5.4.3 The children may be perceived as being different or difficult, and this attributed to them being ‘possessed’ or involved in ‘witchcraft’. Attempts to ‘exorcise’ the child may be made and these may involve severe beatings, burning, starvation, cutting or stabbing and/or isolation. This usually occurs within the child’s household. 5.4.4 Agencies should look for possible indicators and apply basic safeguarding principles e.g. information sharing across agencies, so as to be able to identify those at risk of this type of abuse. BULLYING 5.5.1 Bullying is a common form of deliberately hurtful behaviour, usually repeated where it is difficult for victims to defend themselves. 5.5.2 It can take many forms, but the 3 main types are physical (e.g. hitting, kicking, theft) verbal (e.g. racist or homophobic remarks, threats, name calling) and emotional (e.g. isolating an individual from social activities / acceptance of their peer group). 5.5.3 Damage inflicted by bullying is often underestimated and can cause considerable distress to children to the extent that it affects their health and development. In the extreme it can cause significant harm, including self-harm. ESSENTIAL SAFEGUARDS 5.5.4 All settings in which children are provided with services or are living away from home must have rigorously enforced anti-bullying strategies. RESPONSE 5.5.5 Bullying may involve an allegation of crime e.g. assault, theft, and harassment, and should be reported to the Police at the earliest opportunity. Police response will be in accordance with Crime Reporting by Police Officers Working in Schools (ACPO DfES Feb. 2004). 5.5.6 Where there are concerns about sexual abuse or serious / persistent physical or emotional abuse, advice should be sought from Children’s Social Care 5.5.7 See also 10.1 Abuse by Children. SET LSCB PROCEDURES 2006 85 RECOGNITION OF ADDITIONAL VULNERABILITY 5 .6 DISABLED CHILDREN 5.6.1 Evidence in Working Together to Safeguard Children 2006 suggests disabled children are at increased risk of abuse and the presence of multiple disabilities increases the risk of both abuse and neglect. 5.6.2 The disabled child may be especially vulnerable because of: 5.6.3 5.6.4 • A need for practical assistance in daily living, including intimate care from what may be a number of carers • Carers / staff lacking ability to communicate adequately with her/him • A lack of continuity in care leading to an increased risk that behavioural changes may go unnoticed • Carers working with the disabled child in isolation • Physical dependency with consequent reduction in ability to be able to resist abuse • An increased likelihood that s/he is socially isolated • Lack of access to ‘keep safe’ strategies available to others • Communication or learning difficulties preventing disclosure • Parents’/carers’ own needs and ways of coping may conflict with the needs of the child • Bullying and intimidation • Abuse by peers • A fear of complaining in case services are withdrawn • Targeting by some sex offenders in the belief that they are less likely to be detected In addition to the universal indicators of abuse / neglect mentioned (see 4.4) the following abusive behaviours must be considered: • Force feeding • Unjustified or excessive physical restraint • Rough handling • Extreme behaviour modification including the deprivation of liquid, medication, food or clothing • Misuse of medication, sedation, heavy tranquillisation • Invasive procedures against the child’s will • Deliberate failure to follow medically recommended regimes • Misapplication of programmes or regimes • Ill fitting equipment e.g. callipers which may cause injury or pain, or inappropriate splinting Some disabled children live or receive short breaks away from, home and are more vulnerable (see 5.9). SET LSCB PROCEDURES 2006 86 RECOGNITION OF ADDITIONAL VULNERABILITY ESSENTIAL SAFEGUARDS 5.6.5 5.6.6 Safeguards for disabled children are essentially the same as for non disabled children and should include ensuring and enabling them to: • Make their wishes and feelings known • Receive appropriate personal, health and social education, including sex education • Raise concerns • Have a means of communication and a range of adults with whom they can communicate Providers of services must have: • An explicit commitment to, understanding of disabled children’s safety and a culture of openness • Guidelines and training for staff on good practice in intimate care, working with children of the opposite sex, handling difficult behaviour, consent to treatment, anti-bullying strategies, sexuality and sexual behaviour among young people, especially those living away from home EMPLOYING A PERSONAL ASSISTANT Advice to parents / young person 5.6.7 Where those with parental responsibility wish to employ a personal assistant through the use of direct payments to support a disabled child (or where a 16/17 year old disabled person wishes to employ an assistant), they should be advised to: • Obtain a CRB check via Children’s Social Care • Work with an advocacy service in taking up references and interview processes • Avoid employing an under 16 year old as s/he cannot be held legally responsible for harm befalling a child in her/his care • Avoid employing anyone about whom they have doubts • Consider recruiting someone else if they are unhappy with the person working for them CRB checks 5.6.8 The potential employee should submit her/his application for CRB checks to Children’s Social Care. The 1st line manager should sign the application and forward it to the safeguards unit. The potential employee should be advised that the results of this check will be shared with the young person / parent. 5.6.9 Whilst this is carried out, potential users of direct payments should continue to receive services commissioned by the local authority. SET LSCB PROCEDURES 2006 87 RECOGNITION OF ADDITIONAL VULNERABILITY 5.6.10 The local authorities must be satisfied that a direct payment used for this service will safeguard and promote the welfare of the child (see www.everychildmatters.gov.uk/socialcare/disabledchildren/directpay mentfaqs/childprotection/). Once the check is received the responsible manager must decide whether the direct payment can be progressed. 5.6.11 If the person is deemed to be unsuitable, the direct payment would be declined, pending a more suitable candidate. The practitioner would discuss the circumstances with the parent or young person (possibly with their advocate). If parent / young person decline to pursue CRB checks 5.6.12 If the parent / young person decline to pursue CRB checks, Children’s Social Care only has grounds for refusing direct payment if good reason exists to believe a potential employee is unsuitable. 5.6.13 If Children’s Social Care declines a direct payment on these grounds, the reasons should be sensitively shared with the young person / parent and clearly recorded. 5.6.14 If the young person and/or parent decline to pursue a CRB check, they (or an advocate) should sign a disclaimer form. ASSESSMENT & SUPPORT 5.6.15 Disabled children must receive the same level of protection from harm as other children and the procedures described in modules 6, 7, 8 and 9 apply equally to them. 5.6.16 If a disabled child has a communication impairment or learning disability special attention should be paid to her/his needs (see 10.11) 5.6.17 Where a child is unable to tell someone of her/his abuse, s/he may convey anxiety or distress in some other way, e.g. behaviour or symptoms, and carers and staff must be alert to this. 5.6.18 Each child should be assessed carefully and supported where relevant to participate in the child protection and criminal justice system, when this is in the child’s best interests and the interests of justice. A specialist practitioner should be involved in any s.47 strategy discussion and enquiry. 5.6.19 Agencies must consider how best to enable a disabled child to give credible evidence and to withstand the rigours of the court process. SET LSCB PROCEDURES 2006 88 RECOGNITION OF ADDITIONAL VULNERABILITY 5 .7 DOMESTIC VIOLENCE 5.7.1 Domestic violence within these procedures is defined as ‘threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who live in the same household or where one adult lives in the household and the other is a regular visitor’ e.g. partners, ex-partners and family members. 5.7.2 Children’s exposure to parental conflict, even where violence is not present, can lead to serious anxiety and distress. Where there is domestic violence, implications for the children in the household must be considered because research evidence indicates a strong link between domestic violence and all types of abuse and neglect. 5.7.3 Prolonged and/or serious domestic violence can have a serious impact on a child’s development and emotional well-being. Significant harm to the child as a result of domestic violence may arise from the: • Adverse psychological effects of witnessing or being aware of threats or actual violence between adults • Risk of physical injury, either by accident in the midst of a violent incident or by design from a violent adult, including harm to the unborn baby (assaults on pregnant women often involve punches / kicks directed at the abdomen) • Negative impact on the victim’s ability to look after her/his child/ren as a result of assaults and/or psychological abuse • Risk of being drawn into the violence or pressurised into concealing the assaults 5.7.4 The negative impact of domestic violence may be exacerbated when combined with drink or drug misuse. 5.7.5 Any agency assessment should consider the possibility of domestic violence and ensure organisational responses safeguard both child and non-abusing parent. 5.7.6 Where an abused partner appears unable or unwilling to co-operate with statutory agencies, staff should keep in mind that this may reflect a genuine response to the experience of being a victim of abuse and professionals should consider the value of linking the parent to relevant services which may support them to co-operate and thus offer more protection to the child. 5.7.7 School staff may need to consider whether a child’s behaviour / achievement / concentration etc arises from exposure to domestic violence or being a victim her/himself. 5.7.8 See 10.4 for additional procedures covering responses to reported / suspected incidents of domestic violence. SET LSCB PROCEDURES 2006 89 RECOGNITION OF ADDITIONAL VULNERABILITY 5 .8 FORCED MARRIAGE DEFINITION 5.8.1 A ‘forced’ marriage (as distinct from a consensual ‘arranged’ marriage) is defined as one conducted without the valid consent of at least one of the parties and where duress is a factor. 5.8.2 Duress cannot be justified on religious or cultural grounds. 5.8.3 Forced marriages of children may involve non-consensual and/or underage sex, emotional and possibly physical abuse. They should be regarded in terms of child protection and referred to Children’s Social Care. 5.8.4 Although there is no current specific criminal offence of a forced marriage, the forced marriages of children (and vulnerable adults) may involve one or more criminal offences e.g. common assault, cruelty to persons under 16, child abduction, rape, kidnapping, false imprisonment and even murder. 5.8.5 Forced marriage is primarily, but not exclusively, an issue of violence against girls and young women: ‘Most cases involve young women aged between 13 and 30, although there is evidence to suggest that as many as 15% of victims are male’ (Practice Guidance for Social Workers ADSS 2004). 5.8.6 Whilst the majority of cases encountered in the UK involve South Asian families, partly reflecting the composition of the UK population, there have been cases involving families from East Asia, the Middle East, Europe and Africa. 5.8.7 Some forced marriages take place in the UK with no overseas element, whilst others involve a partner coming from overseas or a British citizen being sent abroad. RECOGNITION 5.8.8 Victims of existing or prospective forced marriages may be fearful of discussing their worries with friends and teachers, but may come to the attention of professionals for various behaviours or circumstances consistent with distress. These may include: • A family history of siblings being forced to marry or to marry early • A sibling who suddenly disappeared or went abroad • Frequent authorised school absences or truancy from school / lessons • Social isolation SET LSCB PROCEDURES 2006 90 RECOGNITION OF ADDITIONAL VULNERABILITY • A sudden decline in education performance, aspirations or motivation • Unreasonable restrictions on the child’s liberty e.g. accompanied to / from school, not allowed to attend extra-curricula activities • Depression, self harming behaviour, eating disorders • Lethargy and inability to concentrate • Physical and domestic abuse • Running away from home • Reported to have left the country suddenly or on an extended family holiday Response 5.8.9 Staff should not make assumptions that a child is at risk and try to establish the full facts from the child at the earliest opportunity. 5.8.10 The child must be provided with the opportunity to speak on her / his own, in a private place. S/he may face significant harm if her/his family learns that s/he has sought help or advice. Mediation should not be attempted. 5.8.11 The needs of victims of forced marriage vary. They may need help to avoid a threatened forced marriage or dealing with the consequences of a forced marriage that has already taken place. 5.8.12 Staff should seek consultation and advice from the designated / named professional and the Forced Marriage Unit (see 5.8.16). 5.8.13 Where there is information of an existing or prospective forced marriage of a child aged less than 18 years, child protection issues should be addressed by referral to Children’s Social Care, without prior discussion with the family or community. 5.8.14 See 10.8 for additional procedures that apply following referral to Children’s Social Care and CAIU. Further guidance & advice 5.8.15 Professionals working in this field should be familiar with their respective professional guidance: • Dealing With Cases of Forced Marriage: Guidance for Police Officers Home Office 2005 (available on Home Office web-site) • Young People & Vulnerable Adults Facing Forced Marriage: Practise Guidance for Social Workers, Foreign & Commonwealth Office, March 2004 (available on ADSS web-site) • Young People & Vulnerable Adults Facing Forced Marriage: Guidance for Education Professionals, Foreign & Commonwealth Office, January 2005 (available on teacher-net web-site) SET LSCB PROCEDURES 2006 91 RECOGNITION OF ADDITIONAL VULNERABILITY 5 .9 5.8.16 The Forced Marriage Unit (FMU) is the Government’s central unit dealing with forced marriage casework, policy and projects. The FMU provides confidential information and assistance to potential victims and concerned professionals (see appendix 1 national contacts). 5.8.17 FMU staff can offer advice and assistance to individuals who: • Fear they are going to be forced into a marriage (in the UK or overseas) • Fear for a friend or relative who may be forced into a marriage (in the UK or overseas) • Have been forced into a marriage and do not want to support their spouse’s visa application LIVING AWAY FROM HOME 5.9.1 Revelations of widespread abuse and neglect of children living away from home have done much to raise awareness of the particular vulnerability of children in these circumstances. 5.9.2 These circumstances include boarding schools, children’s homes, foster carers, private fostering, hospitals, prisons, young offender institutions, secure training centres, secure units, army bases, foreign students and foreign exchange visits. 5.9.3 Disabled children are particularly vulnerable when living / staying in such settings (see also 5.6). 5.9.4 In addition to sexual and physical abuse, such children may experience emotional abuse and neglect, including peer abuse, bullying and substance misuse, which are a particular threat in institutional settings. 5.9.5 Practice with respect to reporting of concerns, conducting of enquiries as well as recruitment of staff or carers is as described in modules 4, 6, 7 and 14. ESSENTIAL SAFEGUARDS 5.9.6 Safeguards which should be observed in such settings (and explicitly addressed in contracts with external providers) include the need for: • Children to be valued and respected: staff must communicate directly with them using appropriate verbal and / or non-verbal means and recognise the importance of ascertaining their wishes and feelings • Care providers to be appropriately recruited, assessed and trained SET LSCB PROCEDURES 2006 92 RECOGNITION OF ADDITIONAL VULNERABILITY • Children to have access to a trusted adult outside of the institution / family and the institution itself be open to the external world and scrutiny • Clear procedures for complaints, safeguarding concerns, concerns about staff / carers and ‘whistle blowing’ arrangements • Respect for diversity and sensitivity to race, culture, religion, gender, sexuality and disability • Effective supervision and support, extending to temporary staff and volunteers LOOKED AFTER CHILDREN 5.9.7 Social workers should ensure, in fulfilling statutory visiting duties with looked after children that they create opportunities to see them on their own. 5.9.8 S.47 enquiries, when there are concerns about significant harm to a child, applies on the same basis as it does to children who live with their own families, but 10.12 provides additional procedures relevant to these circumstances. CHILDREN PLACED FOR ADOPTION 5.9.9 Where a child is placed for adoption, the child remains a looked after child, until the Adoption Order is made and this section applies equally for these children. Module 10.12 provides additional procedures relevant to these circumstances. PRIVATE FOSTERING 5.9.10 A private fostering arrangement is one made without the involvement of Children’s Social Care for the care of a child under the age of 16 (under 18, if disabled) by someone other than a parent or close relative for 28 days or more. This may include children sent from abroad, asylum seeking and refugee children, teenagers staying in short term arrangements with friends or other non relatives and language students with host families. 5.9.11 Under the Children Act 1989 private foster carers and those with parental responsibility are respectively required to notify the local authority of their intention to privately foster or have a child fostered. 5.9.12 Teachers, health and other professionals should notify Children’s Social Care of any private fostering arrangements that come to their attention; unless they are satisfied that Children’s Social Care have been notified of the arrangement. 5.9.13 Children’s Social Care must satisfy themselves as to the suitability of the private foster carer, their household and accommodation. SET LSCB PROCEDURES 2006 93 RECOGNITION OF ADDITIONAL VULNERABILITY 5.9.14 Where advance notice is given, this should be prior to the commencement of the arrangement [The Children (Private Arrangements for Fostering) Regulations 2005]. There are powers to impose requirements on the carer or, if there are serious concerns about an arrangement, to prohibit it (see local private fostering procedures for details of assessment and review processes). 5.9.15 Children’s Social Care must visit privately fostered children at regular intervals (a minimum of 6 weekly visits in year 1 and thereafter a minimum of 12 weekly) to ensure that their welfare is being satisfactorily safeguarded and promoted and that private foster carers and parents are provided with any required advice. 5.9.16 The Children Act 1989 created some offences relevant to private fostering, including a failure to notify an arrangement or to comply with any requirement or prohibition imposed by Children’s Services. Certain people are disqualified from being private foster carers. FOREIGN EXCHANGE VISITS 5.9.17 Children on foreign exchange visits typically stay with a family selected by the school in the host country. Where this is for fewer than 28 days they are not ‘privately fostered’. 5.9.18 In these circumstances the only agency involved is education, with the school making arrangements to select host families and to negotiate the provision of families abroad. 5.9.19 In the event any child in a household is subject to a child protection plan or is the subject of a s.47 enquiry, the household should (until there is a satisfactory resolution of concerns) be regarded by the school as unsuitable to receive a pupil from an overseas school. 5.9.20 Schools should take reasonable steps to ensure that relevant schools abroad take a comparable approach. CHILDREN IN HOSPITAL 5.9.21 The National Service Framework for Children, Young People and Maternity Services (NSF) September 2004 sets out standards for hospital services. Hospitals should be child friendly, safe and healthy places for children; with care in an appropriate location and environment e.g. children should not usually be in an adult ward. 5.9.22 S.85 of the Children Act 1989 requires PCTs to notify the ‘responsible authority’ (Children’s Social Care for the area where the child is ordinarily resident or where the child is accommodated if this is unclear) when a child has been or will be accommodated by the PCT for 3 months or more e.g. in hospital. 5.9.23 In response to the above notification, Children’s Social Care can ensure the child’s welfare can be assessed and kept under review. SET LSCB PROCEDURES 2006 94 RECOGNITION OF ADDITIONAL VULNERABILITY CHILDREN IN CUSTODY 5.9.24 The local authority has the same responsibilities towards children in custody as it does towards other children in the authority area. See 2.24 for further information. 5.10 MENTAL ILLNESS OF PARENT OR CARER DEFINITION 5.10.1 For the purposes of safeguarding children the mental health or mental illness of the parent or carer should be considered in the context of the impact of the illness on the care provided to the child. RECOGNITION 5.10.2 The majority of parents who suffer significant mental ill-health are able to care for and safeguard their child/ren and / or unborn child, but it is essential always to assess the implications for each child in the family. 5.10.3 In some cases, especially with regard to enduring and / or severe parental mental ill health or where there is associated family disharmony / break-up, the parent’s condition will seriously affect the safety, health and development of children. 5.10.4 The following parental risk factors may justify a referral to Children’s Social Care for an assessment of the child’s needs: • Previous history of parental mental health especially if severe and / or enduring condition • Predisposition to, or severe post natal illness • Delusional thinking involving the child • Self-harming behaviour and suicide attempts (including attempts that involve the child) • Altered states of consciousness e.g. splitting / dissociation, misuse of drugs, alcohol, medication • Obsessional compulsive behaviours involving the child • Non-compliance with treatment, reluctance or difficulty in engaging with necessary services, lack of insight into illness or impact on child • Disorder designated ‘untreatable’ either totally or within time scales compatible with the child’s best interests • Mental illness combined with domestic violence and/or relationship difficulties • Unsupported and/or isolated mentally ill parents • Parental inability to anticipate needs of the child SET LSCB PROCEDURES 2006 95 RECOGNITION OF ADDITIONAL VULNERABILITY 5.10.5 The following factors associated with the child may justify a referral to Children’s Social Care for an assessment of the child’s needs: • A child acting as a young carer for a parent or a sibling • Child having restricted social and recreational activities • Child’s physical and emotional needs neglected (may be associated with parental depression) • Impact has been observed on child’s growth, development, behaviour and/or mental / physical health, including alcohol/substance misuse and self- harming behaviour • The parent / carer’s needs or illnesses taking precedence over the child’s needs • Insufficient alternative care for the child within extended family to prevent harm Pre-birth 5.10.6 Pre-birth procedures (see 5.18 & 10.15) must be followed when it is known that someone with mental health problems is expecting to become a parent / have another child. 5.10.7 Consideration must be given to the ability of the parents to obtain adequate antenatal care and subsequently provide good care for the baby. If referral to Children’s Social Care is justified, it must be undertaken as soon as concerns are recognised, to enable early assessment and support. RESPONSE Importance of working in partnership 5.10.8 Each local authority is expected to agree a local protocol with Adults’ Social Care covering the circumstances described in these procedures. 5.10.9 All professional staff working with adults and children must share information and attend meetings in order to be able to assess risks. 5.10.10 Care programme meetings about parents who have mental health difficulties must include consideration of any needs or risk factors for the children concerned. Children’s Social Care along with other relevant agencies should be involved in planning discharge arrangements. 5.10.11 Where an adult, who is also a parent / carer, is deemed to be a danger to self or others by agency professionals, including Adults’ Social Care, a referral must be made to Children’s Social Care, who must be invited to any relevant planning meetings. SET LSCB PROCEDURES 2006 96 RECOGNITION OF ADDITIONAL VULNERABILITY 5.10.12 Strategy discussions and child protection conferences must include any health professional (psychiatrist, nurse, psychologist, therapist or Adult Mental Health Services AMHS – social worker) involved with the parent / carer. Where a parent / carer is receiving a service from AMHS, its CPA co-ordinator should be included. 5.10.13 Children’s Social Care may be requested to assess whether it is in the best interests of a child to visit a parent or family member in a psychiatric hospital (see 13.7 for procedures regarding high secure hospitals (Broadmoor, Ashworth and Rampton). 5.10.14 Psychiatric hospitals should have written policies, drawn up in consultation with Children’s Social Care about visits by children to patients, which should only take place following a decision (regularly reviewed) that such a visit would be in that child’s best interests. 5.10.15 Where there are child welfare concerns regarding visits to patients detained under the Mental Health Act, the Trust may ask Children’s Social Care to assess whether it is in the child’s best interests. 5.11 MIGRANT CHILDREN 5.11.1 The number of migrant children in the UK has increased in recent years. Some move here with family/relatives, with other adults and some arrive unaccompanied. Potential vulnerability of child 5.11.2 Some of these children are vulnerable for a variety of reasons. These may include: • Insecurity about their legal status, place of residence and carers • Separation from significant family members, sometimes against their will • Cultural and language difficulties • Trauma connected with previous experiences in countries of origin and the circumstances of their departure including child abuse, forced to become child soldiers, subjected to female genital mutilation 5.11.3 The child may have been moved illegally and be under severe pressure to give a false account of themselves or keep secrets. 5.11.4 Evidence shows that unaccompanied children or those accompanied by someone who is not their parent are particularly vulnerable. The children and many of their carers will need assistance to ensure the child receives adequate care and accesses health and education services. SET LSCB PROCEDURES 2006 97 RECOGNITION OF ADDITIONAL VULNERABILITY 5.11.5 The possibility that some of these children are, in fact, privately fostered should be borne in mind (see 5.9.10) and if suspected referred to Children’s Social Care. Principles underpinning agency practice 5.11.6 Key principles underpinning practice within all agencies in relation to unaccompanied children from abroad or those accompanied by someone who does not hold parental responsibility are: • Children from abroad are children first – this can often be forgotten in the face of legal and cultural complexities • Children arriving from abroad who are unaccompanied or accompanied by someone who is not their parent should be assumed to be children in need unless assessment indicates that this is not the case • Assessment of need should include a separate discussion with the child in a setting where, as far as possible, s/he feels able to talk freely • Assessing the needs of these children is only possible if their legal status, background experiences and culture are understood, including the culture shock of arrival in this country • The need to actively seek out information from other sources • An avoidance of ‘interrogating’ the child 5.11.7 Safeguarding and promoting the welfare of these children must remain paramount for all agencies in their dealings with this group. 5.11.8 When considering children and young people arriving from other countries all professionals should take account of: • Children Act 1989 • Working Together to Safeguard Children (2006) • Safeguarding Children Involved in Prostitution (DoH 2000) • Private Fostering Regulations (Children Act 1989 & regulations – see appendix 1 for leaflet outlining relevant responsibilities) • Operation Paladin (guidance to Police and social services in relation to children / young people arriving at Heathrow airport) • Child Protection Procedures (including 10.18 Trafficking) • The Health of Refugee Children: Guidelines for Paediatricians (Royal College of Paediatrics 1999) Responsibility for recognition of child in need / child in need of protection 5.11.9 All agencies in contact with the child must consider her/his welfare and whether s/he might be a child in need and justify a referral to Children’s Social Care (see module 4 Recognition & Response and 11.3 Indicators of Risk for Children & Families Moving Across Boundaries). SET LSCB PROCEDURES 2006 98 RECOGNITION OF ADDITIONAL VULNERABILITY 5.11.10 5.11.11 Such agencies include: • Immigration Services • Refugee Council • National Asylum Seekers Service (NASS) • Housing Services • Health Services • Children’s Services (Education) • Children’s Social Care When a professional becomes aware that a child / young person has arrived from abroad (directly or via another area of the UK) s/he should immediately make a referral to Children’s Social Care if: • There are concerns about her/his welfare • A child aged 0-15 inclusive is not living with a parent or close relative (grandparent, aunt, or uncle), or the professional has reasonable grounds to believe the adult caring for the child is not who s/he say s/he is (the child may be privately fostered – see 5.9.10 -16) • There are child protection concerns in relation to the child / young person (this could include issues of child sexual exploitation or child trafficking – see 10.16 or 10.18) • There is a lack of clarity regarding the status of the child / young person or the parents / carers appear deliberately evasive when seen by a professional 5.11.12 All children and young people need access to health and education services and some of those arriving from abroad may have additional health and education needs. 5.11.13 Awareness by any a professional that any child / young person is not accessing these services, should prompt discussion with the parent / carer and (where age appropriate) the individual in question about the benefits of school attendance and primary health care services, in particular: • Where a child is not registered with a GP / health visitor the professional should provide the parents / carers with details of their local surgery and inform them of the need for the child to be registered with health services: if they are resistant to this, a referral should be made to Children’s Social Care • Where a child of school age is not on a school roll parents / carers should be advised to apply for a school place: the professional concerned must also make a referral to the Principal Education Welfare Officer, Children’s Services (Education) so that any educational issues for the child can be pursued SET LSCB PROCEDURES 2006 99 RECOGNITION OF ADDITIONAL VULNERABILITY Children’s Social Care assessment 5.11.14 The Children’s Social Care receiving the referral must (at a minimum) undertake an Initial Assessment of any child in the category described in 5.11.11 above, if there are suspicions that s/he is suffering or likely to suffer significant harm. 5.11.15 Children’s Social Care should notify local health services and Children’s Services (Education) of such a child and as part of the Initial Assessment social workers and other practitioners should ensure that they: 5.11.16 • Use an interpreter if required, in accordance with 10.11 • See the child alone, where possible • Obtain a full history of the child/ren and carers including place of birth, date of birth, relationships, where the child has been living with addresses and any significant events • Obtain records from other agencies in this country • Seek information from equivalent agencies in country/ies where the child has lived -contact information can be obtained via the Foreign & Commonwealth Office (0207 008 1500), relevant Embassy or Consulate (see London Diplomatic List, ISBN 0 11 591772 1 from Stationery Office 0870 600 5522 or FCO www.fco.gov.uk ) • Contact International Social Services to establish if it has any information relating to the child / family • Understand what significant events have occurred in the child’s life, their impact and any consequent therapeutic needs Where assessment indicates that a child may be in need of protection, normal child protection procedures apply, but additional factors need to be taken into account including: • Perceptions of authority, the role of the Police in particular, and the level of fear which may be generated • Additional implications for a family where deportation is a real threat • Balancing the impact of separation on a child with the likely history of separation / disruption • Judgements about child care practices in the context of such different cultural backgrounds and experiences CHILD VICTIMS OF TRAFFICKING Definition 5.11.17 Trafficking is defined as ‘the recruitment, transportation, transfer, harbouring or receipt of persons by means of threat, or use of force or other forms of coercion for the purpose of sexual or commercial exploitation or domestic servitude’ (AFRUCA / NSPCC). SET LSCB PROCEDURES 2006 100 RECOGNITION OF ADDITIONAL VULNERABILITY 5.11.18 Trafficking in people involves a collection of crimes, spanning a variety of countries and involving an increasing number of victims, who experience considerable suffering. 5.11.19 Trafficking of children includes: 5.11.20 5.11.21 • Exploitation through force, coercion, threat e.g. prostitution and other forms of sexual exploitation, labour exploitation (including domestic service, sweatshop and restaurant work), begging, picking pockets, benefit fraud, drug mules, trade in human organs • Use of deception and human rights abuses e.g. debt bondage, deprivation of liberty and lack of control over one’s labour Children may be brought into the UK for the purposes of trafficking through various means including: • Unaccompanied asylum seekers, students, visitors • Adults accompanying the child and s/he is their dependent • Adults meeting child at airport claiming to be a relative • Internet transactions • Foster arrangements • Contracts as domestic staff • 16 or 17 year olds tricked into bogus marriages for the purpose of forcing them into prostitution Trafficking is not just about children being brought into the country for vice against their knowledge. Some children may be manipulated into believing that they will have the potential to earn money to send home to improve the lives of their families. Risk indicators 5.11.22 A number of factors may indicate that a child has been trafficked (although may alternatively / additionally suggest other concerns): • The child may present as unaccompanied or semi accompanied e.g. by person/s who are not the parents and with whom s/he appears to have a poor relationship or is unable to confirm which adult is going to accept responsibility for her/him • The child may go missing / missing for periods • There may be multiple use of the same address indicating it is an ‘unsafe house’ or that it is being used as a sorting house • The child has entered the country illegally • Contracts, consent and financial inducement with parents may become apparent • The child has exorbitant debts, perhaps for the travel costs, before being able to have control over her/his own earnings • The child hands over a large part of her/his earnings to another person SET LSCB PROCEDURES 2006 101 RECOGNITION OF ADDITIONAL VULNERABILITY • The child may hint at threats to family in her/his home country for non co-operation or disclosure • There may be talk of financial bonds and withholding of documents, • The child has a history with missing links and unexplained moves • The child is required to earn a minimum amount of money daily • The child works in various locations • The child has limited freedom of movement • The child is known to beg for money • The child is excessively afraid of being deported • The child had her/his journey or visa arranged by someone other than her/himself or her/his family and /or does not have possession of own travel documents • The child has false papers, and these have been provided by another person • False hopes of improvement in her/his life (escaping war, famine, poverty or discrimination) are expressed • The child has no money or other financial resources, but has a mobile phone • The person in control of the child has applied for visas on behalf of many others, or acts as guarantor for other visa applications • The person who guarantees the visa application has acted for other visitors who have not returned to their countries of origin on the expiry of the visa • The child is driven around by an older male / boyfriend • The child is withdrawn / refuses to talk • The child shows signs of sexual behaviour or language • The child shows signs of physical or sexual abuse, and/or has contracted a sexually transmitted disease • The child has not been registered with or attended a GP practice • The child has not been enrolled in school, or attends for a term or so before disappearing (schools need to look out for patterns or registration and de-registration) 5.11.23 Children are also trafficked for the purpose of domestic labour. These children may be less obvious, and their use to the family could more likely be picked up during a private fostering assessment, or when someone notices that they are living at a house, but not in school etc. 5.11.24 Trafficked children who need healthcare are more likely to be seen at hospital EDs or minor injury units, than by primary care services. Reception staff need to be alert to inconsistencies in addresses, deliberate vagueness and children or carers being unable to give details of next of kin, names telephone numbers etc. SET LSCB PROCEDURES 2006 102 RECOGNITION OF ADDITIONAL VULNERABILITY 5.11.25 When children or their carers give addresses in other countries, with the information that the child is resident outside of the UK, reception staff should always record the current holiday address as well as the home address in the other country. 5.11.26 Staff need to be alert to ‘local holiday’ addresses in case patterns emerge that would suggest large numbers of children moving in and out of one address. Home visitors such as health visitors and nurses who may follow up visits to hospital EDs, should also be alert to the moving in and out and rapid turnover of different children to any one address. 5.11.27 Child protection procedures should always be applied where there is suspicion that a child may be being trafficked and the Police or Children’s Social Care must be informed (see additional procedures: Trafficking & Exploitation 10.18) . 5.11.28 For helpful additional guidance see the Trafficking Toolkit (www.crimereduction.gov.uk/toolkits/) . 5.12 NON COMPLIANCE INTRODUCTION 5.12.1 A feature in some serious case reviews has been the lack of cooperation and/or hostile attitude of parents / carers. 5.12.2 When there are child welfare / protection issues, a failure to engage with the family may have serious implications and non-intervention is not an option. DEFINITION 5.12.3 Parents may present in a number of ways and their behaviour can be demonstrated on a continuum from hostility, threats and violence through to superficial and ineffective compliance. 5.12.4 Such behaviour includes: • Ignoring advice / role of the professional • Interpreting / minimising the child’s needs • Non attendance at medical appointments • Effectively preventing the child seeing the professional (this may be blatant or parents may agree to an appointment, but then ensure it does not occur) • Controlling discussion • Preventing meaningful contact with other parent / carer • Moving away SET LSCB PROCEDURES 2006 103 RECOGNITION OF ADDITIONAL VULNERABILITY • Manipulating and splitting professional relationships • Subverting change • Diverting discussions into arguments over e.g. the agenda • Use of complaints • Aggression and threats, including use of dogs • Evidence of implements of violence e.g. knives • Known history of actual violence RESPONSE Good practice 5.12.5 It is helpful to be clear from the outset about what is known about the family and parents / carers, so as to assess both risks and potential strategies e.g. parents with learning difficulties or mental illness may need to have information, advice and expectations conveyed in an alternative way, possibly working with specialist colleagues. 5.12.6 Any written multi-agency plan e.g. child’s plan or child protection plan must be reviewed regularly, use measurable objectives within timescales and specific outcomes, and have a clearly stated contingency plan. 5.12.7 Communication should be clear, so as to ensure that non compliance is not caused by any misunderstanding. 5.12.8 Where there are child protection concerns parents / carers will need to understand that lack of co-operation is unacceptable, although there may be some flexibility of the degree and type of co-operation. 5.12.9 It will be helpful to establish trust through active engagement, acknowledgement that the family may see things differently and demonstrating a respect for its views, whilst confronting inappropriate attitudes. 5.12.10 All decisions and communications must be recorded clearly and shared. 5.12.11 Staff must recognise when the family is not engaging so as to avoid collusion or avoidance – early recognition of family resistance and failure to achieve progress with plans and agreements for the child is critical. 5.12.12 Supervision should be used to explore the dynamics of any hostility or non-compliance and plan how best to address the situation including possible specialist assessments. 5.12.13 A manager must be consulted if access is ever denied. SET LSCB PROCEDURES 2006 104 RECOGNITION OF ADDITIONAL VULNERABILITY Effect of non-compliance or hostility 5.12.14 Where non co-operation is an issue, it is important to appreciate the significance for the child living in the family i.e. it will enhance the parent / carer’s power and control and the child may fear reprisals if s/he were to speak to professionals. 5.12.15 Workers may feel extremely vulnerable when visiting hostile families, especially those who challenge effectively and are perceived as a threat. 5.12.16 Professionals may end up putting more effort into dealing with the resistance, than addressing the real problems for the child/ren. Action to take when non-compliance or hostility is recognised 5.12.17 Professionals should, without delay report non compliance with any aspect of a child protection plan to their managers and to the social worker. 5.12.18 Children’s Social Care 1st line manager should convene a multiagency meeting. Sharing strategic approaches across agencies may assist in forming an action plan, in accordance with information sharing arrangements. 5.12.19 The multi-agency meeting should address the non co-operation in the context of the child’s written plan. Depending on the circumstances this meeting could be: 5.12.20 • The 1st meeting which will devise the plan • A review multi-agency meeting, brought forward if necessary • A professional strategy discussion where there are child protection implications that may need to be addressed by a s.47 enquiry or initial child protection conference • A core group meeting brought forward if necessary • A review child protection conference, brought forward if necessary Possible strategies may include: • Joint visiting with colleagues within the agency or other professionals (requesting help from Police if there is a physical risk) • Exploring the possibility of engaging other non hostile members of the family, if this does not increase the risk to anyone • Children’s Social Care holding a legal planning meeting to clarify options available e.g. Child Assessment Order, interim Care Order SET LSCB PROCEDURES 2006 105 RECOGNITION OF ADDITIONAL VULNERABILITY When there are actual threats or incidents of violence 5.12.21 Where there are actual threats or incidents of violence the incidents must be reported to the 1st line manager immediately and local procedures followed for ‘Violence at work’ in relation to supervision, support, recording and reporting incidents to the Police. 5.12.22 Any response must take account of: • Risks to children and other family members • Personal safety issues for staff 5.12.23 The experience of violence or threats to staff should be used as evidence of the situation of the family and included in assessments of the child’s circumstances. 5.12.24 Violence towards staff is a multi-agency issue, involving potential risks to staff of other agencies. If one agency has information that a parent / carer is known to be violent it has a responsibility to alert other agencies of the risks posed by that person. 5.13 PARENTAL CONTROL ISSUES 5.13.1 When children are brought to the attention of Police or community because of behaviour problems, this may indicate vulnerability, poor supervision or neglect. 5.13.2 It is important to consider if these are children in need and if multiagency support should be provided. 5.13.3 A range of powers should be used to engage families to improve the child’s behaviour if this cannot be secured on a voluntary basis. 5.13.4 The Child Safety Order (CSO) is a compulsory intervention available below the significant harm threshold, designed to assist the child improve her/his behaviour and is likely to be used alongside other methods of intervention with the family. The local authority can apply for a CSO where: 5.13.5 • A child has committed an act which would have been an offence if s/he were aged 10 or above • It is necessary to prevent such an act • The child has caused harassment, distress or harm to others A Parenting Order can be made alongside a CSO or when a CSO is breached. This is designed to engage with and support parents, whilst helping them to develop their ability to undertake parental responsibilities. SET LSCB PROCEDURES 2006 106 RECOGNITION OF ADDITIONAL VULNERABILITY 5.14 PARENTAL INVOLVEMENT IN PROSTITUTION 5.14.1 5.14.2 Involvement of family members in prostitution does not necessarily mean children will suffer significant harm and the risks to the children in these circumstances come from the following potential sources: • Exposure of the child to unsuitable adults and sexual activity / materials, especially if the parent works from home • Being left alone whilst the parent is working • Being left with responsibility for younger siblings • Inconsistent care – e.g. if the parent is imprisoned • Factors associated with drug / alcohol misuse and /or mental health difficulty The standard child protection procedures described in modules 4, 6, and 7 apply in these circumstances 5.15 PARENTAL LEARNING DISABILITY Definition 5.15.1 Some people with ‘learning disabilities’ prefer to refer to themselves as having learning difficulties; other people have difficulties in learning but do not meet the core criteria for an individual to be described as ‘learning disabled’. The term ‘learning disability’ does not therefore describe a homogenous group. 5.15.2 For the purposes of these procedures, ‘parental learning disability’ refers to adults who are, or may become parents / carers for children and who meet the 3 core criteria which describe an individual as ‘learning disabled’, i.e: • Significant impairment of intellectual functioning: individuals with an IQ of 69 and below (reference: British Psychological Society and legal system) – this is not a hard and fast rule; overall IQ scores can be subject to interpretation either way for a variety of clinical reasons – interpretations of psychometric test scores are the remit of a chartered psychologist • Significant impairment of adaptive / social functioning: i.e. how an individual copes with every-day demands of community living; impairment of adaptive / social functioning might be considered to be present if s/he needs assistance with survival (eating, drinking, clothing, hygiene and provision of basic comforts) or with social problem solving and social reasoning • Age of onset before adulthood: in order for an individual to be considered as ‘learning disabled’, impairment i.e. of intellectual adaptive / social functioning usually needs to have been present before the age of 18 years SET LSCB PROCEDURES 2006 107 RECOGNITION OF ADDITIONAL VULNERABILITY Recognition of learning disability 5.15.3 It is not always clear whether or not a parent / carer has a learning disability, and the following may assist recognition: • Reference to medical records can offer evidence • Reference to educational records (where it is less than 5 years since leaving school) can also provide evidence e.g. Statement of Special Education Needs • Personal history involving attendance at special schools • Severe difficulties with literacy and/or numeracy • Enquiries made of the learning disability register maintained by Adult Social Care • A referral to a clinical psychologist 5.15.4 As with any parent, the ability of those who have a learning disability to provide a reasonable standard of care will depend on their own individual abilities, circumstances and the individual needs of the particular child. 5.15.5 Learning disabled parents may also experience additional stressors e.g. having a disabled child, domestic violence, poor physical or mental health, substance misuse, social isolation, poor housing, poverty and a history of growing up in care. Such stressors, when combined with parental learning disability, are more likely to lead to concerns about the care of children. 5.15.6 Parents with a learning disability may therefore need positive ‘whole family’ support to develop sufficient understanding, resources, skills and experience to meet the needs of their child. With effective, sustained support over time adjusted to meet the changing developmental needs of a growing family, learning disabled parents are potentially able to provide good enough care (see www.scie.org.uk/publications/briefings/briefing14/ or recent research cited at www.bris.ac.uk/Depts/NorahFry/ 5.15.7 Para. 9.21 of Working Together to Safeguard Children 2006 reminds professionals that children of parents with learning disabilities are at increased risk from inherited learning disability and more vulnerable to psychiatric disorders and behavioural problems. 5.15.8 Children of parents with learning disabilities may assume some level of responsibility of looking after their parent and /or siblings, one or more of whom may be learning disabled. 5.15.9 Individuals who may pose a risk to children sometimes target parents with learning disabilities; in these situations the children could be vulnerable to abuse and neglect. SET LSCB PROCEDURES 2006 108 RECOGNITION OF ADDITIONAL VULNERABILITY Pre-birth need for multi-agency support 5.15.10 It is important to assess the needs and provide support for learning disabled parents as early as possible. To ensure that parents are able to understand what is happening and why, and are able to participate meaningfully, consideration should be given to the involvement of an advocate. 5.15.11 The GP and midwife must make referrals to the community team for people with learning disabilities for a joint assessment of the pregnant woman’s needs, capacity for self care and to provide adequate care for the baby. This assessment should consider the nature of any support available from family and partner, taking advice from the community team for people with learning disabilities (CTPLD). 5.15.12 If any professional or agency has any concerns about the capacity of the pregnant woman and her partner to self-care and/or to care for the baby, a referral should be made to Children’s Social Care in line with pre-birth procedures. 5.15.13 Subsequent assessment should be in accordance with pre-birth procedures, but the involvement of the CTPLD is essential. Post birth of child 5.15.14 Where evidence of a learning disability is present in one or both parents, the paramount consideration of all the agencies will be the welfare and protection of the child/ren with each service providing assessment and support directed at the family members identified as the primary focus of that service’s provision. 5.15.15 If any professional or agency has any concerns about the capacity of the parent/s to self-care and/or to care for the child, a referral should be made to Children’s Social Care in line with normal procedures described in module 6. 5.15.16 The response should be the same as for any other child, using the Assessment Framework to consider the extent of child/ren’s vulnerability. Additional specialist assessments may be helpful in determining how best to help support parents. The paramount consideration must be the welfare of the child/ren. 5.15.17 Assessments of learning disabled parents will need to integrate specialist assessment functions provided by the CTPLD, Adults’ Social Care and health services. 5.15.18 Additional support to child protection professionals in the way of consultation and/or supervision may also be available from specialist adult services both within Children’s Social Care, CTPLD and elsewhere in health in particularly complex cases. SET LSCB PROCEDURES 2006 109 RECOGNITION OF ADDITIONAL VULNERABILITY 5.15.19 Parents with learning difficulties are likely to require long term support to be able to meet their child’s needs. Where this cannot be provided within the family or community, the parent is likely to require support from professionals. Working Together to Safeguard Children 2006 para. 9.25 refers to a study that found that group education combined with home based support increased parenting capacity. 5.15.20 Further practice guidance on this subject is available in Referral & Joint Working Arrangements for Working with Parents and Carers who Have a Learning Disability Essex County Council March 2006. 5.16 PARENTAL PHYSICAL & SENSORY DISABILITY 5.16.1 Though there is no evidence to suggest that physical or sensory disability should be a child protection issue, research does indicate that parents who have such impairments can experience great difficulty in performing a range of domestic and child care tasks. 5.16.2 Individual / personal factors, levels of support from family, poverty and the degree of social exclusion all impact upon an individual’s ability to offer ‘good enough’ parenting. 5.16.3 If a disabled parent cannot fulfil their role and parent to their own and others’ satisfaction, it may affect their self-esteem and self image and in turn generate feelings of anxiety, frustration and guilt. 5.16.4 The principal challenges experienced by such parents are those created by inaccessible environments and forms of communication. 5.16.5 Research indicates that one of the main barriers to the provision of support to parents with physical or sensory impairments is tension in the organisational responsibilities of adults and children’s services. Each tends to focus exclusively on the needs of the individual adult or child respectively and the needs of the ‘parent / family’ are lost. 5.16.6 A ‘whole family’ approach that seeks to address the needs of the parent and child together is likely to be of most use and Children’s Services staff should (in conjunction with parents and their advocates) work closely with colleagues in adults and health services to support individuals to fulfil their parental role. 5.16.7 The following factors associated with the child may justify a referral to Children’s Social Care for an assessment of the child’s needs: • A child acting as a young carer for a parent or sibling (see 5.24) • Child having restricted social and recreational activities • Child’s physical and emotional needs neglected SET LSCB PROCEDURES 2006 110 RECOGNITION OF ADDITIONAL VULNERABILITY 5.16.8 • Impact has been observed on child’s growth, development, behaviour and/or mental / physical health, including alcohol / substance misuse and self- harming behaviour • The parent / carer’s needs or illnesses taking precedence over the child’s needs • Insufficient alternative care for the child within extended family to prevent harm For further practical guidance, see: • SCIE’s briefing paper number 13 February 2005 ’Helping parents with a physical or sensory impairment in their role as parents’ www.scie.org.uk • Referral & Joint Working Arrangements for Parents and Carers who Have a Physical or Sensory Disability (Essex County Council March 2006) 5.17 PARENTAL SUBSTANCE MISUSE (INC. IN PREGNANCY) RECOGNITION 5.17.1 Parental misuse of drugs or alcohol becomes relevant to child protection when the misuse of the substances impacts on the care provided to their child/ren. 5.17.2 Substance misuse may include experimental, recreational, polydrug, chaotic and dependent use of alcohol and / or drugs. 5.17.3 Misuse of drugs (prescribed and illegal) and/or alcohol is strongly associated with significant harm to children, especially when combined with other features such as domestic violence, mental illness. 5.17.4 Non-compliance with treatment may also indicate a potential risk to children in the family. 5.17.5 The risk to child/ren may arise from: • Use of the family resources to finance parents’ dependency, characterised by inadequate food, heat and clothing for the children • Exposing children to criminal or other inappropriate adult behaviour • Unsuitable care givers (whilst parent incapacitated or away seeking substances) or visitors (customer or dealers) • Being passengers in a car being driven by a driver who has been drinking or using drugs SET LSCB PROCEDURES 2006 111 RECOGNITION OF ADDITIONAL VULNERABILITY • Effects of alcohol or drugs which may lead to dis-inhibited behaviours e.g. inappropriate display of sexual and/or aggressive behaviour • Chaotic substance misuse which may lead to increased irritability, emotional unavailability, irrational behaviour and reduced parental vigilance • Withdrawal symptoms including mood disturbances • Unsafe storage of drugs or injecting equipment • A lack of routine and stability • Adverse impact of growth and development of an unborn child • Increased risk of the child developing alcohol and drug use problems themselves (and associated risks of unwanted sexual encounters and injuries through fighting / accidents) IMPORTANCE OF WORKING IN PARTNERSHIP 5.17.6 Working in partnership across agencies and services is vital for an effective assessment of risk and to ensure the safety of child/ren. 5.17.7 Where there are concerns for a child / unborn baby, staff in drug and alcohol services must exchange information (including noncompliance with treatment) with Children’s Social Care social workers, GPs, health visitors, school nurses and midwives in order to be able to assess risks for the unborn baby and child. 5.17.8 Any care programme professionals meetings regarding drug or alcohol misusing parents must include consideration of any needs or risk factors for the children concerned. Children’s Social Care must be given the opportunity and should contribute to such discussions. 5.17.9 Strategy discussions and child protection conferences must include workers from any drug and alcohol service involved with the family in question. DURING PREGNANCY 5.17.10 All professionals working with pregnant women should be familiar with the parts of this manual addressing pre-birth vulnerability (5.18) and additional procedures (10.15) as well as the Multi-agency Drug and Alcohol Misuse in Pregnancy guidelines January 2006. 5.17.11 A referral for assessment must be made to Children’s Social Care at the earliest opportunity (and no later than the 12th week of pregnancy wherever possible) if any of the following criteria are met: • A previous child has been removed or is living permanently with another carer • The pregnant woman has been using heroin or comparable substances for a significant period SET LSCB PROCEDURES 2006 112 RECOGNITION OF ADDITIONAL VULNERABILITY 5.17.12 • The woman is continuing to use heroin or misuse methadone and making insufficient preparations for her baby’s arrival • The woman misuses multiple drugs • The woman misuses alcohol • The family’s lifestyle is known or reported to be chaotic and / or unhygienic • Another member within the household is known or reported to be involved in significant substance misuse • Absence of extended family / friends able to provide extensive support to the substance misusing prospective parent/s Concerns should be shared with prospective parent/s and consent obtained to refer to Children’s Social Care unless this action in itself may place the welfare of the unborn child at risk (see 4.5.26 - 34 Parental Consultation). BABIES DISPLAYING WITHDRAWAL SYMPTOMS / FOETAL ALCOHOL SYNDROME 5.17.13 Where a baby is born and displays (immediately or later) symptoms of withdrawal or of foetal alcohol syndrome, midwives / paediatric consultant must refer the baby to Children’s Social Care within 1 working day. 5.17.14 Unless the baby is already the subject of a child protection plan, a strategy discussion should be held with CAIU, medical professionals and any other relevant professionals prior to discharge. 5.17.15 This discussion will need to decide and plan: • Assessments to be initiated, including any need to initiate s.47 enquiries • If it is safe for the baby to be discharged / remain at home • Health and Children’s Social Care provision of support and monitoring • Arrangements for notification of discharge from hospital – (Children’s Social Care should, so as to ensure effective further planning, be given as much notice as possible of the baby’s discharge) 5.18 PRE-BIRTH 5.18.1 UK law does not afford legislative rights to an unborn baby. In some circumstances though, agencies or individuals are able to anticipate the likelihood of significant harm with regard to the, as yet unborn baby. SET LSCB PROCEDURES 2006 113 RECOGNITION OF ADDITIONAL VULNERABILITY 5.18.2 Concerns should be addressed as early as possible to maximise time for: • Full assessment, including establishing whereabouts of any previous children • Enabling a healthy pregnancy • Supporting parents so that (where possible) they can provide safe care RECOGNITION 5.18.3 Where agencies or individuals anticipate that prospective parents may need support services to care for their baby or that s/he may be at risk of significant harm, a referral to Children’s Social Care must be made at the earliest opportunity. 5.18.4 Referral must always be made in any of the following circumstances: • There has been a previous unexpected or unexplained death of a child whilst in the care of either parent • A parent or other adult in the household is a person identified as presenting a risk, or potential risk, to children • Children in the household / family currently subject to a child protection plan or previous child protection concerns • A sibling (or other child in the household of either parent) has previously been removed either temporarily or by court order • There is knowledge of parental risk factors including mental illness, domestic violence, substance misuse (see module 5) • Concerns exist about parental ability to self care and/or to care for the child e.g. unsupported young or learning disabled mother • There are maternal risk factors e.g. denial of pregnancy, avoidance of antenatal care (failed appointments), non-cooperation with necessary services, non compliance with treatment with potentially detrimental effects for the unborn baby • Any other concern exists that the baby may be at risk of significant harm 5.18.5 Where the concerns centre around a category of parenting behaviour e.g. substance misuse, the referrer must make clear how this is likely to impact on the baby and what risks are predicted. 5.18.6 Delay must be avoided when making referrals in order to: • Provide sufficient time to plan for the baby’s protection • Provide sufficient time for a full and informed assessment • Avoid initial approaches to parents in the last stages of pregnancy, at what is already an emotionally charged time SET LSCB PROCEDURES 2006 114 RECOGNITION OF ADDITIONAL VULNERABILITY 5.18.7 • Enable parents to have more time to contribute their own ideas and solutions to concerns and increase the likelihood of a positive outcome to assessments • Enable the early provision of support services so as to facilitate optimum home circumstances prior to the birth Concerns should be shared with prospective parent/s and consent obtained to referral unless this might place the welfare of the unborn child at risk (see 4.5.26- 34 Parental Consultation). RESPONSE 5.18.8 Health professionals in contact with pregnant women should routinely assess the needs of the mother and the unborn baby. The midwife should refer to the health visiting service by 24 weeks gestation and a joint assessment e.g. a common assessment framework – CAF undertaken between the midwife, health visitor and other professionals involved with the family. 5.18.9 At any stage professionals may wish to consult with Children’s Social Care about the appropriateness of a referral (see 4.5.11 - 13). 5.18.10 If any of the circumstances described in 5.18.4 apply a referral must be made to Children’s Social Care immediately. See 10.15 for additional pre-birth procedures. 5.19 RACIAL OR RELIGIOUS HARASSMENT 5.19.1 Children and families from black or ethnic minority groups may have experienced harassment, racial and / or religious discrimination and institutional racism. Racial harassment exists in many forms, from subtle discrimination to violent physical abuse. 5.19.2 Racial harassment of children can have long term damaging effects on all the dimensions of the child’s growth and development, and prevent them from achieving their full potential. 5.19.3 Families may suffer religious and/or racial harassment sufficient in frequency and seriousness to undermine parenting capacity. In responding to concerns about children in the family, full account needs to be taken of this context and every reasonable effort made to end the harassment. 5.19.4 Experience of racism and religious harassment is likely to affect how a child and family behave, in particular in response to assessment and enquiry processes. 5.19.5 Effects of racism and religious harassment vary for different communities and individuals, and should not be assumed to be uniform. SET LSCB PROCEDURES 2006 115 RECOGNITION OF ADDITIONAL VULNERABILITY RESPONSE 5.19.6 It is vital that neutral, high quality gender-appropriate translation or interpretation services are used when working with children and families whose preferred language is not English (see 10.11 Interpreter, Signer or Others with Special Communication Skills). 5.19.7 All professionals have a responsibility to recognise racial and religious harassment. Failure to protect a child from racism or religious harassment (whether it originates from within or outside of the family) or take action when racism or religious harassment is being alleged is likely to undermine all other efforts being made to safeguard or promote the welfare of the child. 5.19.8 Racism and racial harassment may involve an allegation of crime e.g. assault and harassment and should be reported to the Police at the earliest opportunity. 5.19.9 Racism and racial harassment can cause significant harm and should be referred to Children’s Social Care when significant harm is suspected. 5.19.10 Children’s Social Care and the Police must respond effectively when incidents of racial or religious harassment and attacks place a child at risk of significant harm. Incidents must be investigated with the same priority as in other child protection cases. 5.19.11 Where a child has been racially victimised by social housing tenants, the responsible association / council must take all legal steps to remove the perpetrators, rather than the victims (unless the victim wishes to be moved). 5.20 SELF HARM DEFINITION 5.20.1 Self harm, self mutilation, eating disorders, suicide threats and gestures by a child must always be taken seriously and may be indicative of a serious mental or emotional disturbance. RECOGNITION 5.20.2 In most cases of deliberate self harm the young person should be seen as a child in need and offered help via available services – GP, child & adolescent mental health service (CAMHS) or other therapeutic services e.g. paediatric or psychiatric services. 5.20.3 The possibility that self-harm, including a serious eating disorder, has been caused or triggered by any form of abuse or chronic neglect should not be overlooked. SET LSCB PROCEDURES 2006 116 RECOGNITION OF ADDITIONAL VULNERABILITY 5.20.4 The above possibility may justify a referral to Children’s Social Care for an assessment as a child in need and/or in need of protection. A staff member who is in doubt about the required response should seek advice from her/his named child protection co-ordinator or designated person. 5.20.5 Consideration must also be given to protect children who engage in high risk behaviour which may cause serious self injury such as drug or substance misuse, running away, partaking in daring behaviour i.e. running in front of cars etc, all of which may indicate underlying behavioural or emotional difficulties or abuse. RESPONDING TO INCIDENTS OF SELF HARM 5.20.6 It is good practice, whenever a child or young person is known to have either made a suicide attempt or been involved in self harming behaviour, to undertake a multi-disciplinary risk assessment, along with an assessment of need. Child presented at school or to primary health care team (PHCT) 5.20.7 The school / PHCT should make a professional judgment about the level of intervention required to appropriately support the child / young person, based upon the level of self-harming and what is already known about her/him. The school / relevant health care professional should make a decision about services / resources that will best meet perceived need and where there are concerns that the child / young person may be in need of protection, normal child protection procedures must be followed. 5.20.8 Where the school has become aware of an incident of self harming, information should also be passed to the school nurse to liaise with the child’s GP as necessary. Child referred to Children’s Social Care 5.20.9 In all cases where self harm has caused physical injury or attempted suicide is suspected or known, urgent medical advice should be sought from the local hospital ED. 5.20.10 For cases where self harm has been referred but the child is not in immediate danger or requiring immediate medical treatment, an Initial Assessment should be undertaken to determine what course of action should follow. This should include consideration of a referral to CAMHS and s.47 enquiries. 5.20.11 In all cases an assessment should consider whether: • There is evidence that parents / carers are doing all that might reasonably be expected to safeguard the child’s welfare • There is evidence parents / carers are failing to protect the child from harm or to diminish the risks of further attempts at harm SET LSCB PROCEDURES 2006 117 RECOGNITION OF ADDITIONAL VULNERABILITY • The child is exhibiting behaviour beyond the control of her/his parent / carer and s/he continues to self harm or attempt suicide • The child is too young or has learning difficulties and is unable or does not give an explanation that is consistent with self harming • The child is being harmed or suspected of being harmed by another adult or child – this may include injury from a sibling or severe bullying by other children or situations where the child is a witness to or the subject of domestic violence • Following an assessment, there is significant concern that the child’s family circumstances would continue to place her/him at risk of significant harm • There is a need to formulate a child in need (CIN) or child protection plan in order to safeguard and promote the child/young person’s welfare Child presented at hospital 5.20.12 Where the child has presented at hospital, the doctor should undertake a preliminary examination and decide what further assessment is required. 5.20.13 In cases of attempted suicide or serious self-harm, a hospital admission will usually be arranged to enable a psycho – social assessment, which should consider whether or not the child is at risk of significant harm and the need to refer to Children’s Social Care for assessment. 5.20.14 Where a child has been hospitalised as a result of self-harm, discharge should involve co-ordinated planning with community services, including Children’s Social Care (see also 10.10) and CAMHS. In the event that the child refuses to remain in hospital, relevant services should be notified on a case by case basis. 5.21 SOCIAL EXCLUSION 5.21.1 Many families who seek help for their children, or about whom others express concern, are multiply disadvantaged and face chronic poverty and social isolation. Additionally they may experience problems associated with living in disadvantaged areas, e.g. high crime rates, poor housing childcare and transport and educational services, as well as limited employment opportunities. Many lack a wage earner. 5.21.2 Racism and racial harassment may provide further stress to families in these circumstances. 5.21.3 Poverty may mean the children live in crowded or unsuitable accommodation, have poor diets, health problems or a disability, are vulnerable to accidents and may lack ready access to educational and leisure facilities. SET LSCB PROCEDURES 2006 118 RECOGNITION OF ADDITIONAL VULNERABILITY 5.21.4 Children may be indirectly affected through the association of this social exclusion with parental depression, learning disability and long term health problems. 5.21.5 Agency assessments should consider the role of all agencies in providing support to the excluded child and family. Referrals to Children’s Social Care should be made if the cumulative impact of the child’s circumstances indicates that s/he is a child in need or is suffering / at risk of suffering significant harm. 5.22 SURROGACY 5.22.1 If hospital staff become aware that a baby who is about to be, or has just been born is the product of ‘commissioning’ and have grounds to doubt the commissioner/s’ identity, suitability to care for the baby, or suspect any coercion, they should contact Children’s Social Care. Payment beyond reasonable expenses is unlawful and where it is believed an offence might be or has been committed CAIU should be alerted. 5.22.2 Children’s Services’ responses should be proportionate to what are likely to be very individual circumstances and legal advice will almost certainly be required. 5.23 TEMPORARY ACCOMMODATION & TRANSIENT LIFESTYLES 5.23.1 Placement in temporary accommodation, often at a distance from previous support networks, can lead to individuals and families falling through the net and becoming disengaged from health, education, social and welfare support systems. 5.23.2 Some families who have experienced homelessness and are placed in temporary accommodation by local authorities in response to their homelessness duties can have very transient lifestyles. 5.23.3 Some families in which children are harmed move home frequently avoiding contact with caring agencies, so that no single agency has a complete picture of the family. 5.23.4 Along with the indicators of risk in 4.4, the following circumstances associated with some mobile families are a cause for concern: • Child/ren not consistently registered with a GP • Child/ren attending hospital EDs frequently for treatment, rather than engaging with primary health services • Child/ren missing from a school roll, or persistently not attending • Information patch worked across a network of agencies with no single agency holding the whole picture of a family history SET LSCB PROCEDURES 2006 119 RECOGNITION OF ADDITIONAL VULNERABILITY 5.23.5 Local agencies and professionals, working with families where there are outstanding child welfare concerns, must bear in mind unusual extended non-school attendance, missed appointments, or abortive home visits, may indicate that the family has moved out of the area. 5.23.6 This possibility must also be borne in mind when there are concerns about an unborn child who may be at future risk of significant harm. 5.23.7 Additional procedures are contained in module 11 (Children & Families Moving Across Boundaries) and 10.13 (Missing & Transient Child, Adult or Family). 5.24 YOUNG CARERS DEFINITION 5.24.1 5.24.2 A ‘young carer’ is a individual aged under 18 who has a responsibility for providing primary or secondary care, on a regular basis for a relative (very occasionally a friend) whose needs may arise from: • Physical or sensory disability • Learning disability • Mental health related difficulty • Chronic or terminal illness or • Misuse of drugs or alcohol Young carers are frequently involved in shopping, cooking, cleaning, ironing, washing clothes, budgeting the household income and nursing responsibilities including provision of intimate personal care, as well as emotional support. RECOGNITION 5.24.3 Research suggests there may be up to 40,000 young carers in the UK, a significant proportion in single parent households and/or those where adults are experiencing mental health difficulties or alcohol dependence. 5.24.4 Every young carer is an individual, coping in different circumstances with different levels of ability. However, research suggests potential consequences including problems in development / transition to adulthood (growing up too quickly can often bring a degree of resentment in later life along with difficulties in forming relationships), and educational, social, emotional, physical and financial effects. 5.24.5 Thus, many young carers experience: • Low levels of school attendance and some educational difficulties • Social isolation and conflict between family loyalty and their own needs SET LSCB PROCEDURES 2006 120 RECOGNITION OF ADDITIONAL VULNERABILITY 5.24.6 It can be difficult to identify young carers and their families because many will remain silent about their situation as a result of fear that not so doing may result in the family being split up. This fear is manifested particularly with families from a minority ethnic background or new arrivals to the U.K. RESPONSE 5.24.7 All agencies in contact with young carers should consider if those individuals are in need of support services in their own right. 5.24.8 Children’s Social Care should consider whether any provisions of the Children Act 1989 or Carers (Recognition and Services) Act 1995 need to be applied. 5.24.9 The extent and effect of caring responsibilities may satisfy the criteria of s.17 (1) Children Act 1989 for ‘children in need’ i.e. where a child is ‘unlikely to achieve or maintain a reasonable standard of health or development’ because of those responsibilities. 5.24.10 If any agency is concerned that the young carer is at serious risk of neglect, abuse or harm, this must be referred to Children’s Social Care and if appropriate, a strategy discussion held. 5.24.11 Unless there is reason to believe it would put her/him at risk, a young carer should be told if there is a need to make a referral. If possible, the young carer’s consent should be sought through a discussion of why the referral must be made and possible outcomes. 5.24.12 In those situations where the child does not give consent, but it is still considered necessary to make a referral, s/he should be kept informed of all decisions made, and offered support throughout. 5.24.13 Responses should be the same as for any other child and no additional procedures apply. SET LSCB PROCEDURES 2006 121 REFERRAL 6 & ASSESSMENT REFERRAL & ASSESSMENT 6. 1 INTE G R A TE D C HILDRE N’S S Y S TE M & AS S E S S ME NT FR A ME WO R K 6.1.1 The Integrated Children’s System (ICS) incorporates and is based on the same conceptual framework as the Framework for Assessing Children in Need and their Families (the ‘Assessment Framework’). 6.1.2 This Assessment Framework provides a systematic multi-agency approach to record and analyse what is happening to children and young people within their families and the wider context of the community in which they live. 6.1.3 The framework provides a standardised approach to referral and assessment process in Children’s Social Care and all referrals are subject to this screening and assessment process. 6.1.4 Staff in all agencies should be aware of this framework and what it might mean in terms of their contribution to assessments of children in need. Where a Common Assessment Framework (CAF) (see 4.5.3 - 9) is in progress or has been completed, this should be provided so as to inform Children’s Social Care’ Initial Assessment. 6.1.5 The Assessment Framework captures and analyses information through: 6.1.6 • An initial consideration (or screening) of a referral (see 6.3) • An Initial Assessment (see 6.4) and • A Core Assessment (see 6.5) These assessment stages involve gathering and analysing information about the 3 domains of the assessment framework: • Children’s developmental needs • Parents’ or caregivers’ capacity • Impact of the wider family and environmental factors 6.1.7 At all stages of referral and assessment, consideration must be given to issues of diversity, so that the impact of cultural expectations and obligations are understood. 6.1.8 It is vital that where there are any communication difficulties an interpreter is used. This applies to families who may speak English adequately for day to day interactions, but whose linguistic abilities may be insufficient to understand sensitive and complicated discussions about parenting and the needs of their children (see 10.11 Interpreters, Signers & Others with Special Communication Skills). SET LSCB PROCEDURES 2006 122 REFERRAL & ASSESSMENT 6.1.9 Some families have little knowledge of the law with regard to the power of the State to intervene in the area of child welfare and may need help to appreciate its implications for their child/ren. 6.1.10 Throughout the assessment processes, the safety of the child remains paramount at all times and in all circumstances. 6.1.11 The assessment process in Children’s Social Care determines whether a referral should be responded to as a child in need of support (s.17 Children Act 1989) or additionally as a child in need of protection (s. 47 Children Act 1989). 6.1.12 Concerns about vulnerable adults that may arise during the assessment process (or at any point in Children’s Social Care intervention) should be referred to Adults’ Social Care. 6.1.13 Incidents of abuse and neglect within families are on a continuum and situations where abuse is developing can, at times, be resolved by support services outside the child protection procedures. 6.1.14 The result of the assessment may inform a child in need plan, which may include multi-agency planning meetings and / or a family group conference (FGC) and other service provision to support the child and their family (see module 9). LINK WITH CHILD PROTECTION ENQUIRIES 6.1.15 A decision to initiate a child protection enquiry (s.47 enquiry) may be taken at any time, when the criteria are satisfied. The particular procedures involved are included in module 7. 6.1.16 S.47 enquiries can be an outcome of an Initial Assessment completed within 7 working days. The process may be very brief if criteria are met e.g. a family is well known to Children’s Social Care, or the facts clearly indicate a need for a s.47 enquiry. 6.1.17 A Core Assessment should be commenced following the strategy meeting / discussion initiating the s.47 enquiry (see 7.8). 6.1.18 The decision to take emergency action to provide immediate protection for the child may also be taken at any time there is evidence that the risk to the child is sufficiently acute (see 7.6). 6.1.19 A decision to cease child protection enquiries should only be taken, after checks have been completed (and where relevant in consultation with the Police CAIU and other involved agencies once it becomes clear that the criteria for s.47 are not / no longer satisfied. This decision must be authorised by a manager who should record whether the Core Assessment should be completed and if a child in need plan should be implemented to support the child. SET LSCB PROCEDURES 2006 123 REFERRAL 6 .2 & ASSESSMENT REFERRAL & REFERRAL CRITERIA 6.2.1 A member of the public or a professional may make referrals to Children’s Social Care. On the basis of a screening of the referral (see 6.3) a Children’s Social Care manager will decide whether further intervention should be initiated and the level of response. 6.2.2 Staff in LSCB member agencies and contracted service providers must make a referral to Children’s Social Care if there are signs that a child under the age of 18 years or an unborn baby: • Is suffering or has suffered abuse and / or neglect (see module 4) • Is likely to suffer abuse and / or neglect (see module 4) 6.2.3 Where consultation with Children’s Social Care is sought about a child and Children’s Social Care then conclude that a referral is required, the information provided will be regarded as a referral. 6.2.4 Whilst professionals should, in general, seek to discuss any concerns with the family and where possible seek its agreement to a referral to Children’s Social Care, this should only be done where such discussion and agreement seeking will not place a child at increased risk of significant harm (see 4.5.26 -34 and module 3). 6.2.5 An anonymous referral from the public must be investigated thoroughly by Children’s Social Care. A professional referral cannot be anonymous and should be made in the knowledge that in the course of enquiries it will be made clear which agency originated it. 6.2.6 Referrals should be made to the Children’s Social Care in the area where the child is living or is found (see appendix 1 for contact details). 6.2.7 If the child is known to have an allocated social worker, referrals should be made to her/him or in her/his absence, the manager or a duty officer. In other circumstances referrals should be made to the local contact centre (see appendix 1). 6.2.8 All professional referrals must be confirmed in writing, by the referrer, within 48 hours, using an interagency referral form. 6.2.9 Children’s Social Care should acknowledge a written referral within 1 working day of receipt. If there is no acknowledgement by Children’s Social Care of the referral within 3 working days, the professional should contact Children’s Social Care to establish the current status of the referral. SET LSCB PROCEDURES 2006 124 REFERRAL 6 .3 & ASSESSMENT SCREENING REFERRALS 6.3.1 All referrals to Children’s Social Care should initially be regarded as children in potential need, and the referral should be evaluated on the day of receipt (and no later than within 1 working day), and a decision made regarding the next course of action. 6.3.2 When accepting a referral, staff must establish as much of the following information as possible: 6.3.3 • Cause for concern including details of any allegations, their sources, timing and location • Child’s current location and emotional and physical condition • Whether the child needs immediate protection • Full names, date of birth and gender of child/ren • Family address (current and previous) • Identity of those with parental responsibility • Names and date of birth of all household members • Ethnicity, 1st language and religion of children and parents / carers • Any need for an interpreter, signer or other communication aid • Any special needs of child/ren and other household members • Any previous concerns • Details of any alleged perpetrators (if relevant) • Background information relevant to referral e.g. positive aspects of parents care, previous concerns, pertinent parental issues (such as mental health, domestic violence, drug or alcohol abuse, threats and violence towards professionals) • Referrer’s relationship and knowledge of child and parents / carers • Known current or previous involvement of other agencies / professionals e.g. schools, GPs • Information regarding parental knowledge of, and agreement to, the referral This screening process should establish: • The nature of the concern • How and why it has arisen • What the child’s needs appear to be • Whether the concern involves abuse or neglect and • Whether there is any need for any urgent action to protect the child, or any other children SET LSCB PROCEDURES 2006 125 REFERRAL & ASSESSMENT 6.3.4 This above process will involve discussion with referrers and child health colleagues where this is relevant. 6.3.5 Personal information about non-professional referrers should not be disclosed to 3rd parties (including subject families and other agencies) without consent. Informing parent/s of referral 6.3.6 Where parent/s have not been informed prior to referral, a professional referrer should be asked to inform the parents of it, unless it is determined that to do so would: • Place the child at risk of significant harm e.g. by the behavioural response it prompts or by leading to an unreasonable delay • Place a member of staff from any agency at risk by the behavioural response it may prompt • Lead to the risk of loss of evidential material 6.3.7 Parents’ permission should generally be sought by Children’s Social Care before discussing a referral about them with other agencies (see module 3). Such permission is not required if it is determined that any of the criteria in bullet points 6.3.6 apply. 6.3.8 Inter-agency discussion without parental permission may also be justified if it is concluded that information held in other organisations is likely to inform a decision about the need to conduct s.47 enquiries. 6.3.9 The 1st line manager should authorise any decision to discuss the referral with other agencies without parental knowledge or permission, and the reasons for such action recorded. Confidentiality 6.3.10 Other agencies response to requests by Children’s Social Care for information should be in accordance with 4.5.26 -34 and module 3 (Information Sharing & Confidentiality). Outcome of referral 6.3.11 This screening stage must involve immediate evaluation of any concerns about either the child’s health and development, or actual and/or potential harm, which may justify further enquiries, assessments and/or interventions. In those local authorities with a separate screening process an alert must be sent to the appropriate team if concerns are evaluated as possibly needing an urgent response. SET LSCB PROCEDURES 2006 126 REFERRAL & ASSESSMENT 6.3.12 At this stage referral will pass to the relevant team for decision making, ensuring: • Consideration of any existing records for the child and any other members of the household (including if children are, or have ever been the subject of child protection plans) • Discussions as appropriate with other agencies or the Police if any offence has been, or suspected to have been, committed 6.3.13 The 1st line manager / duty senior must be informed of any potential s.47 enquiries and authorise the decision to initiate a strategy discussion. If the child and/or family are well known to Children’s Social Care and/or the facts clearly indicate that s.47 enquiries are required, it may be appropriate to hold a strategy discussion without further assessment – in that case the referral information will also constitute the Initial Assessment. 6.3.14 The threshold may be met for a s.47 enquiry at the time of referral, during initial or Core Assessment or at any point of Children’s Social Care involvement. 6.3.15 The Police must be informed at the earliest opportunity if a crime may have been committed. The Police must decide whether to commence a criminal investigation and a discussion held to plan how parents are to be informed of concerns without jeopardising Police investigations (see 7.5 Single & Joint Agency Investigations). 6.3.16 The immediate response to referrals may be: 6.3.17 • No further action at this stage • Provision of advice and information • An Initial Assessment of needs (which may be very brief if the criteria for initiating s.47 enquiries are met) • A Core Assessment, if indications exist that the case is particularly complex or several Initial Assessments have been previously completed • Emergency action to protect a child A manager must sign and approve the outcomes of the referral and ensure a chronology has been commenced and / or updated. No further action 6.3.18 Where there is to be no further action, feedback should be provided to the referrer about the decision and the reasons for making it. 6.3.19 In the case of referrals from members of the public, feedback must be consistent with the rights to confidentiality of the child and her/his family. SET LSCB PROCEDURES 2006 127 REFERRAL 6 .4 & ASSESSMENT INITIAL ASSESSMENT 6.4.1 The Initial Assessment is a brief assessment of each child referred to Children’s Social Care where it is considered necessary to determine whether s/he is in need, the nature of any services required and whether a further, more detailed Core Assessment should be undertaken. 6.4.2 Where another agency has completed a CAF this should form the basis of the Initial Assessment. Time-scale 6.4.3 An Initial Assessment must be completed within a maximum of 7 working days of the date of the referral to Children’s Social Care. 6.4.4 Any extension to this time-scale must be authorised by the 1st line manager and reasons recorded. There may for example, be a need to delay in order to arrange for an interpreter or avoid a religious festival. Any delay must be consistent with the welfare of the child. 6.4.5 An Initial Assessment may be very brief if the criteria for initiating a s.47 are met (see 7.3). It is appropriate to conclude the Initial Assessment at the point it is recognised that a strategy discussion and s.47 enquiry is required. The assessment process 6.4.6 A qualified social worker should lead the Initial Assessment and carefully plan (in consultation with a manager): • Interview/s the child/ren within a timescale appropriate to the nature of concerns and ascertain her/his wishes and feelings about service provision (if a child is injured, s/he must be seen on the day of referral – any reason for not doing so e.g. hospitalisation should be clearly recorded by the manager in the child’s records) • Consider if the child /ren should be seen with or without carers • Interview/s with parents / carers / other relevant family members • To address any need for interpreters / communication aids (see 10.11) • What the child and parents should be told of any concerns • The information to be obtained, including historical and, if applicable, from agencies abroad – contact information can be obtained via the Foreign & Commonwealth Office (0207 008 1500), the relevant Embassy or Consulate (see the London Diplomatic List, ISBN 0 11 591772 1 from the Stationery Office on 0870 600 5522 or FCO website www.fco.gov.uk • What contributions from other agencies are required SET LSCB PROCEDURES 2006 128 REFERRAL & ASSESSMENT 6.4.7 Parents’ permission should be sought before discussing a referral about them with other agencies (see module 3) unless this may: • Place the child at risk of significant harm e.g. by the behavioural response it prompts or by leading to an unreasonable delay • Place a member of staff from any agency at risk by the behavioural response it may prompt • Lead to the risk of loss of evidential material 6.4.8 The 1st line manager should authorise any decision to discuss the referral with other agencies without parental knowledge or permission and the reasons for such action recorded. 6.4.9 The response of other agencies to requests by Children’s Social Care for information should be in accordance with see 4.5.26 -34 and module 3 (Information Sharing & Confidentiality). 6.4.10 If the child and / or carers have moved into the authority, all professionals should seek information covering previous addresses from their respective agencies. This is equally important for children and carers who have spent time abroad (see appendix 1 for contact information). 6.4.11 Children’s Social Care should make it clear to families (where appropriate) and other agencies, that the information provided for this assessment may be shared with other agencies and contribute to the written form completed at the end of the assessment. 6.4.12 At this stage it may not be clear whether a criminal offence has been committed. Initial discussions with the child should be undertaken so as to minimise distress and maximise likelihood that s/he will provide accurate and complete information, avoiding leading or suggestive questions. 6.4.13 If during the course of the assessment it is discovered a school age child is not attending an educational establishment, Children’s Services (Education) must be contacted to establish why. 6.4.14 If the criteria for initiating s.47 enquiries are met at any stage during an Initial Assessment, the assessment should be regarded as concluded and a strategy discussion held immediately to decide if a s.47 enquiry and Core Assessment are required (see module 7). Outcome of Initial Assessment 6.4.15 Following an Initial Assessment, the next course of action should be decided, following discussion with the family, unless such a discussion may place a child at risk of significant harm. SET LSCB PROCEDURES 2006 129 REFERRAL & ASSESSMENT 6.4.16 6.4.17 6 .5 Possible outcomes of the Initial Assessment are: • No further action • Immediate provision of child in need services (using the initial plan on the ICS Initial Assessment) • Instigation of a Core Assessment if the child’s needs are complex or a more in depth assessment is required to decide on the need for appropriate services • Instigation of a strategy discussion, s.47 enquiry, Core Assessment and possible joint Police investigation (see module 7) • Emergency action to protect a child (see 7.6) A manager must approve and sign the outcomes of an Initial Assessment ensuring: • The child/ren have been seen or there has been a recorded management decision that this is not appropriate e.g. a s.47 enquiry initiated which will plan method of contact with child • The needs of all children in the household have been considered • The analysis is completed, including consideration of the child’s needs and any risks to the child • The initial plan is completed for cases which are provided with a service, but not progressed to s.47 and / or Core Assessment • A chronology is commenced or updated 6.4.18 Written information on the outcome of the Initial Assessment should be provided to the family and professional referrers. Exceptions to this are justified only where this might jeopardise further action e.g. s.47 enquiry or Police investigation, or place any individual at risk. 6.4.19 Feedback should be provided to non-professional referrers about the outcome of this stage of the referral in a manner consistent with respecting the confidentiality and welfare of the child. CORE ASSESSMENT 6.5.1 A Core Assessment may follow an Initial Assessment or when new information or concerns on an open case indicates the need for further assessment. 6.5.2 Generally Core Assessments should be undertaken if: • Needs are so complex that further assessment is required to identify them or • Concerns are that a child in need may become a child in need of protection or SET LSCB PROCEDURES 2006 130 REFERRAL & ASSESSMENT • Child protection issues have been established / a strategy discussion / meeting initiates a s.47 enquiry or • A child is at risk of becoming looked after 6.5.3 A Core Assessment, using the Assessment Framework, must be completed within a maximum of 35 working days. 6.5.4 Children’s Social Care is responsible for the co-ordination and completion of the assessment, drawing upon information provided by partner agencies. 6.5.5 Any request from another agency for a Core Assessment must be given serious consideration and clear reasons communicated and recorded for a refusal. 6.5.6 A manager must approve and sign the outcomes of a Core Assessment ensuring: 6.5.7 6.5.8 • There has been direct communication with the child and her/his views and wishes have been recorded and taken into account • All the children in the household have been seen and their needs considered • The parent / carer has been seen and her/his views and wishes have been recorded and taken into account • The analysis has been completed • The chronology at the front of the file is up-to-date When a Core Assessment has been concluded under s.17 1989 Children Act, i.e. without a s.47 enquiry, the outcomes may be: • No further Children’s Social Care support / intervention (although there may need to be referral to other agencies) or • Child is in need and there is suspected actual / likely significant harm (see module 7) • Child in need but there is no suspected actual / likely significant harm – further Children’s Social Care / multi-agency support will be required through the use of an child in need plan (see module 9.2 and 9.3) Where a Core Assessment is undertaken under s.47 Children Act 1989 i.e. with a s.47 enquiry, the procedures in module 7 apply. SET LSCB PROCEDURES 2006 131 CHILD PROTECTION ENQUIRIES 7 CHILD PROTECTION ENQUIRIES 7 .1 DUTY TO CONDUCT S.47 ENQUIRIES Obligations and responsibilities of all agencies 7.1.1 All agencies have a duty to assist and provide information in support of child protection enquiries. Responsibility of Children’s Social Care 7.1.2 Children’s Social Care has the: • Responsibility to safeguard and promote children’s welfare (s.17 Children Act 1989) • Duty to make, or cause to be made, enquiries when the circumstances defined in s.47 Children Act 1989 exist (see 7.3.3) • Responsibility to inform the Police in a case referred which constitutes or may constitute a criminal offence against a child 7.1.3 Responsibility for undertaking s.47 enquiries lies with the authority in which the child lives or is found. 7.1.4 Where the child’s home address is in another authority (the ‘home’ authority), the ‘host’ authority has responsibility for undertaking enquiries e.g. alleged abuse on a school trip out of the local authority, young people and unborn infants detained in YOIs, secure units and prisons located within Essex, Southend and Thurrock. 7.1.5 In the above case, the child’s ‘home’ authority should be informed as soon as possible and involved in strategy discussions. It may be appropriate for the ‘home’ authority to undertake enquiries on behalf of the host authority e.g. for a looked after child (see module 11 Children & Families in Need Moving Across Local Authority Boundaries). 7.1.6 The home authority should take responsibility for further support of the child or family, following s.47 enquiries. Responsibility of the Police 7.1.7 The Police have a responsibility to: • Investigate allegations of criminal offences against children • Refer any suspicion, allegation or disclosure a child is suffering or likely to suffer significant harm to Children’s Social Care • Pass all concerns received by CAIUs about those under 18 to Children’s Social Care SET LSCB PROCEDURES 2006 132 CHILD PROTECTION ENQUIRIES 7 .2 7 .3 S.47 ENQUIRIES & THE ASSESSMENT FRAMEWORK 7.2.1 s.47 enquiries should be initiated, usually following an Initial Assessment, whenever the threshold criteria are met (see 7.3). 7.2.2 s.47 enquiries may be justified at the point of referral, during its early consideration, during an Initial Assessment or Core Assessment or at any time in an open case when the threshold criteria are satisfied. 7.2.3 A Core Assessment should be commenced whenever s.47 enquiries are initiated. The information and conclusions of those enquiries will inform the Core Assessment that should cover all relevant dimensions in the Assessment Framework, including the systematic gathering of information about the history of the child, family and household members, and include any previous specialist assessments. 7.2.4 The s.47 enquiries should begin by focusing primarily on information identified during referral and Initial Assessment and which appears most important in relation to the risk of significant harm. THRESHOLD FOR S.47 ENQUIRIES 7.3.1 A child’s status – e.g. ‘in need’, or ‘at risk of significant harm’ must be ascribed in a flexible manner, which assesses new information and recognises the possibility of change. 7.3.2 If at any point during assessment, the threshold for s.47 enquiries is met the procedures outlined in this module should be followed. 7.3.3 s.47 enquiries start: 7.3.4 • When there is reasonable cause to suspect that a child who lives in, or is found in, a local authority area is suffering or likely to suffer significant harm in the form of physical, sexual, emotional abuse or neglect • Following an Emergency Protection Order or use of Police powers of protection (PPOP) • If a child breaches curfew criteria in which case the response must be initiated within 48 hours of receipt of the information [s.47(1)(a)(iii) Children Act 1989 inserted by s.15 (4) Crime and Disorder Act 1998] Children’s Social Care is the lead agency for child protection enquiries. In making a final decision about whether the threshold for a s.47 enquiry is met, Children’s Social Care must consult the Police CAIU and other agencies involved with the child, so that relevant information can be taken into account (see module 3 Information Sharing & Confidentiality). SET LSCB PROCEDURES 2006 133 CHILD PROTECTION ENQUIRIES s.47 intervention threshold 7 .4 7.3.5 The Children’s Social Care 1st line manager has the responsibility, on the basis of available information, to decide and authorise a s.47 enquiry. In undertaking the necessary assessment of risk, the manager must consider both the probability of the event or concern in question and its actual or likely consequence. 7.3.6 In reaching her/his conclusion as to the justification for a s.47 enquiry, the manager must consider the following variables: • Seriousness of the concern/s • Combinations of concerns • Repetition or duration of concern/s • Vulnerability of child (through age, developmental stage, disability or other pre-disposing factor e.g. being ‘looked after’) • Source of concern/s • Accumulation of sufficient information • Context in which the child is living e.g. a child in the household already subject to a child protection plan • Emotional environment of child, especially high criticism / low warmth • Any predisposing factors in the family that may suggest a higher level of risk e.g. domestic violence, substance misuse • The impact on the child’s health and development 7.3.7 The manager’s decision and the reasons for it must be recorded. 7.3.8 A child protection enquiry must always be commenced immediately there is a disclosure, allegation or evidence that a child is suffering or likely to suffer significant harm. This applies equally to new, rereferred and open cases. ROLE OF DUTY / ALLOCATED SOCIAL WORKER 7.4.1 Enquiries must be undertaken by a suitably qualified social worker, either a duty officer or the allocated social worker on an open case. 7.4.2 The duty officer / social worker should: • Obtain clear, detailed information about the concerns, suspicion or allegation • Obtain history and background information including agency files • Establish if the child, any other children in the household or children who have previously lived with the caregiver/s have ever been subject to a child protection enquiry SET LSCB PROCEDURES 2006 134 CHILD PROTECTION ENQUIRIES 7 .5 • Establish whether the child has ever been subject to a Common Assessment • Undertake any necessary emergency action (see 7.6) • Contact the local Police CAIU • Agree with manager if parental agreement to be sought prior to undertaking agency checks, recording the decision • Undertake agency checks with agencies that may be involved with the child and family • Record and report to the responsible manager, for a decision to be made SINGLE & JOINT AGENCY INVESTIGATIONS Police and Children’s Social Care liaison 7.5.1 The primary responsibility of CAIU is to undertake criminal investigations of suspected, alleged or actual crime. Children’s Social Care has the statutory duty to make, or cause to be made, enquiries if circumstances defined in s.47 Children Act 1989 exist. 7.5.2 Children’s Social Care and the Police should inform each other of any allegations or suspicions of child abuse or neglect, including when ‘stranger abuse’ is identified in cases that are being investigated by the Police. 7.5.3 A joint decision will be made regarding the appropriate level of intervention and of Police involvement throughout the process, depending on the individual circumstances and context of each case. 7.5.4 Where initial allegations are imprecise or where concerns arise gradually, it is likely that agreement will be reached for Children’s Social Care to undertake further assessment to determine whether a child is at risk of significant harm. 7.5.5 Where both agencies have responsibilities with respect to a child, they must co-operate to ensure the joint investigation (combining the parallel processes of a s.47 enquiry and a criminal investigation) is undertaken in the best interests of the child. This should be achieved primarily by co-ordination at strategy discussions and/or meetings. 7.5.6 If the agencies agree that a single agency enquiry or investigation is appropriate, there should still be an exchange of relevant information, possible involvement in strategy discussions and agreement reached as to the feedback required by the non participating agency. SET LSCB PROCEDURES 2006 135 CHILD PROTECTION ENQUIRIES 7.5.7 Any decision to terminate enquiries or investigations must be communicated to the other agency for it to consider, and the rationale recorded by both agencies. 7.5.8 The decision regarding single or joint agency investigations should be authorised and recorded by 1st line managers in both the Police CAIU and Children’s Social Care. Joint agency investigation 7.5.9 A joint investigation must always be initiated whenever there is an allegation or reasonable suspicion that one of the circumstances described below pertains regardless of the likelihood of a prosecution: • A sexual offence committed against a child of either gender under 18 years of age, including sexual offences committed by young people, but excluding ‘stranger abuse’ • Physical injury which could be considered serious either by the extent of the injury, age of the child or by repeated assaults of a minor injury e.g. violence to a child constituting an assault, actual or grievous bodily harm, bruising and soft tissue injuries to babies • All non accidental injuries to children aged under 2 years • Serious neglect or ill-treatment constituting an offence under s.1 Children and Young Persons Act 1933 (abandonment of young children where s/he is exposed to danger or non-organic failure to thrive where the child’s health is damaged as a result of the care given) • Organised & complex abuse investigations (see 10.14) • Sudden unexpected death of a child (see 10.19) • Fabricated or induced illness (see 10.6) 7.5.10 Allegations against staff or volunteers of a professional agency represented on the LSCB, and those whose employment or position gives them access to or control over children, may be subject to a joint investigation, with the exception of possible inappropriate behaviour (see module 12). 7.5.11 Where information is received to indicate a person who has been identified as being a risk to children (see module 13) is living in or has access to a household where there are children, Children’s Social Care and CAIU must discuss the circumstances and agree if a single enquiry or joint investigation should be initiated. 7.5.12 Cases of minor injury should always be considered for a joint enquiry / investigation if the child is: • Subject to a child protection plan • Looked after by the local authority SET LSCB PROCEDURES 2006 136 CHILD PROTECTION ENQUIRIES 7.5.13 In other cases of minor injury, the circumstances surrounding the incident must be considered to determine the ‘seriousness’ of the alleged abuse. The following factors should be included in any consideration by the CAIU and Children’s Social Care: • Age, special needs and vulnerability of the child • Any previous history of minor injuries • The intent of the assault e.g. strangulation may leave no marks, but is very serious • If a weapon was used • Previous concerns from a caring agency • Congruity with the child’s account • Clarity / credibility of child’s account • Predisposing factors about alleged perpetrator e.g. conviction/s, history of violence, substance misuse and / or mental health 7.5.14 There will be times that after discussion, or preliminary work, cases will be judged less serious and it may be agreed that the best interests of the child are served by a Children’s Social Care led intervention, rather than a joint investigation. 7.5.15 In all cases the welfare of the child remains paramount and always takes precedence over the needs of any criminal investigation. Children’s Social Care single agency enquiries 7.5.16 Where, after making relevant checks, Children’s Social Care and the CAIU assess that the circumstances of the case do not indicate that a crime has been committed, Children’s Social Care may progress single agency enquiries. 7.5.17 Where the case is subsequently discovered to be more serious than originally perceived, it must be referred back to the CAIU. Police single agency investigations 7.5.18 7.5.19 Criteria for Police single agency investigations are those where the: • Adult alleges childhood abuse and there are no current child protection issues – if alleged abuser currently has contact with children, this should be referred to Children’s Social Care • Alleged offender is not known to the child or child’s family i.e. stranger abuse (but the child must still be interviewed in accordance with Achieving Best Evidence) Where the Police conduct, out of hours a single agency investigation (because they have a duty to respond and take action to protect the child or obtain evidence), EDS must be informed immediately and if appropriate, a joint investigation commenced. SET LSCB PROCEDURES 2006 137 CHILD PROTECTION ENQUIRIES 7.5.20 In all cases where the Police undertake a single agency child protection investigation, details of any victim aged under 18 must be referred to Children’s Social Care, which is responsible for assessing if the investigation raises any child protection issues and if supportive or therapeutic services are appropriate. 7.5.21 Where Police are investigating a crime that may cause concern for non-specific children e.g. a person in possession of child abuse images, they must investigate any contacts s/he may have with children (personal, social, voluntary and work related). Dispute resolution 7.5.22 7.5.23 7 .6 Further discussion should occur between the line managers (detective sergeant and team manager) if there is any disagreement between agencies about the: • Need for a joint investigation or the ‘seriousness’ of alleged physical abuse • Possibility that the needs of the criminal investigation conflict with the needs of a child If line managers disagree, the matter should be referred to the responsible detective inspector and service managers (see also 14.5 Resolution of Professional Disagreement). IMMEDIATE PROTECTION 7.6.1 Where there is a risk to the life of a child or the possibility of serious immediate harm, the Police officer or social worker must act quickly to secure the safety of the child. 7.6.2 Emergency action may be necessary as soon as the referral is received or at any point during involvement with the child/ren, parents or carers. 7.6.3 Responsibility for immediate action rests with the authority where the child is found, but should be in consultation with any ‘home’ authority e.g. if looked after or subject to a child protection plan of another local authority. 7.6.4 Only if the ‘home’ authority is prepared to accept explicit responsibility is the host authority absolved of the responsibility to take action. This must be confirmed in writing immediately by fax or email. 7.6.5 Immediate protection may be achieved by: • An alleged abuser agreeing to leave the home • The removal of the alleged abuser SET LSCB PROCEDURES 2006 138 CHILD PROTECTION ENQUIRIES 7 .7 • Voluntary agreement for the child/ren to move to a safer place with / without a parent / carer e.g. family & friends, accommodation under s.20 Children Act 1989 • Application for an EPO • Removal of the child/ren under Police protection • Gaining entry to the household applying Police powers 7.6.6 The social worker must seek the agreement of her/his 1st line manager and obtain legal advice before initiating legal action. 7.6.7 Children’s Social Care should only seek Police assistance to use their powers in exceptional circumstances where there is insufficient time to seek an EPO or other reasons relating to the child’s immediate safety. 7.6.8 The agency taking protective action must always consider whether action is also required to safeguard other children in the same household, in the household of an alleged perpetrator or elsewhere. 7.6.9 Where there has been an unexpected child death (see 10.19) consideration may need to be given to the safety of other siblings / children in the home. 7.6.10 Planned immediate protection should normally be initiated following a strategy discussion (see 7.8). 7.6.11 Where an agency has to act immediately, i.e. prior to a strategy discussion to protect a child, a strategy discussion should take place within 1 working day so as to plan the next steps, including the circumstances and timing for the child to safely return home. AGENCY INFORMATION SHARING 7.7.1 The social worker must consult with other agencies involved with the child and family in order to obtain a fuller picture of the child’s circumstances and those of any others in the household, including risk factors and parenting strengths. 7.7.2 Generally permission is sought from parents prior to seeking such information, but the first line manager may authorise ‘checks’ to be completed without such permission if: • Contact cannot be made with the parent / carer • Seeking permission is likely to increase the risk to children concerned or other individuals • A request for permission has been refused, reason/s considered and sufficient professional concern remains to justify disclosure • Seeking permission is likely to impede a criminal investigation SET LSCB PROCEDURES 2006 139 CHILD PROTECTION ENQUIRIES 7 .8 7.7.3 The responsible manager must record the reasons for such a decision. Module 3 offers further discussion of the issues involved in information sharing. 7.7.4 Even if there has been a recent Initial Assessment or CAF, agencies must be consulted and informed of the new information / referral. 7.7.5 The checks should be undertaken directly with involved professionals and not through messages with intermediaries. 7.7.6 The relevant agency should be informed of the reason for the enquiry, whether parental consent has been obtained and asked for their assessment of the child in the light of information presented. 7.7.7 Agency checks should include accessing any relevant information held in other local authorities or abroad (see appendix 1 for sources of information for children from abroad). STRATEGY DISCUSSIONS 7.8.1 If there is reasonable cause to suspect a child is suffering, or is likely to suffer significant harm, Children’s Social Care should hold and record a strategy discussion. This may take place following a referral or at any other time concerns about significant harm emerge. 7.8.2 Depending on the nature of concerns and urgency of the situation this may be undertaken via a meeting and / or through a series of phone discussions with CAIU and other relevant agencies, including the consultant paediatrician in the case of a suspicious injury. 7.8.3 Strategy discussions by phone will usually be adequate to plan a straightforward enquiry or joint investigation. Meetings are likely to be more effective in complex types of maltreatment or neglect and should be held where: 7.8.4 • There are allegations against staff, carers and volunteers or anyone professionally involved with the child (see module 12) • There is an allegation a child has abused another child (separate strategy meetings may be held for both children) (see 10.1) • There are concerns about the future risk to an unborn child • Direct communication between more than 2 agencies is required for meaningful discussion Strategy discussions must be held where there are ongoing, cumulative concerns about the child’s welfare and a need to involve all key agencies, share concerns and agree a course of action e.g. in cases of neglect. SET LSCB PROCEDURES 2006 140 CHILD PROTECTION ENQUIRIES 7.8.5 Meetings should be held at a convenient location for the key attendees e.g. Children’s Social Care office, Police station, hospital or school. 7.8.6 More than 1 strategy discussion may be required during the s.47 enquiry to share information and plan any further enquiries required. Further strategy discussion/s must be held within 15 working days (unless a child protection conference has been convened). 7.8.7 A final strategy discussion should be completed to agree and record outcomes and for these to be signed off by the line manager (see 7.13). 7.8.8 Strategy discussions between Children’s Social Care, the CAIU and relevant other agencies should: 7.8.9 • Clarify nature of allegation or suspicion of abuse and / or neglect • Share and evaluate information • Allocate tasks if any immediate protective action is required • Decide whether a s.47 enquiry and Core Assessment should be initiated (or continued if already commenced) • Agree the conduct and timing of any criminal investigation as part of a joint child protection enquiry Where it is decided there are grounds to initiate a s.47 enquiry and Core Assessment, decisions in the context of the racial, cultural and religious and linguistic background of the child and her/his family, should be made about: • Further information required and how it should be obtained • The scope of the enquiry, including other children at possible risk • When, how and who will undertake interviews with the child/ren and if a video interview will be used • When and how the parents / carers will be informed of the concerns and the planned action • The need for any paediatric or specialist assessment (see 7.11) • Any further action if consent is refused for interview or medical assessment • How to ascertain the child’s wishes and feelings and meet her / his best interests in the enquiry, taking account of any additional needs such as that arising from a disability or a need for an interpreter, speech and language therapist (see 10.11) • The needs of other children in contact with the alleged abuser/s • Whether to interview referrer or anyone else • Agree what other actions may be needed to protect the child or provide interim services and support, including securing the safe discharge of a child in hospital (see 10.10) SET LSCB PROCEDURES 2006 141 CHILD PROTECTION ENQUIRIES 7.8.10 • Consideration of strengths in family and compensatory factors which may protect the child or reduce risk • What information may be shared, with whom and when, taking into account the possibility of placing a child at risk of significant harm or jeopardising Police investigations • Any legal action required • Need for further strategy discussions (including further meetings) • Timescales, agency and individual responsible for agreed actions, including the timing of Police investigations and relevant methods of evidence gathering • Any need to reconvene the strategy discussion and/or meeting if circumstances are particularly complex or unknown • The mechanism and date for reviewing the completion of agreed actions i.e. further strategy discussion/s, and/or meeting/s in complex cases which must be within 15 working days (unless a child protection conference has been convened) Where it is decided not to proceed with a s.47 enquiry consideration should be given to no further action being taken or specifying: • Further information required and if another strategy discussion should be held • Further assessments e.g. proceeding with a Core Assessment • Plans for future monitoring by agencies • Any services to be provided by agencies • The need for future intervention to be co-ordinated through the use of a child in need plan (see 9.2 and 9.3) Participants to strategy discussion 7.8.11 The strategy discussion is essentially a meeting for professionals sufficiently senior to be able to make decisions, although exceptional circumstances may arise where others may usefully contribute. 7.8.12 The strategy discussion must ordinarily be undertaken by the Children’s Social Care 1st line manager, who will chair any strategy meetings held. 7.8.13 The discussion must generally involve, as a minimum, Children’s Social Care and CAIU with other agencies included as appropriate, in particular the referring agency, the child’s nursery / school, health and (where relevant) registered owner of service and registration authority. 7.8.14 Where issues have significant medical implications, or a paediatric examination has taken place or may be necessary, a senior doctor should always be included. SET LSCB PROCEDURES 2006 142 CHILD PROTECTION ENQUIRIES 7.8.15 If the child is or has recently been receiving services from a hospital or child development team, the discussion should involve the responsible medical consultant / doctor and, in the case of in-patient treatment, a senior ward nurse. 7.8.16 The local authority solicitor’s involvement may be appropriate. 7.8.17 Consideration should be given to the need to include a professional with expertise in particular cases of complex forms of alleged abuse and neglect. 7.8.18 In complex cases the child protection co-ordinator must be consulted and where appropriate, the conference chair. Notes of discussion 7.8.19 It is the responsibility of the chair of the discussion to ensure that the decisions and agreed actions are fully recorded using the ‘record of strategy discussion’ form. 7.8.20 A copy should be circulated within 1 working day to all parties to the discussion. Timing of initial strategy discussion 7.8.21 A strategy discussion must be held on the day of referral where there are: • Allegations / concerns indicating a serious risk to the child e.g. serious physical injury or serious neglect • Allegations of recent penetrative sexual abuse (to ensure forensic evidence) 7.8.22 Where immediate action was required by either agency prior to a strategy discussion, a discussion must be held within 1 working day of the action. Initial strategy discussions must anyway be held within 3 working days. 7.8.23 Where concerns are particularly complicated e.g. complex abuse, a strategy discussion must occur on the day of referral, but the 1st face to face meeting may be delayed for a maximum of 5 working days, unless there is a need to provide immediate protection. 7.8.24 The plan made at the strategy discussion / meeting should reflect the requirement to convene an initial child protection conference within 15 working days of the last strategy discussion. SET LSCB PROCEDURES 2006 143 CHILD PROTECTION ENQUIRIES 7 .9 INVOLVING PARENTS, FAMILY MEMBERS & CHILD 7.9.1 The social worker has the prime responsibility to engage with family members in order to assess the overall capacity of the family to safeguard the child, as well as ascertain the facts of the situation causing concern. 7.9.2 Parents and those with parental responsibility must be informed at the earliest opportunity of concerns, unless to do so would place the child at risk of significant harm, or undermine a criminal investigation. 7.9.3 Parents should, as well as being offered a verbal explanation of the enquiry process, be provided with an explanatory leaflet. 7.9.4 Due consideration must be given to the capacity of the parents to understand this information in a situation of significant anxiety and stress. 7.9.5 Consideration must be given to those for whom English is not their 1st language or who may have a physical / sensory / learning disability and may need the services of an appropriate interpreter. 7.9.6 It is also essential that factors such as race, culture, religion, gender and sexuality together with issues arising from disability and health are taken into account. 7.9.7 It may be necessary to provide the information in stages and this must be taken into account in planning the enquiry. 7.9.8 In planning intervention with parent/s, the following must be covered: • An explanation offered of the reason for concern and where appropriate, the source of information • The procedures to be followed (this must include an explanation of the need for the child to be seen, interviewed and/or medically examined and seeking parental agreement for these aspects of the enquiry and/or investigation) • An explanation of their rights as parents including the need for support and guidance from an advocate whom they trust (advice should be given about the right to seek legal advice and complaints and access to records policies) • An explanation of the role of the various agencies involved in the enquiry / investigation and of the wish to work in partnership with them to secure the welfare of their child • The need to gather initial information on the history and structure of the family, the child and other relevant information to enable an assessment of the injuries and/or allegations and the continuing risk to the child to be made SET LSCB PROCEDURES 2006 144 CHILD PROTECTION ENQUIRIES • In situations of domestic violence, the possibility of working with the parents separately • Assessment of evidential opportunities in a Police investigation and recovery of evidence that may confirm or refute an allegation or suspicion of crime • The provision of an opportunity for parents to be able to ask questions and receive support and guidance 7.9.9 In the event of any conflict between the needs and wishes of the parents and those of the child, the child’s welfare is the paramount consideration in any decision or action. 7.9.10 Parents should be provided with an early opportunity to explain their perception of the concerns, recognising that there may be alternative accounts and disparities. 7.9.11 In the course of an enquiry it may be necessary for statutory agencies to make decisions or initiate actions to protect children, or require the parents to agree to such action. Before doing so, they should demonstrate that alternative actions have been considered e.g. extended family / friends or intensive support packages. 7.9.12 The social worker must inform relevant agencies of any such decisions or actions and confirm them in writing without delay. 7.10 MEETING THE CHILD 7.10.1 All children within the household must be directly communicated with during an enquiry. Those who are the focus of concern must be seen alone, subject to age and preferably with parental permission. 7.10.2 Working Together to Safeguard Children 2006 in paragraph 5.65 states that ‘exceptionally, a joint enquiry / investigation team may need to speak to a suspected child victim without the knowledge of the parent or caregiver. Relevant circumstances would include the possibility that a child would be threatened or otherwise coerced into silence; a strong likelihood that important evidence would be destroyed; or that the child in question did not wish the parent to be involved at that stage, and is competent to take that decision.’ 7.10.3 Consideration must be given to child’s development and cognitive ability. Specialist help may be needed if the child: • Does not have English as her/his 1st language (see 10.11) • Appears to be psychiatrically disturbed though deemed competent • Has a physical / sensory / learning disability (see 10.11) • Has a racial, religious or cultural background about which interviewers do not have sufficient understanding SET LSCB PROCEDURES 2006 145 CHILD PROTECTION ENQUIRIES 7.10.4 If the child is unable to take part in an interview in consequence of age or understanding, alternative means of understanding should be used e.g. observation in the case of very young children. 7.10.5 Consideration should also be given to the gender of interviewers, particularly in cases of alleged sexual abuse. 7.10.6 Children, especially if they are very young or have a communication impairment, learning disability or are experiencing mental health problems may need time, and more than 1 opportunity to develop trust and communicate concerns. 7.10.7 The objectives in seeing the child are to: 7.10.8 7.10.9 7.10.10 • Record and evaluate her/his appearance, demeanour, mood state and behaviour • Hear the child’s account of allegations or concerns • Observe and record interactions of the child and her/his carers • See and record the circumstances in which the child is currently living and sleeping and, if different, her/his ordinary residence • Evaluate the physical safety of the environment including the storage of hazardous substances e.g. bleach, drugs • Ensure that any other children who need to be seen are identified • Assess the degree of risk and possible need for protective action • Meet the child’s needs for information and re-assurance The strategy discussion / meeting must decide where, when and how child/ren should be seen and if a video interview is required. The child must be seen without delay and within a maximum of 24 hours if s/he: • Is reported to have sustained a physical injury • Has disclosed sexual abuse and is to be returned to a situation that might place him / her at risk • Is already subject to a child protection plan • Is suffering from severe neglect or other severe health risk • Is abandoned In order to avoid undermining any subsequent criminal case, in any contact with a child prior to an interview, staff must: • Listen to the child rather than directly questioning her/him • Never stop the child freely recounting significant events • Fully record the discussion including timing, setting, presence of others as well as what was said All subsequent events up to the time of any video interview must be fully recorded contemporaneously. SET LSCB PROCEDURES 2006 146 CHILD PROTECTION ENQUIRIES INVESTIGATIVE INTERVIEWS 7.10.11 The conduct of and criteria for visually recorded interviews with children are laid out in the current guidance Achieving Best Evidence in Criminal Proceedings (Home Office 2002) and should be undertaken by those with specialist training and experience in interviewing children. INABILITY TO ACCESS THE CHILD 7.10.12 7.10.13 Children’s Social Care should make all reasonable efforts to persuade parents to co-operate with a s.47 enquiry. If a child’s whereabouts are unknown, or they cannot be traced by the social worker within 24 hours, the following action must be taken: • A strategy discussion / meeting with CAIU • Agreement reached with the manager responsible as to what further action is required to locate and see the child and carry out the enquiry If access to a child is refused or obstructed by parents or caregivers the social worker, in consultation with her/his manager, should have a strategy discussion with the Police and seek legal advice as appropriate. Child Assessment Order (CAO) 7.10.14 If parents continue to refuse access to a child for the purposes of establishing basic facts about the child’s condition, but concerns are not so urgent as to require an EPO, Children’s Social Care may apply to the court for a CAO. 7.11 PAEDIATRIC ASSESSMENT Urgent medical attention 7.11.1 Where the child appears in urgent need of medical attention s/he should be taken to the nearest hospital emergency department (ED) e.g. suspected fractures, bleeding or loss of consciousness. Other circumstances 7.11.2 In other circumstances the strategy discussion will determine, in consultation with the paediatrician, the need for and timing of a paediatric assessment and who would be the appropriate person to accompany the child. 7.11.3 Where such arrangements are necessary, the child and parents must be informed and prepared and careful consideration given to the impact on the child. SET LSCB PROCEDURES 2006 147 CHILD PROTECTION ENQUIRIES 7.11.4 Where the strategy discussion agrees on a paediatric assessment for a child, consideration should be given to the need for assessments of other children in the household. 7.11.5 This assessment should always be considered (in circumstances other than 7.11.1) when there is a suspicion or disclosure of child abuse involving: 7.11.6 7.11.7 • Any injuries to a baby / non mobile child • A suspicious or serious injury (thought to be non-accidental or an inconsistent explanation) • Suspected sexual abuse or assault (based on a clear allegation or information that indicates an intimate examination is needed) • Suspected neglect A paediatric assessment involves a holistic approach and considers: • The child’s well being, including development, if under 5 years old and her/his cognitive ability if older • The extent of any injuries and an opinion as to possible causes • Diagnosis and treatment • Information provided by other agencies that is known about the child’s family circumstances and history, past medical history and full referral information Additional considerations are the need to: • Secure forensic evidence including photographic evidence • Obtain medical documentation • Provide re-assurance for the child and parent • Provide professional advice to Children’s Social Care and Police • Provide treatment follow up and review for the child (any injury, infection, new symptoms including psychological) 7.11.8 Only doctors may physically examine the whole child using the agreed local child protection documentation forms. 7.11.9 Other staff should note any visible marks or injuries on the body map (see appendix 2) and document details in their recording. CONSENT FOR PAEDIATRIC ASSESSMENT 7.11.10 The following may give consent to a paediatric assessment: • A child of sufficient age and understanding (as per Fraser guidelines) • Any person with parental responsibility • The local authority when the child is the subject of a care order (though the parent / carer should be informed) SET LSCB PROCEDURES 2006 148 CHILD PROTECTION ENQUIRIES • The local authority when the child is accommodated under s.20 Children Act 1989, and the parent / carers have abandoned the child or are physically or mentally unable to give such authority • The High Court when the child is a ward of court • A Family Proceedings Court as part of a direction attached to an Emergency Protection Order, an interim Care Order or a Child Assessment Order 7.11.11 When a child is looked after under s.20 and a parent / carer has given general consent authorising medical treatment for the child, legal advice must be taken about whether this provides consent for paediatric assessment for child protection purposes (the parent / carer retains full parental responsibility for the child) 7.11.12 A child of any age who has sufficient understanding (generally to be assessed by the doctor with advice from others as required) to make a fully informed decision can provide lawful consent to all or part of a paediatric assessment or emergency treatment. 7.11.13 A young person aged 16 or 17 has an explicit right [s.8 Family Law Reform Act 1969] to provide consent to surgical, medical or dental treatment and unless grounds exist for doubting her/his mental health, no further consent is required. 7.11.14 A child who is of sufficient age and understanding may refuse some or all of the paediatric assessment though a court can potentially override refusal. 7.11.15 Wherever possible the permission of a parent should be sought for children under 16 prior to any paediatric assessment and/or other medical treatment. 7.11.16 Where circumstances do not allow permission to be obtained and the child needs emergency medical treatment the medical practitioner may: • Regard the child to be of an age and level of understanding to give her/his own consent • Decide to proceed without consent 7.11.17 In these circumstances, parents must be informed as soon as possible and a full record must be made at the time. 7.11.18 In non-emergency situations, when parental permission is not obtained, the social worker and manager must consider whether it is in the child’s best interests to seek a court order. SET LSCB PROCEDURES 2006 149 CHILD PROTECTION ENQUIRIES ARRANGING PAEDIATRIC ASSESSMENT 7.11.19 Paediatric assessments are the responsibility of the consultant paediatrician, though an appropriately trained registrar or staff grade (exceptionally a Police forensic medical examiner (FME)) may conduct them. 7.11.20 Referrals for child protection paediatric assessments from a social worker or a member of the CAIU should be made to the local paediatric service (local pathways should be followed: hospitals to provide official point of contact – see local contacts in appendix 1). 7.11.21 The paediatrician may examine the child her/himself, or arrange for her/him to be seen by a member of the paediatric team in the hospital or community. 7.11.22 Where there is a potential criminal investigation a CAIU officer should directly brief the doctors, before the paediatric assessment, and afterwards take possession of evidential items. 7.11.23 Child sexual abuse paediatric assessments should be undertaken in accordance with the guidance for paediatricians and FMEs issued by the Royal College of Paediatrics and Association of Police Surgeons Child Health Guidelines (September 2004). 7.11.24 In cases of severe neglect, physical injury or penetrative sexual abuse, the assessment should be undertaken on the day of referral, where compatible with the welfare of the child. Timing of the paediatric assessment should be agreed at the strategy discussion and consider whether the investigative interview should take place before or after the paediatric assessment. 7.11.25 The social worker should, (unless this would cause undue delay) consider in consultation with the child / parents whether the specific circumstances of the case indicates a paediatrician of a particular gender prior to the examination being conducted. The need for a specialist assessment by a child psychiatrist or psychologist should also be considered. Recording of paediatric assessment 7.11.26 Paediatricians must make contemporaneous notes – medical recording – on agreed local child protection medical record forms, from which reports / witness statements will be produced. 7.11.27 The paediatrician should supply a report of witness statement to the social worker, GP and, where appropriate the CAIU. Reports should be produced in accordance with 7.11.29 - 7.11.30 below. Witness statements should be produced in the same format used by Essex Police to avoid the Police re-typing them. SET LSCB PROCEDURES 2006 150 CHILD PROTECTION ENQUIRIES 7.11.28 The named nurse child protection / safeguarding children and where appropriate the designated nurse for looked after children should be informed that a medical assessment has taken place. 7.11.29 The recording and report should include: 7.11.30 • Date, time and place of examination • Those present • Reason for the examination, including referral information • A verbatim record of the carer’s and child’s accounts of injuries and concerns noting any discrepancies or changes of story • A verbatim record of information shared by Police and Children’s Social Care also to be included • Consideration of previous medical and family history • Who gave consent and how (child / parent, written / verbal) • Documentary findings in both words and diagrams of any injuries or marks - also site, size, shape and colour should be noted • The findings relevant to the child, including general medical examination and others, e.g. squint, learning or speech problems • Information on child’s development and developmental progress • Summary of all the findings (history, examination, any investigations undertaken), to be followed by a professional opinion • Where applicable, to include recommendations for future health care needs and other non-health care needs where relevant. Details of any follow-up arrangements to be made • Time examination ended All reports and diagrams should be signed and dated by the doctor undertaking the examination. All diagrams should have the child’s name and a reference given. Suggested timings of assessments 7.11.31 Timing of the paediatric assessment will be dictated by the clinical urgency. However, as per Climbié recommendations, children brought to the hospital or any health clinic or similar place for a paediatric assessment should be seen within 24 hours of arrival. 7.11.32 There are exceptions where every child needs to be assessed according to the urgency of treatment required. In some cases, they require immediate, or fairly urgent, attention (see also 7.11.1). SET LSCB PROCEDURES 2006 151 CHILD PROTECTION ENQUIRIES 7.12 ANALYSIS & ASSESSMENT OF RISK 7.12.1 7.12.2 The scope and focus of assessment during the s.47 enquiry is that of a Core Assessment which specifically addresses the risks for the child/ren. It should address the Assessment Framework dimensions and specifically: • Identify clearly the initial cause for concern • Collect information from agency records and other agencies • Describe the family history and that of the child/ren • Describe the family structure and network • Evaluate the quality of attachments between child/ren and carers • Evaluate the strengths of the family • Evaluate the risks to the child/ren • Consider the child’s need for protection • Evaluate information from all other sources, including any previous assessments • Consider the ability of parents and wider family and social networks to safeguard and promote the child’s welfare Where the child’s circumstances are about to change, the risk assessment must include an assessment of the new environment e.g. where a child is to be discharged from hospital to home the assessment must have established its safety and implemented any support plan required to meet the child’s needs. 7.13 OUTCOME OF CHILD PROTECTION ENQUIRIES 7.13.1 At the completion of the planned enquiry, the social worker and line manager should decide how to proceed, following strategy discussion/s with relevant agencies and professionals. The aim of the strategy discussion at this point is to share information, plan any further enquiries required, agree and record outcomes. 7.13.2 In all cases the manager must authorise the outcome and any plans for further service provision. Concerns not substantiated 7.13.3 Where concerns are not substantiated, it may (in spite of a lack of evidence) still be important to complete the Core Assessment and consider if any further help / support / explicit monitoring by specified agencies is needed. SET LSCB PROCEDURES 2006 152 CHILD PROTECTION ENQUIRIES Concerns substantiated, but child not judged to be at continuing risk of significant harm 7.13.4 There may be substantiated concerns a child has suffered significant harm, and the agencies most involved, having ensured the child, any other children in the household and the child’s carers have been seen and spoken with, agree that a plan for ensuring the child’s future safety and welfare can be implemented without a conference. 7.13.5 In these circumstances the Core Assessment should be completed and consideration given to the use of multi-agency meetings and/or family group conferences (see 9.5) to develop, implement and review the child in need plan. Concerns substantiated & child judged to be at continuing risk of significant harm 7.13.6 Where concerns are substantiated and the child assessed to be at continuing risk of significant harm, the line manager must authorise convening of an initial child protection conference and (if incomplete) completion of Core Assessment, having ensured child / any other children in the household and the child’s carers have been seen. 7.13.7 Where legal action is indicated the service manager must be informed and take the final decision, following a legal planning meeting. RECORD OF OUTCOME OF ENQUIRIES 7.13.8 The outcome must be clearly recorded, with the reasons for decisions clearly stated on the ‘outcome of s.47 enquiries record’ (ICS) or equivalent form and signed off by the line manager. 7.13.9 Parents and children of sufficient understanding should receive a copy of this record, in advance of any child protection conference convened (Working Together to Safeguard Children 2006 para. 5.72). FEEDBACK FROM ENQUIRIES 7.13.10 Parents, and children of sufficient age and appropriate level of understanding, together with those agencies and professionals significantly involved in the enquiry, must receive a copy of the Initial Assessment or Core Assessment and any conference report. 7.13.11 Feedback about outcomes should be provided to the initial referrer and key professionals. If the referrer is a non-professional, it should be provided in a way that respects the confidentiality and welfare of the child. If there are ongoing criminal investigations, the content of the social worker’s feedback should be agreed with the CAIU. SET LSCB PROCEDURES 2006 153 CHILD PROTECTION ENQUIRIES DISPUTED DECISIONS 7.13.12 Where Children’s Social Care has concluded that an initial child protection conference is not required, but professionals in other agencies remain seriously concerned about the safety of a child, they should consult the relevant designated person (or agency equivalent). 7.13.13 If the relevant designated person (or agency equivalent) agrees, s/he should discuss the concerns with her/his manager. If disagreements remain the procedures for resolution of professional disagreement should be followed (see 14.5). 7.14 TIME-SCALES Routine 7.14.1 The initial strategy discussion instigates a s.47 enquiry. 7.14.2 The Core Assessment must be completed within 35 working days from the date of the strategy discussion/meeting (see the Framework for the Assessment of Children in Need and their Families p.32 paragraph 3.11). 7.14.3 The maximum period from the strategy discussion (or last discussion if more than 1 held) of an enquiry to the date of the initial child protection conference is 15 working days, which means that initial conferences may be held prior to the completion of the Core Assessment. 7.14.4 If a child protection conference is not convened, a review strategy discussion must take place within 14 working days. Exceptions 7.14.5 The time-scales above are the minimum standards required by Working Together to Safeguard Children 2006. Where the welfare of the child requires shorter time-scales, these must be achieved. 7.14.6 There may be exceptional circumstances where it is in the child’s interests to work to alternative time-scales, e.g: • Where a need exists to engage interpreters, translators etc. for those with communication needs (including disabled children) • Pre-birth assessments • Complex cases e.g. fabricated or induced illness, those involving suspected organised or institutional abuse, where paid or voluntary carers are involved and cases which require co-ordination with other local authorities because the child is found outside the local authority SET LSCB PROCEDURES 2006 154 CHILD PROTECTION ENQUIRIES 7.14.7 Any proposal to justify variation of routine time scales must be authorised by the appropriate service manager or child protection coordinator, in line with local procedures, following line manager’s consultations with the CAIU and any relevant agencies. 7.14.8 Reasons for diverging from these time-scales must be fully recorded together with a plan of action detailing alternative arrangements. 7.15 RECORDING OF S.47 ENQUIRIES 7.15.1 A full written record must be completed by each agency involved in a s.47 enquiry, using the required agency pro-formas, (legibly) signed and dated by the staff or inputted into their electronic record. 7.15.2 The responsible manager must countersign Children’s Social Care s.47 recording and forms. 7.15.3 Practitioners should retain any signed and dated rough notes until the completion of anticipated legal proceedings. 7.15.4 Children’s Social Care recording of enquiries should include: • Agency checks • Content of contact cross referenced with any specific forms used • Strategy discussion / meeting notes • Details of the enquiry • Body maps (where applicable) • Chronology • Genogram • Assessment including identification of risks and how they may be managed • Consideration of the families’ strengths and resilience factors • Decision making processes • Outcome / further action planned (see 7.13) SET LSCB PROCEDURES 2006 155 CHILD PROTECTION CONFERENCES 8 CHILD PROTECTION CONFERENCES 8 .1 INTER-AGENCY COLLABORATION 8.1.1 8 .2 All agencies must ensure that staff involved in child protection work are committed to and achieve: • Sharing of information • Careful preparation for conferences, including the timely provision of reports • Attendance at conferences • Contribution to decision making • Delivery of actions that are planned to safeguard the child /ren TYPES OF CHILD PROTECTION CONFERENCES INITIAL CHILD PROTECTION CONFERENCE Purpose of initial conference 8.2.1 8.2.2 The initial child protection conference brings together family members, the child (where appropriate), supporters / advocates and those professionals most involved with the child and family to: • Share and evaluate information in an inter-agency setting regarding the child’s health, development and functioning and the parent / carer’s capacity to ensure the child’s safety and promote her/his well being within the context of the wider family and environment • Make judgements about the likelihood of the child suffering significant harm in the future and requires a child protection plan • Decide what future action is needed to safeguard the child and promote her/his welfare, how that action will be taken forward and with what intended outcomes and time-scales The conference must consider all the children in the household, even if concerns are only being expressed about 1 child. Threshold for convening an initial conference 8.2.3 Children’s Social Care must convene an initial child protection conference when it is believed that a child may continue to suffer or be at risk of suffering significant harm. This decision must be the outcome of a recorded s.47 enquiry that concludes, in writing, that the concerns were substantiated and the child is judged to be at continuing risk of significant harm (see 8.7.1 for requirements of social work report for conference). SET LSCB PROCEDURES 2006 156 CHILD PROTECTION CONFERENCES 8.2.4 The Children’s Social Care 1st line manager is responsible for making the decision to convene a child protection conference and the reasons for calling the conference must be recorded. 8.2.5 Additionally, an initial child protection conference may be requested by a relevant designated person (or agency equivalent). If Children’s Social Care decide the threshold has not been met, the designated person (or agency equivalent) may choose to refer to the procedure for the (see 14.5 Resolution of Professional Disagreement). Timing of initial child protection conference 8.2.6 The initial child protection conference should take place within 15 working days of the last strategy discussion of the s.47 enquiry. 8.2.7 The initial conference should, where possible, be held before expiry of an EPO, if further legal action is planned. 8.2.8 Where the child is looked after, and it is planned that s/he will remain so, an initial conference may not be required. 8.2.9 Where a CAO has been made the conference should be held as soon as is practicable (which must be within 15 working days) of the conclusion of examinations and assessments. 8.2.10 Any delay must have written authorisation from the operational service manager (including reasons for the delay) and Children’s Social Care must ensure risks to the child are monitored and action taken to safeguard the child. REVIEW CHILD PROTECTION CONFERENCE Purpose of review child protection conference 8.2.11 The purpose of the review conference is to: • Review the safety, health and development of the child against the intended outcomes set out in the child protection plan • Ensure that the measures put into place to ensure the child is adequately protected from the risk of harm are effective and appropriate • Bring together and analyse information about the child’s health, development and functioning and the parent/carer’s capacity to ensure the child’s welfare and promote their welfare • Make judgements about the likelihood of the child suffering significant harm in the future and if the child requires a child protection plan • Decide what action is required to safeguard the child and promote their welfare and identity SET LSCB PROCEDURES 2006 157 CHILD PROTECTION CONFERENCES • Set desired outcomes and time-scales • Consider any changes required to the child protection plan • Determine any need for an updated Core Assessment 8.2.12 The conference must consider all the children in the household, even if concerns are only being expressed about 1 child. 8.2.13 The conference must decide explicitly if the child is still at continued risk of significant harm and hence whether a protection plan is required. If so, the category of abuse or neglect the child has suffered must be re-considered. 8.2.14 If the child is judged to no longer require a child protection plan, the conference should consider what support may benefit the child and family and who is responsible for providing that support and the need for a child in need plan. Timing 8.2.15 The 1st review conference must be held within 3 months of the initial conference and further reviews must be held at intervals of not more than 6 months, for as long as the child remains subject to a child protection plan. 8.2.16 Where there are siblings already subject to a child protection plan, the conference will arrange for reviews to be brought together. 8.2.17 Consideration should always be given to bringing the date of a conference forward where / when: • Concerns relating to a new incident or allegation of abuse arise • There are significant difficulties implementing the protection plan • A child is to be born into the household of a child who is the subject of a child protection plan • A person identified as presenting a risk, or potential risk, to children is to join or commences regular contact with the household • There is a significant change in the circumstances of child or family, not anticipated at the previous conference and with implications for the safety of the child • A child becomes looked after with no plans to rehabilitate • A child is looked after by the local authority and consideration is being given to returning her/him to the circumstances where her/his care initially required a protection plan (unless this step is anticipated in the existing protection plan) • The core group believe that consideration should be given to ending the child protection plan SET LSCB PROCEDURES 2006 158 CHILD PROTECTION CONFERENCES PRE-BIRTH CONFERENCE Purpose 8.2.18 A pre-birth conference is an initial child protection conference concerning an unborn child. Such a conference has the same status and purpose and must be conducted in a comparable manner to an initial child protection conference (see 10.15 Pre-Birth Procedures). Threshold for pre-birth conference 8.2.19 Pre-birth conferences should always be convened where there is a need to consider if a multi agency child protection plan is required. This decision will usually follow from a pre-birth assessment (see 10.15 Pre-Birth Procedures). 8.2.20 A pre-birth conference should be held where a: 8.2.21 8.2.22 • Pre-birth assessment gives rise to concerns that an unborn child may be at risk of significant harm • Previous child has died or been removed from parent/s as a result of significant harm • Child is to be born into a family or household which already have child/ren subject to child protection plan/s • Person identified as presenting a risk, or potential risk, to children resides in the household or is known to be a regular visitor Other risk factors to be considered are: • The impact of parental factors such as mental ill-health, learning disabilities, substance misuse and domestic violence • A mother under 16 about whom there are concerns regarding her ability to self care and/or to care for the child All agencies involved with pregnant women should consider the need for an early referral (no later than 20 weeks of gestation) to Children’s Social Care, so that assessments are undertaken and family support services provided as early as possible in the pregnancy. Timing of conference 8.2.23 The pre-birth conference should take place between 20 and 24 weeks of pregnancy to allow sufficient time for an assessment of parenting ability and the preparation of a discharge plan. 8.2.24 Where there is a known likelihood of a premature birth, the conference should be held earlier. SET LSCB PROCEDURES 2006 159 CHILD PROTECTION CONFERENCES 8.2.25 Where the outcome of an assessment is to convene a child protection conference, it should be held within 15 working days. Timing of review conference 8.2.26 The first review conference will be scheduled to take place within 1 month of the child’s birth. This may be extended to 2 months with the written authorisation of a Children’s Social Care manager / child protection advisor if information from a postnatal assessment is crucial for a well informed review conference. TRANSFER CONFERENCE 8 .3 8.2.27 When Children’s Social Care is notified that a child, subject to a child protection plan in another area, is living within its own boundaries, a transfer conference should be held within 15 working days of the written notification of the move and request for case responsibility from the originating authority. 8.2.28 Responsibility for the case rests with the original authority until the conference has been held, but local staff should co-operate with the key worker from the originating authority to implement the child protection plan and record a ‘temporary child protection plan’ on the child’s social care record. 8.2.29 The key worker from the originating authority must be invited to the transfer conference and asked to submit a report. 8.2.30 The transfer conference is an initial conference. Discontinuation of the child protection plan at conference should only be agreed following full assessment of child and family in their new situation. 8.2.31 If a child protection plan is agreed, a first review conference must be held within 3 months and 8.2.15-17 apply. MEMBERSHIP OF CHILD PROTECTION CONFERENCE 8.3.1 A conference should consist of the smallest number of people consistent with effective case management, but the following should normally be invited: • Parents / carers • Child (if of sufficient understanding) (see 8.5) • Social / key worker and 1st line manager • Police CAIU officer • Health visitor and/or school nurse • GP • Schools and education welfare officers (if child is known to them) SET LSCB PROCEDURES 2006 160 CHILD PROTECTION CONFERENCES 8.3.2 Additional invitations to conference should be limited to those who have a contribution to the task involved. These may include: • Health (including mental health) services involved with or able to provide relevant medical information regarding parent/s / carers and / or child/ren e.g. paediatricians, specialist doctors, psychiatrists, community psychiatric nurses, social workers • Midwifery and relevant neonatal services where the conference concerns an unborn or new-born child (see 8.2.20 Pre-birth Conferences) • Probation, YOT • Housing services • Alcohol and substance abuse services • Domestic violence adviser • A representative of the Armed Services (where appropriate) • Any professional or service provider currently or previously involved with the child/ren or adult/s in the child or family, including foster carers, family centre, early years staff, Connexions • Any other relevant professional or specialist service provider e.g. Sexual violence services, NSPCC and other involved voluntary organisations • Supporter (including advocate), friend or solicitor (as supporters for the child and parent / carers ) • Wider family members (if agreed by those with parental responsibility) • Legal services – if it is anticipated that legal advice is required • The children’s guardian where there are current court proceedings (in the role of an observer, but entitled to a copy of the notes to use in court proceedings) Legal attendance at conferences 8.3.3 The Law Society provides professional guidance on attendance by lawyers at child protection conferences. 8.3.4 The local authority solicitor is both a legal advisor to the chair and to the local authority, although will not normally provide this advice during the conference. S/he may not question parents directly and in exceptional circumstances may have to withdraw if there are any indications that admissions are to be made by parents. 8.3.5 The solicitor for a parent or child may attend in the role of representative of child or supporter of parent to assist her/his clients to participate and, with the chair’s permission to speak on their behalf. SET LSCB PROCEDURES 2006 161 CHILD PROTECTION CONFERENCES Attendance of agency representatives 8.3.6 Professionals must make attendance at conferences a priority and provide information to the conference (see 8.7.8 - 12). 8.3.7 If unable to attend for unavoidable reasons the agency representative must: • Arrange for another representative to attend on her/his behalf • Inform the conference administrator in advance • Submit a written report (see 8.7.8 - 12). 8.3.8 A professional observer can only attend with the prior consent of the chair and the family and must not take part in discussions or decision-making. Requests should be made to the Children’s Social Care social worker a minimum of 3 working days before the conference. 8.3.9 The time at which a conference is convened, and its venue should be determined so as to facilitate attendance. 8.3.10 Agencies are expected to share information about the child and family members, relevant to the Core Assessment of the child’s situation. QUORATE CONFERENCES 8.3.11 The primary principle for determining quoracy is that there should be sufficient agencies or key disciplines present to enable safe decisions to be made in the individual circumstances. 8.3.12 Normally, minimum representation is Children’s Social Care and at least 2 other agencies or key disciplines that have had direct contact with the child and family. 8.3.13 Agencies must ensure they send at least 1 appropriate representative who has direct contact with the child / family. 8.3.14 Where a conference is inquorate it should not ordinarily proceed and in such circumstances the chair must ensure that either: 8.3.15 • An interim protection plan is produced or • The existing plan is reviewed with the professionals and family members that do attend, so as to safeguard the welfare of the child/ren. Another conference date, within a month, must be set immediately. SET LSCB PROCEDURES 2006 162 CHILD PROTECTION CONFERENCES 8.3.16 8 .4 In exceptional circumstances the chair may decide to proceed with the conference despite lack of agency representation. This would be relevant where: • A child has not had relevant contact with 3 agencies – e.g. prebirth conferences • Where concerns have decreased over a considerable time • Where sufficient information is available to inform decision making and • A delay will be detrimental to the child INVOLVING PARENTS / CARERS AND FAMILY MEMBERS 8.4.1 Parents and carers must be invited to conferences, unless exclusion is justified as described at 8.6. Provision of information, preparation & support 8.4.2 The social worker must facilitate their constructive involvement by ensuring in advance of the conference that they are given sufficient information and practical support to make a meaningful contribution. 8.4.3 The social worker must explain to parents / carers the purpose of the meeting, who will attend, the way in which it will operate, the purpose and meaning of a child protection plan and the complaints process. 8.4.4 Preparation should include consideration of childcare arrangements to enable the attendance of parent/s. 8.4.5 Written information should be left with the family regarding conferences, the right to bring a, friend, supporter (including an advocate) or solicitor (in role of supporter), details of any local advice and advocacy services (see appendix 1) and the conference complaints procedure. 8.4.6 The role of the supporter is to enable the parent/carer to put her/his point of view, not to take an adversarial position or cross-examine participants. 8.4.7 Immediately prior to the conference, the chair should meet with any family members to ensure they understand the process. This may, where the potential for conflict exists, involve separate meetings with the different parties. Interpreters 8.4.8 Those for whom English is not a 1st language must be offered and if required, provided with an interpreter. SET LSCB PROCEDURES 2006 163 CHILD PROTECTION CONFERENCES 8.4.9 Provision should be made to ensure that visually or hearing impaired or otherwise disabled parents/carers are enabled to participate. 8.4.10 A family member should not be expected to act as an interpreter of spoken or signed language (see 10.11 Interpreters, Signers & Others with Special Communication Skills). Parent / carer’s provision of information to conference 8.4.11 Parents / carers should be helped in advance to consider what they wish to convey within the time limits of the conference, how they wish to do so and what help and support is required e.g. they may choose to communicate in writing or by tape. Agency reports to conference 8.4.12 These should be provided in accordance with 8.7 and shared with parents / carers prior to the conference. Arrangements for non attending parents / carers 8 .5 8.4.13 Explicit consideration should be given to the potential of conflict between family members and possible need for children or adults to speak without other family members present (see 8.6). 8.4.14 If parents are unable or do not wish to attend the conference they must be provided with full opportunities to contribute their views. The social worker must facilitate this by: • Providing alternative means to communicate with the chair • Exploring use of advocate or supporter to attend for parent/s • Enabling parents to write or tape their views • Agreeing that the social worker, or any other professional, expresses their views INVOLVING CHILDREN 8.5.1 8.5.2 The child, subject to her/his level of understanding, must be given opportunities to contribute meaningfully to the conference through the provision of: • Information about process (conference and child protection plan) • Practical support to make a meaningful contribution In practice, the appropriateness of including an individual child must be assessed in advance and relevant arrangements made to facilitate attendance at all or part of the conference. SET LSCB PROCEDURES 2006 164 CHILD PROTECTION CONFERENCES 8.5.3 Where it is assessed, in accordance with the criteria below, that it would be inappropriate for the child to attend, alternative arrangements must be made to ensure her/his wishes and feelings are made clear to all relevant parties – e.g. use of an advocate, written or taped comments. Criteria for presence of child at conference 8.5.4 The primary questions to be addressed are: • Does the child have sufficient understanding of the process • Has s/he expressed an explicit or implicit wish to be involved • Parents’ views about the child’s proposed presence • Is inclusion assessed to be of benefit to the child 8.5.5 The test of ‘sufficient understanding’, is partly a function of age and partly the child’s capacity to understand. 8.5.6 Generally, a child younger than 12 years of age is unlikely to be able to be a direct and/or full participant in a forum such as a conference. An older child is potentially able to contribute. However, the social worker must consider each child individually taking into account her/his maturity, intellectual and cognitive development. 8.5.7 In order to establish her/his wish with respect to attendance the child must be first provided with a full and clear explanation of purpose, conduct, membership of the conference and potential provision of an advocate or support person. 8.5.8 Written information translated into the appropriate language should be provided to those able to read and an alternative medium e.g. tape, offered to those who cannot read. 8.5.9 A declared wish not to attend a conference (having been given such an explanation) must be respected. 8.5.10 Consideration should be given to: • The impact of the conference on the child e.g. if they have a significant learning difficulty or where it will be impossible to ensure they are kept apart from a parent who may be hostile and/or attribute responsibility onto them • The views of and impact on parent/s of their child’s proposed attendance SET LSCB PROCEDURES 2006 165 CHILD PROTECTION CONFERENCES Indirect contributions when a child is not attending 8.5.11 8.5.12 When a child is not attending, the social worker must ensure that the child’s wishes and feelings are effectively represented. Means to achieve this include one or more of the following: • A pre-meeting with the conference chair • Representation via an advocate or supporter • Written statements, emails, text messages, taped comments and/or drawings prepared alone, with the social worker or with independent support • Agreeing that the social worker, or any other professional, expresses their views Where the child is too young to attend and/or unable to express their views verbally / in writing, the social worker must ensure that alternative strategies have been employed to ascertain the child’s views, wishes, feelings e.g. observations, drawings. Direct involvement of a child in a conference 8.5.13 In advance of the conference, the chair and social worker should agree whether: • The child attends for all or part of the conference, taking into account confidentiality of parents and/or siblings • S/he should be present with one or more of her/his parents • The chair meets the child alone or with a parent / carer prior to the meeting 8.5.14 If the child attends all or part of the conference, it is essential that s/he is prepared by the social worker or independent advocate, who can help her/him prepare a report / tape recording or rehearse any particular points that the child wishes to make. 8.5.15 Those for whom English is not a 1st language should be offered and provided with an interpreter. 8.5.16 Provision should be made to facilitate a child who has any form of disability to participate (see 10.11 Interpreters, Signers & Others with Special Communication Skills). 8.5.17 Consideration should be given to enabling the child to be accompanied by a supporter or an advocate. SET LSCB PROCEDURES 2006 166 CHILD PROTECTION CONFERENCES 8 .6 EXCLUSION OF FAMILY MEMBERS FROM A CONFERENCE 8.6.1 Exceptionally it may be necessary to exclude 1 or more family members from part or all of a conference. 8.6.2 These situations will be rare, and the conference chair must be notified as soon as possible by the social worker if it is considered necessary to exclude 1 or both parents for all or part of a conference. The chair should make a decision according to the following criteria: • Indications that the presence of the parent may seriously prejudice the welfare of the child • Sufficient evidence that parents / carers may behave in such a way as to interfere seriously with the work of the conference such as violence, threats of violence, racist, or other forms of discriminatory or oppressive behaviour or being in an unfit state e.g. through drug, alcohol consumption or acute mental health difficulty (but in their absence, a friend or advocate may represent them at the conference) • A child requests that the parent / person with parental responsibility or carer are not present while s/he is present • The need (agreed in advance with the conference chair) for members to receive confidential information that would otherwise be unavailable, such as legal advice or information about a criminal investigation • Potential conflicts between different family members may indicate that they attend at separate times e.g. in situations of domestic violence 8.6.3 Where a worker from any agency believes a parent should, on the basis of the above criteria, be excluded, representation must be made, if possible at least 3 days in advance, to the chair of the conference. 8.6.4 The agency concerned must indicate which of the grounds it believes is met and the information or evidence the request is based on. The chair must consider the representation carefully and may need legal advice. 8.6.5 If, in planning a conference, it becomes clear to the chair that there may be conflict of interests between the children and parents, the conference should be planned so that the welfare of the child can remain paramount. 8.6.6 This may mean arranging for the child and parents to participate in separate parts of the conference and for separate waiting arrangements to be made. SET LSCB PROCEDURES 2006 167 CHILD PROTECTION CONFERENCES 8 .7 8.6.7 Any exclusion period should be for the minimum duration necessary and must be clearly recorded in the conference minutes. 8.6.8 It may also become clear at the beginning or in the course of a conference, that its effectiveness will be seriously impaired by the presence of the parent/s. In these circumstances, the chair may ask them to leave. 8.6.9 Where a parent is on bail, or subject to an active Police investigation, it is the responsibility of the chair to ensure that the Police can fully present their information and views and also that the parents participate as fully as circumstances allow. This may involve the chair and Police having a confidential meeting prior to the conference. 8.6.10 The decision of the chair over matters of exclusion is final regarding both parents and the child/ren. 8.6.11 If the chair has decided, prior to the conference, to exclude a parent, this must be communicated in writing to the parent who must be informed about how to make their views known, how s/he will be told the outcome of the conference and about the conference complaints procedure (see 8.12 Complaints by Service Users). 8.6.12 If a decision to exclude a parent is made, this must be fully recorded in the minutes. Exclusion at 1 conference is not reason enough in itself for exclusion at further conferences. 8.6.13 Those excluded should be provided with a copy of the social workers report to the conference and be provided with the opportunity to have their views recorded and presented to the conference. 8.6.14 Where a parent / carer attends only part of a conference as a result of exclusion, s/he will receive the record of the conference. The chair should decide if the entire record is provided or only that part attended by the excluded parent / carer. INFORMATION FOR CONFERENCE SOCIAL WORK REPORT 8.7.1 The social worker should provide to the conference a legible, signed and dated written report, using the agency pro-forma for initial and review child protection conference reports. This must provide information regarding the decisions and outcomes of the s.47 enquiry. SET LSCB PROCEDURES 2006 168 CHILD PROTECTION CONFERENCES 8.7.2 A separate report must include detailed information of each individual child who is a subject of the conference (previously decided by the social worker and her/his manager). 8.7.3 Even if not the subject of the conference, all children in the household need to be considered and information provided on each. 8.7.4 The report should be provided to parents and older children (to the extent believed to be in their interests) at least 48 hours in advance of initial conferences and 5 working days before review conferences, to enable any factual inaccuracies to be identified, amended and areas of disagreement noted. Where this has not been possible the social worker will advise the conference of the reason. 8.7.5 Where necessary, the reports should be translated into the relevant language or medium and provided to parents and older children within the timescale specified in 8.7.4. 8.7.6 The report should be provided to the chair at least 48 hours prior to the initial conference and 5 working days in advance of the review conference (see 8.6.9 in relation to Police reports). 8.7.7 The report will be sent out after the conference (with the chair’s report) to those invited to the conference. INFORMATION FROM OTHER AGENCIES 8.7.8 It is the responsibility of all those agencies that have participated in the enquiry or have relevant information to make it available to the conference. This should be in the form of a written, legible and signed report available to the chair, 48 working hours in advance of the conference. Where an initial conference is convened at short notice (see 8.11.4), verbal reports may be presented from agencies. 8.7.9 All agencies should have a report pro forma and reports must make it clear which child/ren are the subject of the conference, and address any known circumstances of all children in the household. 8.7.10 For agencies in contact with the family, reports should be shared before the conference, in the same way as described for the social work report and where necessary, should be translated into the appropriate language or medium. 8.7.11 The reports will be attached to the chair’s report for circulation. 8.7.12 Where an agency representative is unable to attend s/he must ensure a written report is made available, through the chair and, that an appropriately informed and authorised colleague attends in her/his place. SET LSCB PROCEDURES 2006 169 CHILD PROTECTION CONFERENCES 8 .8 CHAIRING OF CONFERENCE 8.8.1 The chair of a child protection conference: • Should be a professional with sufficient status to ensure interagency commitment to the conference and child protection plan • Should be independent of operational or line management responsibilities for the case • Is accountable to the Director of Children’s Services 8.8.2 Wherever possible the chair of the initial conference should also chair any subsequent review conferences. 8.8.3 The chair must provide the opportunity for a meeting with the child and family members (and interpreters if required) prior to commencing the conference to ensure they understand the purpose of the meeting, how it will be conducted and can ask any questions they may have. 8.8.4 At the start of the conference the chair will: 8.8.5 • Set out the purpose of the conference • Confirm the agenda • Emphasise the need for confidentiality • Address equal opportunities issues e.g. specifying racist, homophobic and threatening behaviour will not be tolerated • Clarify contributions of those present, including supporters of the family During the conference the chair will ensure that: • The conference maintains a focus on the welfare of the child/ren • Consideration is given to all the children in the household • All those present, including the parents and child/ren if present, make a full contribution and that full consideration is given to the information they present • Reports of those not present are made known to parties • The wishes and feelings of the child/ren are clearly outlined • Issues of race, religion, language, class, gender, sexuality and disability are fully taken into account by the conference • Appropriate arrangements are made to receive 3rd party confidential information • Through consideration of verbal and written reports at the conference, members share a view regarding a child protection plan for each child in the household i.e. not just for the child with whom they have direct contact SET LSCB PROCEDURES 2006 170 CHILD PROTECTION CONFERENCES 8.8.6 8 .9 • The conference reaches decisions in an informed and systematic way • All concerned are advised / reminded of the complaints procedure • Arrangements are made with the social worker for absent parents or carers to be informed of the decisions of conferences If the child is made the subject of a child protection plan, the chair should ensure that: • A qualified social worker from Children’s Social Care is identified to develop, co-ordinate and implement the protection plan (if this is not possible, the relevant 1st line manager should be the point of contact and procedures relating to unallocated cases in 14.4 followed) • A core group is identified of family members and professionals • A date is set for the 1st core group meeting within10 working days of the conference and timescales set for subsequent meetings • A date for the child protection review conference is set • The child protection plan (see 8.9.22-4 and 9.4) is outlined and clearly understood by all concerned including the parents and where appropriate the child 8.8.7 If the child is not made the subject of a child protection plan or the child protection plan is discontinued, the chair must ensure consideration is given to any need to promote the child’s welfare, through the use of a child in need plan and appropriate recommendations made (see 9.2 and 9.3). 8.8.8 If parents / carers disagree with the decision of the conference, the chair must ensure this is recorded and explain the complaints process (see 8.12). 8.8.9 The chair should ensure that the decision of the conference is entered into agency records through use of the appropriate forms at the end of the meeting and forwarded to the designated Children’s Social Care manager. ACTIONS AND DECISIONS OF THE CONFERENCE THRESHOLD FOR A CHILD PROTECTION PLAN 8.9.1 As described in Working Together to Safeguard Children 2006 (paragraph 5.103) the conference should consider the following question when determining whether to make a child subject to a child protection plan: • Is the child at continuing risk of significant harm? SET LSCB PROCEDURES 2006 171 CHILD PROTECTION CONFERENCES 8.9.2 8.9.3 The test is that either: • The child can be shown to have suffered ill-treatment or impairment of health or development as a result of physical, emotional, or sexual abuse or neglect, and professional judgement is that further ill-treatment or impairment is likely; or • A professional judgement, substantiated by the findings of enquiries in this individual case or by research evidence, is that the child is likely to suffer ill-treatment or the impairment of health and development as a result of physical, emotional or sexual abuse or neglect If the child is at continuing risk of significant harm, then s/he will require inter-agency help and intervention delivered through a formal child protection plan. AGREEING A CHILD PROTECTION PLAN 8.9.4 The chair of a conference is responsible for the conference decision. S/he will consult conference members, take account of any written contributions received and aim for a consensus as to the need for a child protection plan, but ultimately will make the decision and note any dissenting views. 8.9.5 Any dissent by professionals must be recorded in the conference minutes (see also 8.10 Challenges by Professionals and 14.5 Resolution of Professional Disagreement). 8.9.6 The decision making process will normally take place with parents / carers present. 8.9.7 The need for a child protection plan should be considered separately in respect of each child in the family or household. 8.9.8 Where a pre-birth conference has decided that an unborn child is in need of a child protection plan, her/his surname and expected date of delivery should be recorded immediately into the social care record (see 8.2.19). 8.9.9 The name and correct date of birth must be entered into all agency records (including those held by the child protection manager) at birth. CATEGORY OF ABUSE OR NEGLECT 8.9.10 If the decision is that the child is at continuing risk of significant harm and in need of a child protection plan, the chair will determine, in consultation with conference members, under which category of abuse or neglect the child has suffered, or is likely to suffer. SET LSCB PROCEDURES 2006 172 CHILD PROTECTION CONFERENCES 8.9.11 The category/ies used (physical abuse, emotional abuse, sexual abuse and neglect) must indicate to those consulting the child’s social care record the primary presenting concerns at the time the child became subject of a child protection plan, based on all the information obtained during assessments and analysis. For further information on the definition of these categories see module 4. 8.9.12 Multiple categories should not be used to cover all eventualities, but it may, on occasions be appropriate to use more than 1 category if each of the categories reaches the threshold for significant harm and if a specific risk might otherwise be underestimated. 8.9.13 Emotional abuse should only be used as a 2nd category if substantial concern is indicated. 8.9.14 If a decision is made that an unborn baby will be subject to a child protection plan, the main cause for concern must determine the category and the plan outlined to commence prior to the birth of the baby (see 8.2.19). 8.9.15 The core group must be established and meet if at all possible prior to the birth, and certainly prior to the baby’s return home after a hospital birth. DISCONTINUING THE CHILD PROTECTION PLAN 8.9.16 The same decision making procedure is used to discontinue the use of a child protection plan for a specified child. 8.9.17 As described in Working Together to Safeguard Children 2006 (para. 5.140) a child’s name should no longer be the subject of a child protection plan if: 8.9.18 • A review conference judges that the child is no longer at continuing risk of significant harm and no longer requires safeguarding by means of a child protection plan • The child has moved permanently to another local authority area and the new area has convened a child protection conference (see 8.2.27-31) • The child has reached 18 years of age (though the relevance of vulnerable adult procedures should be considered), has died or has permanently left the UK Where 1 or more agency currently working with a child is not present at the conference deciding to discontinue the child protection plan, the chair may decide to seek their views first. This should be done in writing within 10 working days, and written responses provided within 10 working days. SET LSCB PROCEDURES 2006 173 CHILD PROTECTION CONFERENCES 8.9.19 It is permissible for the child protection manager to discontinue a child protection plan, without the need to convene a child protection conference, only when: • 1 or other of the latter 2 criteria in paragraphs 8.9.17 above are satisfied and • S/he has consulted with relevant agencies present at the conference which first concluded that a child protection plan was required 8.9.20 When a child’s protection plan has been discontinued on the authorisation of the child protection manager, the decision and the consultation with other agencies must be clearly recorded in the child’s social care record. 8.9.21 When a child’s protection plan has been discontinued as a result of a conference conclusion, notification should be sent, as a minimum, to all agencies representatives who were invited to attend the initial conference, which led to the formulation of the plan. ‘OUTLINE’ CHILD PROTECTION PLAN 8.9.22 The chair should ensure that the outline child protection plan drawn up by conference members enables both professionals and the family to understand exactly what is expected of them and what they can expect of others. This should include: • Identification of a qualified experienced social worker as key worker (see 9.4.41 - 4) • Identification of core group membership, and timescales for their meetings and the production of the protection plan (see 9.4) • Time limited short and longer term objectives clearly linked to reducing the likelihood of harm and promoting the child’s welfare • Required outcomes, linked to a reduction in the risk to the child/ren i.e. what needs to change • Identification of further action, core and specialist assessments of the child and family that may be required to ensure sound judgements can be made on how best to safeguard the child and promote her/his welfare • Responsibility for tasks ascribed to specific members of the conference, including family members • Method of monitoring and evaluating progress, including identifying which professional is responsible for checking required changes • Consideration of a contingency plan if agreed actions not completed and / or circumstances change e.g. legal action and the circumstances that would necessitate its use SET LSCB PROCEDURES 2006 174 CHILD PROTECTION CONFERENCES 8.9.23 Where an outline child protection plan has been agreed for a child, a child protection plan must be implemented (see 9.4). 8.9.24 See 9.4 for further details of outline child protection plan, key worker and core group role. CHILD NOT MADE SUBJECT OF A CHILD PROTECTION PLAN 8.9.25 If it is considered that the circumstances do not meet the threshold for a child protection plan to be made or if a child protection plan is to be discontinued, but the child is judged to be in need of help to promote her/his health or development, the conference must ensure that recommendations are made to this effect. 8.9.26 Subject to the family’s views and consent, it may be appropriate to: 8.9.27 • Continue the Core Assessment (if not already completed) of the child’s needs to help determine the support required • Make recommendations about support and help • Establish commitment to multi-agency working, particularly where the child’s needs are complex (this should involve a regularly reviewed child in need plan) Where there is a need for ongoing multi-agency working a multiagency meeting should be convened 3 months after the discontinuation of a child protection plan to provide a formal opportunity to facilitate on-going multi-agency support and provide a first review to a child in need plan. 8.10 CHALLENGES BY PROFESSIONALS DISSENT FROM THE CONFERENCE DECISION 8.10.1 The chair of a conference is responsible for the conference decision. S/he will consult conference members and aim for a consensus, but ultimately will make the decision and note any dissenting views. 8.10.2 Research and fatal case reviews have shown that differences of opinion between agencies can lead to conflict resulting in a less favourable outcome for the child. Therefore, when dissent occurs, the dissenting agency must still remain involved in future decisionmaking and in any child protection plan or child in need plan. 8.10.3 If the dissenting professional believes the decision reached by the chair places a child at (further) risk of significant harm, or the child has been inappropriately made subject to a child protection plan, s/he should seek advice from her/his named / designated / lead professional or manager and follow the procedures for resolution of professional disagreement at 14.5. SET LSCB PROCEDURES 2006 175 CHILD PROTECTION CONFERENCES COMPLAINT ABOUT PROCESS 8.10.4 When professionals are concerned about the management of the conference s/he must seek advice from her/his named / designated / lead professional or manager. 8.10.5 A senior manager of an agency may support these concerns and write to the child protection manager, with copy to the chair and the agency professional. 8.11 ADMINISTRATIVE ARRANGEMENTS & RECORD KEEPING FOR CHILD PROTECTION CONFERENCES 8.11.1 Children’s Social Care is responsible for administering the child protection conference service. 8.11.2 Each authority must have clear arrangements for the organisation of child protection conferences including: • Information leaflets for children and for parents translated into appropriate languages • Standard invitations to children, parents / carers and professionals • Report formats for initial and review conferences 8.11.3 The social worker will book the conference via the reviewing system and determine the invitation list, using the appropriate pro-forma. The invitations will be sent out by the child protection conference administrator. 8.11.4 To maximise multi-agency participation, invitations should be sent out as far in advance as possible i.e.10 working days. If this is not possible, invitations should be done by telephone (see 8.7.8 for report requirements if short notice for an initial conference). 8.11.5 Those attending should be notified of conferences as far in advance as possible and the conference held at a time and place likely to be convenient to those invited (including when childcare support arrangements are available for parents). 8.11.6 All initial and review conferences should be noted by a dedicated person whose sole task within the conference is to provide a written record of proceedings in a consistent format. 8.11.7 Conference records should include: • Name, date of birth and address of the subject/s of the case conference, parents / carers and other adults in the household • Who was invited, who attended and who submitted apologies SET LSCB PROCEDURES 2006 176 CHILD PROTECTION CONFERENCES • A list of written reports available to conference and whether open to parents or not • The purpose of the conference • All the essential facts • Views of child and family members • A summary of discussion at the conference, accurately reflecting contributions made • All decisions reached, with information outlining the reasons • An outline or revised child protection plan enabling everyone to be clear about their tasks • Name of key worker • Members of the core group and date of first meeting • Date of next conference 8.11.8 The decisions of the conference, signed by the chair, will be sent out to all those who attended, or were invited, within 1 working day of the conference. The full record should follow within 15 working days. Any amendment to accuracy of record should be sent, in writing, within 15 working days of receipt of the full record. 8.11.9 Confidential material may be excluded from the parent/s’ copy of the record. 8.11.10 Where a friend, supporter or solicitor has been involved in the conference, it is at the discretion of the parent / child whether s/he personally shares the record. 8.11.11 Where a child has attended a child protection conference, the social worker must arrange to see her/him and arrange to discuss relevant sections of the minutes. 8.11.12 Consideration should be given to whether a child should be given copies of the minutes. 8.11.13 Where parents and / or the child/ren have a sensory disability or where English is not their 1st language, steps must be taken to ensure that they can understand and make full use of the minutes. 8.11.14 Conference minutes are confidential and should not be passed to 3rd parties without the consent of either the conference chair, key worker or order of the court. 8.11.15 In criminal proceedings the Police may reveal the existence of child protection records to the Crown Prosecution Service and in care proceedings the record of the conference may be revealed in court. SET LSCB PROCEDURES 2006 177 CHILD PROTECTION CONFERENCES 8.11.16 Every agency must establish arrangements for the storage of child protection conference records in accordance with its own confidentiality and record retention policies. 8.12 COMPLAINTS BY SERVICE USERS Eligibility 8.12.1 Parents / caregivers or a child (considered by the conference chair to have sufficient understanding), may make a complaint in respect of 1 or more of the following aspects of the conference: • The process employed during the conference • A decision that the child becomes or remains subject of a child protection plan and/or the category of concern selected 8.12.2 All parties must be made aware this complaints process cannot itself change the decisions made and that during the course of a complaint’s consideration, the decision made by the conference stands. 8.12.3 The end result for a complainant will be either that a conference is re-convened under a different chair, that a review conference is brought forward or that it confirms the status quo. 8.12.4 Complaints about an individual agency, its performance and provision (or non-provision) of services should be responded to in accordance with that agency’s complaints handling processes. Immediate resolution 8.12.5 An expressed concern about the conference itself, which arises in the course of the meeting, must be noted and an attempt made by the chair to resolve it with the service user. 8.12.6 If this initial attempt to resolve matters fails, the service user should be reminded of the conference complaints process, and be invited (if necessary assisted by the social worker) to write within 28 days of receipt of minutes, to the conference chair. Stage 1 – exploration by conference chair 8.12.7 The conference chair should inform the Children’s Social Care complaints manager, child protection manager, relevant service manager and all professionals who attended the conference that s/he has received the complaint. SET LSCB PROCEDURES 2006 178 CHILD PROTECTION CONFERENCES 8.12.8 Complaints made outside the 28 day time limit may, in exceptional circumstances and at the discretion of the conference chair, be accepted. 8.12.9 The conference chair should meet with the complainant (who may be supported by a friend or relative) within 7 working days of receipt of the complaint so as to: • Ensure the complainant sufficiently understands the child protection process • Clarify the grounds for, and nature of, the complaint/s • Establish the outcome desired by the complainant • Ensure the complainant understands the scope and relevance of this complaints process with regard to her/his circumstances • Gather relevant information 8.12.10 At the meeting with the complainant the conference chairperson should be accompanied by a colleague who can take notes. 8.12.11 Within a further 7 working days, the conference chairperson should provide a written response to the complainant including notes of the outcome of their meeting. This letter should include information on how to pursue concerns further if the complainant remains dissatisfied. 8.12.12 The response provided to the complainant should be copied to the Children’s Social Care complaints manager. Stage 2 – formal consideration by complaints manager 8.12.13 If, within 28 days of receipt of the stage 1 letter, the complainant notifies the complaints manager that s/he remains dissatisfied and specifies reasons, arrangements must be made to convene, within 28 days, a panel of a minimum of 3 individuals from the LSCB. 8.12.14 The complaints manager in liaison with the child protection manager will make arrangements for this meeting, and the representative of the agency least directly involved in the case will normally fulfil the role of chair. 8.12.15 The panel membership should include at least 2 from amongst the Police CAIU, Children’s Services (Social Care or Education) and health agencies and the individuals should have had no previous or present direct line management responsibility for the case in question. SET LSCB PROCEDURES 2006 179 CHILD PROTECTION CONFERENCES 8.12.16 The panel must be provided with the following documentation: • A formal request to convene • A copy of the relevant conference minutes and the reports that were made available to the conference • Stage 1 meeting notes and correspondence • A list of names, addresses and phone numbers of the conference chair, all other professionals involved and the family concerned 8.12.17 The complaints manager will liaise with the complainant throughout, and be available at the panel, to advise on relevant processes. 8.12.18 The panel should be convened within 28 days of the receipt of the complainant’s letter and consider whether: 8.12.19 8.12.20 8.12.21 8.12.22 • Relevant inter-agency protocols and procedures have been observed correctly and • If any decision in dispute follows reasonably from the processes employed and information presented The panel will: • Hear (directly or in writing) from the complainant, chairperson of the child protection conference and any other relevant person • Consider written material • Reach a decision • Agree the content of their decision letter to the complainant The chairperson should ensure that the panel’s conclusions are put in writing to the complainant within 7 days of its meeting and will: • Confirm membership of the panel • State the decision reached • Provide concise information about how the decision was reached A recommendation must be made to re-convene the conference, under a different chairperson if: • Procedures / protocols relating to the conference were not correctly followed or • The procedures / protocols were correctly followed but the decision of the conference was unreasonable If the panel concludes that procedures relating to the conference were correctly followed and that the decision/s reached were reasonable, it must confirm that the conclusions of the original conference stands and will be routinely reviewed when the review conference is held. SET LSCB PROCEDURES 2006 180 CHILD PROTECTION CONFERENCES 8.12.23 The panel should also consider any specific concerns that may be relevant to communicate to agencies involved with the case and may make recommendations relating to practice or procedure to any LSCB agency. Reconvened conference 8.12.24 The chair of a reconvened child protection conference (initial or review) must ensure that all those present have seen or are briefed at the conference about the decisions reached by the panel. 8.12.25 A distinction must be made by the conference chair between need to discuss the conclusions of the panel and the task of the child protection conference, which is to consider the child/ren’s current circumstances. Further challenge 8.12.26 No further internal processes exist in those cases where the panel concludes that all relevant processes were followed and that the decisions which were made were reasonable. 8.12.27 A complainant who nonetheless remains dissatisfied may wish to pursue her/his grievances via Ombudsman or Judicial review. 8.12.28 In what are likely to be very rare cases, where a re-convened conference has been recommended, held and the complainant does not accept the outcome, the same panel may, (at the discretion of the complaints manager in liaison with the child protection manager) be asked to re-convene and review any remaining and clearly specified concerns. SET LSCB PROCEDURES 2006 181 PLANNING & IMPLEMENTATION 9 P L A N N I N G & I M P L E M E N TAT I O N 9 .1 INTRODUCTION 9.1.1 The Integrated Children’s System provides for the use of a plan for all children in need who are not being looked after or leaving care. Children’s Social Care is responsible for ensuring these plans are developed and implemented. 9.1.2 A child in need plan should identify how the following will be addressed: Identified health and developmental needs of the child • Attributes which impact on the parents’ / carers’ capacities to respond to the child’s needs • Wider family and environmental factors which may have an impact on the child and family 9.1.3 The plan, using the appropriate pro-forma, should be specific about the actions to be taken, identify who is responsible for them, services / resources required, planned outcomes and agreed time-scales. 9.1.4 An initial or ongoing child in need plan should be developed for those children in need where 9.1.5 9 .2 • • An initial / Core Assessment has identified the need for agency service provision • A child protection conference has decided to discontinue the child protection plan, but recommends that further support or intervention is provided Family Group Conferences (FGCs) may be used both as part of a child in need plan and as part of a child protection plan (see 9.5) INITIAL CHILD IN NEED PLAN 9.2.1 9.2.2 An initial child in need plan is used to support the provision of services by Children’s Social Care: • Whilst other assessments are carried out or • Following an Initial Assessment, where service provision will be for a time limited period and the circumstances do not warrant a Core Assessment The role of other relevant agencies should be considered within this initial plan and their involvement discussed and agreed with them, possibly using a multi-agency meeting to formulate the plan. SET LSCB PROCEDURES 2006 182 PLANNING 9.2.3 9 .3 This plan (using a pro-forma consistent with the last page of the ICS Initial Assessment record) must set a review date within 3 months, at which point the social worker and line manager should decide that: • There should be no further action (in which case all agencies involved in the plan should be informed) or • A further child in need plan (see 9.3) should be developed taking account of the outcomes of the initial child in need plan and • Consideration be given to a Core Assessment being undertaken 9.2.4 If there is a decision by any agency of a withdrawal of service included in the plan, all involved agencies must be informed and consideration given to bringing forward the review date. 9.2.5 Where there is a significant change in the child’s circumstances, this plan may need to be replaced by a more appropriate plan prior to the review date e.g. child protection plan, care plan. CHILD IN NEED PLAN 9.3.1 9 .4 & IMPLEMENTATION A child in need plan (using a pro-forma consistent with the ICS ‘child’s plan’ format) should be used: • Where there is ongoing Children’s Social Care provision after the review of the initial child in need plan • Following a Core Assessment, where ongoing Children’s Social Care provision is planned 9.3.2 The plan should be formulated with the child and family and any other involved agencies. See local child care procedures for further details. 9.3.3 The plan must be monitored and reviewed at regular intervals. CHILD PROTECTION PLAN 9.4.1 When a child protection conference agrees an outline child protection plan (see 8.9.22 - 24) a key worker from Children’s Social Care should be appointed to co-ordinate and lead all aspects of the inter-agency child protection plan. 9.4.2 The forum to undertake this co-ordinated multi-agency work is the core group, whose membership will have been identified at the child protection conference. SET LSCB PROCEDURES 2006 183 PLANNING & IMPLEMENTATION CORE GROUP Responsibilities 9.4.3 The core group is responsible for formulation and implementation of the detailed child protection plan, previously outlined at the conference. The core group pro-forma must be used routinely to ensure a focus on identified risks and what needs to change to reduce them to an acceptable level. 9.4.4 All members of the core group are jointly responsible for: • Collecting information to assist the key worker in completing the Core Assessment • Formulation and implementation of the child protection plan as a detailed working tool • Monitoring progress of the plan against specified objectives • Making recommendations to subsequent review conferences about the need for and content of any future protection plans • Participating in the compilation of the Core Assessment 9.4.5 Where any member of the core group is aware of difficulties implementing the protection plan due to changed or unforeseen circumstances, the key worker must be informed immediately and consideration given to recalling the core group to re-consider the protection plan. 9.4.6 Circumstances, about which the key worker should be informed, include inability to gain access to a child subject to a child protection plan, for whatever reasons, on 2 consecutive home visits. 9.4.7 If the difficulty in implementing the protection plan impacts on the safety of the child, the key worker and all core group members should consider the need for a s. 47 enquiry and / or bringing forward the date of the review child protection conference and / or for immediate legal action. 9.4.8 If members are concerned that there are difficulties implementing the protection plan arising from disagreement amongst professional agencies or a core group member not carrying out agreed responsibilities this must be addressed by: 9.4.9 • Firstly, discussion with core group members • Secondly, if required, referral to respective line managers • If the situation remains unresolved, the matter should be referred to the service manager See 14.5 for additional information on the procedure to be followed for resolution of professional disagreement. SET LSCB PROCEDURES 2006 184 PLANNING & IMPLEMENTATION Membership 9.4.10 Core group membership will have been identified at the child protection conference and include the key-worker, parents / carers, child (if appropriate) and other relevant family members. 9.4.11 The allocated social worker should normally chair core group meetings, though another member may do so if it would otherwise have to be postponed. 9.4.12 Professionals and foster carers in direct regular contact with the child should also be included. Timing 9.4.13 The date of the 1st core group meeting must be within 10 working days of the initial or review child protection conference. 9.4.14 This date must be arranged at the end of the conference, along with an indication of the required frequency of subsequent meetings. 9.4.15 Good practice would be for the core group to meet subsequently at least every 6 weeks of its initial meeting. More regular meetings may be required according to the needs of the child. 9.4.16 Dates for future meetings must be agreed at the 1st core group meeting following each conference. FORMULATION OF CHILD PROTECTION PLAN 9.4.17 9.4.18 9.4.19 Working Together to Safeguard Children 2006 (para.5.124) states that ‘the overall aim of the child protection plan is to: • Ensure the child is safe and prevent her/him from suffering further harm • Promote the child’s health and development i.e. her/his welfare and • Provided it is in the best interests of the child, to support the family and wider family members to safeguard and promote the welfare of their child’ Families must be enabled to understand: • Causes for concern resulting in the decision to formulate a child protection plan • What needs to change in the future and • What is expected of them as part of that plan All agencies must be clear about their respective roles and responsibilities in implementing the plan. SET LSCB PROCEDURES 2006 185 PLANNING & IMPLEMENTATION 9.4.20 The plan will be outlined at the conference. Key-worker and core group are responsible for ensuring it is drawn up in detail and acted upon. 9.4.21 The core group will, as described above, regularly review and where necessary modify the child’s protection plan. 9.4.22 The plan will constitute an agenda item at each review conference. 9.4.23 The child protection plan should be used to clarify expectations and assist in joint working towards shared goals. It can also be used as evidence, in any legal proceedings of the efforts made to work in partnership and this must be made clear to parents. Outline child protection plan 9.4.24 An outline plan must be drawn up at initial and review conferences, following the decision to make or continue a child protection plan. 9.4.25 The aim of the outline plan is to assist the core group form a clearer focus of work with the family and to define explicitly individual professional responsibilities. 9.4.26 The outline plan should identify the: 9.4.27 • Strengths and difficulties in each domain of the Assessment Framework (child’s developmental needs, parenting capacity and family & environmental factors) • Services or actions designed to respond to the identified needs • Start date, frequency and length of each input • Person / agency responsible, including family members • Planned outcomes of each intervention, including required progress to be achieved within specified timescales The planned interventions should address: • Broad objectives for child’s welfare, identifying specific needs • Identification of risk factors and actions required to protect the child • Time limited short and longer term objectives • Required outcomes linked to a reduction in the risk to the child • Time scales for the completion of Core Assessment, if appropriate • Identification of any specialist assessments of the child and family that may be required to ensure sound judgements can be made on how best to safeguard the child and promote her/his welfare • Method of monitoring and evaluating progress, including identifying which professional is responsible for checking required changes • Consideration of a contingency plan and the circumstances that would necessitate its use SET LSCB PROCEDURES 2006 186 PLANNING & IMPLEMENTATION 9.4.28 The outline plan should include an indication of what the conference believes needs to change before the child protection plan can be discontinued. 9.4.29 There should be no reduction in service level or significant change to the child protection plan without child protection conference approval. Child protection plan 9.4.30 The core group is responsible for drawing up in more detail the child protection plan for each child. 9.4.31 The content of the plan should be based on the analysis of the information shared at the conference and should cover: 9.4.32 • A description of identified developmental needs, strengths and difficulties with regard to health, education, emotional & behavioural development, identity, family & social relationships, social presentation, self-care skills and family and environmental factors • Identification of risks to the child and means of protection • Specific and achievable services or actions designed to respond to identified needs • Start date, frequency and length of each input • Identification of what needs to change to reduce the risk of significant harm • Person / agency responsible, including family members • Roles and responsibilities of professionals in routine contact with family • Planned outcomes of each intervention, including required progress to be achieved within specified timescales • Frequency of reviews of the plan and the date of the next core group meeting The planned interventions should address: • Ethnic / cultural / religious considerations – e.g. necessity for an interpreter, avoidance of appointments with family on significant religious festivals • Issues arising from any disability of parent / carer and/or the child • Identification of parenting strengths • Identification of actions to promote the child’s health and development and actions to support the family and wider family members in promoting the welfare of the child • Description of the nature and frequency of contact with the child and roles and responsibilities of professionals, including specialist resources SET LSCB PROCEDURES 2006 187 PLANNING & IMPLEMENTATION • Identification of the need for any further core and/or specialist assessments • Establishment of specific short and long term aims and objectives, with clear time scales • Identification of measurements for success (how will the family and professionals know there has been change?) • Method of monitoring and evaluating progress, including identifying professional/s responsible • Consideration of a contingency plan if circumstances change quickly, or if insufficient change occurs 9.4.33 If the plan’s contents have not been discussed with any of the parties / agencies concerned, the reasons must be stated on the plan. 9.4.34 Any dissent about the plan, by family or professionals, must be recorded, with reasons. Agreeing the plan with the child 9.4.35 The plan must consider the wishes and feelings of the child. It must be explained to her/him (in accordance with level of understanding), using an interpreter if required. 9.4.36 The child should be given a copy of the plan written at a level appropriate to her/his understanding and in her/his preferred language and be provided with the opportunity to record her/his comments, including areas of disagreement. Agreeing the plan with parent/s 9.4.37 The plan must consider parental views insofar as they are consistent with the child’s welfare and parents should be provided with the opportunity to record their comments, including areas of disagreement. 9.4.38 The parents should be clear about the evidence of significant harm, what needs to change and what is expected of them and professionals as part of the plan. Parents should be given a copy of the plan in their preferred language and must be told about their right to complain and the procedure for so doing. Circulation of child protection plan to core group 9.4.39 The key worker must record the child protection plan and circulate it to all core group members, conference chair and 1st line manager within 5 working days of the meeting. The signed plan should be returned to the key worker within another 5 working days. SET LSCB PROCEDURES 2006 188 PLANNING & IMPLEMENTATION Agency & professional responsibility 9.4.40 All agencies are responsible for implementation of the child protection plan and all professionals must ensure they are able to deliver their commitments, or if not possible, that these are re-negotiated. KEY WORKER ROLE 9.4.41 At every initial or pre-birth conference, where a decision is made that a child should be the subject of a child protection plan, the social work 1st line manager is responsible for identifying a key worker for the child. 9.4.42 The key worker should: • Convene and chair 1st and subsequent core group meetings • Ensure that the outline child protection plan is developed, in conjunction with members of the core group, into a detailed multiagency protection plan • Clearly note and include in the written record any areas of disagreement • Ensure core group members, child (where appropriate) and family have the opportunity to sign the protection plan and that it is copied and circulated to all signatories and maintained on the child’s social care record • Obtain a full understanding of the family’s history (which must involve reading Children’s Social Care records, including those relating to other children who have been part of any households including the current carers of the child – additional information should be obtained from relevant other agencies and local authorities) • Complete the Core Assessment of the child and family (if not previously completed), securing contributions / information from core group members and any other agencies with relevant information • Co-ordinate the contribution of family members and all agencies in putting the plan into action and reviewing the objectives stated in the plan • Ensure the child/ren are seen at least every 10 working days by the key worker or by another member of the core group • Ensure that the key worker her/himself sees the child at home at least every 6 weeks • Ensure that the child’s bedroom is seen at least once between each conference (see below) • Ensure s/he see the child alone (with parent’s agreement) or babies awake at least every 6 weeks (if parents refuse permission the Children’s Social Care line manager must be informed) SET LSCB PROCEDURES 2006 189 PLANNING & IMPLEMENTATION 9.4.43 9.4.44 The frequency of contact by key worker and core group members detailed above is the minimum standard and additional local procedures apply, and in: • Southend and Thurrock, the key worker is expected to see the child at least fortnightly (unless otherwise agreed as part of the child protection plan and authorised by the service manager) • Essex the key worker is expected to see the child as stated above or in accordance with the child protection plan (which may include more frequent visits by the social worker and other core group members) If the key worker has difficulty obtaining direct access to the child, the Children’s Social Care line manager must be informed, as well as other core group members. In these circumstances formal agreement must be reached that a member of another agency carry out the faceto-face contact, or that a review conference is called. Such a decision must be recorded and authorised by managers of the agencies concerned and agreed in the child in need plan. Routine written records 9.4.45 The key worker must maintain a complete and up-to-date signed record on the social care record, to include: • The time and date of every home visit, stating who was present, confirmation that the key worker spoke with the child / saw a nonverbal child (including if alone), or providing a clear reason why not • Any information gained or observations made during the visit relevant to the identified risks to the child • Circumstances of all family members • Specific information about key subjects such as meals and sleeping arrangements (the key worker must observe the child’s bedroom at least once between conferences) • Factual reports of the child’s presentation and behaviour (these should be specific and avoid non-specific labels such as ‘disturbed’) • Any new incidents or injuries, which must be subject to full enquiries using the s.47 process • A chronology on the front of the file / in the electronic record to include significant events in the child’s life, including incidents, injuries, family changes etc. • The date, time and content of any communication which relates to the child and family (distinguishing between fact and opinion) SET LSCB PROCEDURES 2006 190 PLANNING & IMPLEMENTATION Responsibility for convening conferences 9.4.46 9.4.47 9.4.48 The key worker is responsible, in liaison with the child protection chair and administrator, for convening the review child protection conference, dates for which should have been set at the previous conference and be no more than: • 3 months after the initial conference • 6 months after a review conference Consideration should be given to bringing forward the date of a review conference in the following circumstances: • Following a new and significant incident relating to concerns about child protection, usually involving a s.47 enquiry • When there is a significant change in the circumstances of the child or family • When there are significant difficulties in carrying out the child protection plan The request to bring forward the date of a review conference should be made by a strategy discussion/meeting of a s.47 enquiry or by the social worker following consultation with core group members, conference chair, and must be authorised by the 1st line manager. Absence of the key worker 9.4.49 It is the responsibility of the key worker, in liaison with the social work manager to ensure that clear cover arrangements are made when s/he will be absent on planned annual leave, training or, where possible, sick leave. 9.4.50 Parents and child must be informed of any planned absences of the key worker, and told who will be covering the role and what contacts will be made. CHILDREN’S SOCIAL CARE 1ST LINE MANAGER ROLE 9.4.51 The 1st line manager has a vital role in managing the progress of the case and supporting the key worker and should: • Read and countersign all significant recordings, assessments and decisions on the child’s file / electronic record, including the chronology • Discuss the progress of the protection plan and any concerns in supervision, including ensuring that there has been adequate direct contact with the child/ren • Ensure supervision and management case decisions are clearly visible and dated in the child’s record SET LSCB PROCEDURES 2006 191 PLANNING & IMPLEMENTATION • Read and countersign conference reports and the child protection plan • Review the plan with the key worker if unexpected developments or crises occur, and decide together whether to recommend that a review child protection conference date be brought forward • Attend initial and review conferences as appropriate e.g. to support an inexperienced social worker in complex cases, part of cover arrangements for an absent social worker • Confirm the visiting frequency of the key worker and the frequency of core group meetings Absence of the key worker 9.4.52 The manager must arrange cover for the key worker in case of sickness and ensure appropriate arrangements are in place when s/he is on annual leave and training, including the checking and any necessary action, resulting from post, e-mails and phone contacts. 9.4.53 If the key worker is to be absent from work for an extended period her / his manager should consider reallocating the case. FURTHER ASSESSMENT 9.4.54 The key worker and 1st line manager must, in supervision, regularly consider the risks to the child and whether further core or specialist assessments should be undertaken. 9.4.55 Further assessments may be helpful in the following circumstances: • On transfer of a case • Prior to consideration of discontinuing the child protection plan • When a child has been subject to a child protection plan for a year • If consideration is being given to initiation of care proceedings • In particularly complex cases INTERVENTION 9.4.56 Intervention must be provided to give the child and family the best opportunities of achieving the required changes. If there are concerns that a child cannot be cared for safely at home, formal consideration should be given to placing them elsewhere whilst work is undertaken with both child and family. 9.4.57 Intervention should address the child’s needs and may involve action to promote her or his health, development and safety, particularly with regard to the need to develop a secure parent-child attachment. SET LSCB PROCEDURES 2006 192 PLANNING & IMPLEMENTATION 9.4.58 Critically, decision making must consider if the child’s developmental needs can be responded to within the family and within timescales appropriate for that child. 9.4.59 See Chapter 4 of the Assessment Framework (DH 2000) for guidance on decisions about interventions. DEATH OF CHILD SUBJECT TO A CHILD PROTECTION PLAN 9.4.60 9 .5 If a child who is subject to a child protection plan dies, from whatever cause, the key worker or her/his manager must immediately inform the Safeguarding & Child Protection Co-ordinator (Southend), Head of Child Protection (Essex), Strategic Leader Safeguarding & Assessment (Thurrock), who will notify the chair of the LSCB. FAMILY GROUP CONFERENCES 9.5.1 Family Group Conferences (FGCs) do not replace or remove the need for a child protection conference, which should always be held when the relevant criteria are met (see 7.13.6). 9.5.2 Circumstances when a FGC might be appropriate include when: • A plan is required for the future welfare of a child in need • s.47 enquiries do not substantiate concerns about significant harm, but support and services are required • s.47 enquiries progress to a child protection conference, and the core group agree a FGC is an appropriate vehicle to use as part of the protection plan e.g. to develop an ‘outline’ into a full plan • A protection conference decides the child should not be the subject of a child protection plan, but that a FGC would be an appropriate part of the child in need plan or the means to devise the plan 9.5.3 Parents / caregivers with parental responsibility need to give their permission for information in relation to themselves and the children to be shared with extended family members. 9.5.4 Effective planning via FGCs relies on provision of accurate information to the family, who need to understand that they are the primary planning group. Family and professionals should be clear about: • Professional findings from any assessments of the child and family • The family’s understanding of their current situation • Decisions required • Decisions already taken • Any non-negotiable issues / decisions i.e. limit of family’s decision making • Available resources to implement the plan SET LSCB PROCEDURES 2006 193 PLANNING & IMPLEMENTATION 9.5.5 Agencies and professionals should agree to support the family’s plan if it does not place the child at risk of significant harm and if the requested resources can be provided. FGC and child protection 9.5.6 The social worker should consult with Police prior to consideration of a FGC if a criminal investigation is ongoing or prosecution pending. 9.5.7 In cases where denial and collusion are identified as being features of the extended family dynamics, e.g. drug / alcohol use is prevalent or where there is inter-generational sexual abuse or domestic violence suspected / alleged, caution should be used when considering the use of a FGC. This should not prevent discussion with the FGC project, but there needs to be clarity about the levels of risk. 9.5.8 Consideration should be given to a FGC at each child protection conference, as family circumstances change and a referral may become appropriate at any stage in the child protection process. 9.5.9 There will be occasions when the family’s plan reduces risks of significant harm to the child, such that a child protection plan will no longer be needed. 9.5.10 On such occasions the 1st line manager must decide whether a review conference should be convened and consideration given to discontinuing the protection plan. SET LSCB PROCEDURES 2006 194 ADDITIONAL PROCEDURES 10 ADDITIONAL PROCEDURES 10.1 ABUSE BY CHILDREN SCOPE 10.1.1 This procedure provides the responses required when there are allegations that a child has abused another child and / or an adult. THRESHOLD FOR REFERRAL Child victim 10.1.2 Severe harm may be caused to children by the abusive and bullying behaviour of other children, which may be of a physical, sexual or emotional nature. 10.1.3 Such abuse must be taken as seriously as that perpetrated by an adult 10.1.4 The same signs and symptoms of abuse that pertain to the abuse of children by adults are applicable to the abuse of children by other children (see module 4). 10.1.5 The effect on the victim of intimidation and peer pressure by her/his abuser may make disclosure difficult for the victim. 10.1.6 Professionals must decide in the circumstances of each case whether or not behaviour directed at another child should be categorised as abusive or not. It will be helpful to consider the following factors: • Relative chronological and developmental age of the 2 children (the greater the difference the more likely the behaviour should be defined as abusive) • A differential in power or authority e.g. related to race or physical or intellectual vulnerability of the victim • Actual behaviour (physical and verbal factors must be considered) • Whether the behaviour could be described as age appropriate or involves inappropriate sexual knowledge or motivation • Physical aggression, bullying or bribery • The victim’s experience and perception of the behaviour • Attempts to ensure secrecy • An assessment of the change in the behaviour over time (whether it has become more severe or more frequent) • Duration and frequency of behaviour SET LSCB PROCEDURES 2006 195 ADDITIONAL PROCEDURES 10.1.7 In sexual activity between children it is important to determine what is developmentally normal sexual experimentation and what is coercive (see also 10.17 Sexually Active Children). Expert advice should be sought if unsure. 10.1.8 When there is suspicion or an allegation of a child having been sexually abused or being likely to be involved in sexually harmful behaviour, it should be referred immediately to Children’s Social Care or the CAIU. Adult victim 10.1.9 If allegations concern abuse of an adult by a child, the Police would normally undertake the criminal investigation, but Children’s Social Care should be advised of any allegation of abusive behaviour by a child, irrespective of the age of the victim. Alleged abuser 10.1.10 The possibility the abuser is or was also a victim should be considered. Bullying 10.1.11 Bullying is a common form of deliberately hurtful behaviour, usually repeated over a period of time, against which it is difficult for victims to defend themselves. 10.1.12 The damage inflicted by bullying is often underestimated and can cause considerable distress to children to the extent that it affects their health and development. In the extreme it can cause significant harm, including self-harm. 10.1.13 It can take many forms, but the three main types are physical e.g. hitting, kicking, theft, verbal e.g. racist or homophobic remarks, threats, name calling and emotional e.g. isolating an individual from social activities. 10.1.14 All settings in which children are provided with services or are living away from home should adopt policies to combat bullying, and in the first instance cases should be dealt with under such policies. 10.1.15 Where there are concerns about sexual abuse or serious or persistent physical or emotional abuse, referrals should be made to Children’s Social Care or the Police CAIU. 10.1.16 Bullying may involve an allegation of crime (assault, theft, harassment) and this must be reported to the Police at the earliest opportunity. SET LSCB PROCEDURES 2006 196 ADDITIONAL PROCEDURES Schools’ role in recognition of abuse 10.1.17 Concerns about possible abuse by one child of another are frequently first considered within a school environment and it may often be unclear if the circumstances should be considered under child protection procedures. 10.1.18 Where there is a clear child protection concern there should be no delay in the referral to Children’s Social Care or the CAIU via the usual referral process e.g. disclosure or witnessing of sexual abuse or allegation of physical assault. 10.1.19 A distinction between behaviour which is inappropriate or undesirable but not abusive, and behaviour which is abusive and warrants child protection intervention will need to be considered. The Education Lead Officers for Child Protection / Safeguarding should be contacted for advice and consultancy to assist in these considerations. 10.1.20 Where further consideration is required prior to deciding the extent and nature of concerns the schools’ role is that of clarification not investigation and staff should: • Ensure parents / guardian of both victim and alleged abuser/s are advised and invited to be present when the children give their version of events (a child should not be re-interviewed on her/his own after the preliminary clarification of facts – s/he must be accompanied by a parent or guardian) • Give the children the opportunity to record or dictate in their own words their version of events, confirm the accuracy of the record and record any disagreement • Keep a written, signed and dated record of pertinent information including date, time and those present • Consider any need to separate the children within the school environment and the possible need to send one or both home (this must be done through the formal routes of either exclusion or leave of absence) • Consider power imbalances with respect to age, ability and aptitude e.g. is one child peer mentoring the other child? RESPONSE 10.1.21 These procedures are additional to those that apply to all children. 10.1.22 The immediate safety of the identified victim must always be the paramount consideration. However, whenever a child may have abused another, all agencies must be aware of their responsibilities to both individuals and multi-agency management of the case must reflect this. SET LSCB PROCEDURES 2006 197 ADDITIONAL PROCEDURES 10.1.23 It is likely that the alleged abuser may pose a significant risk of harm to other children, have considerable needs themselves and may also be or have been the victim of abuse. Strategy discussions 10.1.24 On receipt of a referral to Children’s Social Care, an initial decision will be made on whether the threshold for a s.47 enquiry has been reached. 10.1.25 A strategy discussion must take place between Children’s Social Care and the CAIU to share the information and determine whether there should be a single or joint investigation. 10.1.26 Where the decision is reached that the alleged behaviour does not constitute abuse and there is no need for further enquiry or criminal investigation, the details of the referral and the reasons for the decision must be recorded. 10.1.27 In these circumstances consideration should be given to the need for any further assessment or support services, from any agency, for either child. In the case of a child’s sexualized, extreme physically or emotionally harmful behaviour, consideration should be given to the use of a child in need plan or in Thurrock, the Abusive Behaviour in Children (ABC) Panel. 10.1.28 Where the decision is reached that the behaviour does constitute alleged abuse and the suspected abuser is a young person, Children’s Social Care must convene a strategy discussion (usually a meeting) within the s.47 time-scales (see 7.3). 10.1.29 In cases where the alleged abuser is below the age of criminal responsibility, those involved in the strategy discussion should agree whether or not Police involvement in the enquiry is necessary. 10.1.30 When the young people concerned are the responsibility of different local authorities, each must be represented at the strategy discussion, which will usually be convened and chaired by the authority in which the victim lives. The strategy discussion must consider the needs of both children. 10.1.31 A different social worker should be allocated for the victim and the abuser, even when they live in the same household, to ensure that both are supported through the process of the enquiry and that both their needs are fully assessed. SET LSCB PROCEDURES 2006 198 ADDITIONAL PROCEDURES 10.1.32 10.1.33 10.1.34 The strategy discussion will be convened and chaired by Children’s Social Care and a record made. The following individuals should be invited to the meeting: • Social worker for the child who is suspected or alleged to have abused another person • Social worker for the child alleged to have been abused • Social workers’ 1st line manager/s • Police CAIU • YOT representative where the alleged abuser is aged ten or over • School representative/s (particularly if the concerns suggest that other children in the school setting may have been or may be at risk of being abused) • School nurse or other health services staff as required • Representatives of fostering or residential care as applicable • Children’s Services (Education) lead officer • Education welfare service • Any other professionals involved with the child (or where relevant the family) e.g. CAMHS forensic professionals The discussion must plan in detail the respective roles of those involved in enquiries and ensure that: • Information relevant to the protection needs of the alleged victim is gathered • Any criminal aspects of the abuse are investigated • Any information relevant to any abusive experiences and protection needs of the alleged abuser is obtained In planning the investigation the following factors should be considered: • Age of both children • Seriousness of the alleged incident • Effect on the victim and their own view of their safety • Parental attitude and ability to protect their child • Arrangements to protect the victim and other children, especially where the victim and alleged perpetrator are in the same household or school class • Whether there is suspicion that the alleged abuser has also been abused • Whether there is reason to suspect that adults are also involved • The likelihood and desirability of criminal prosecutions taking place SET LSCB PROCEDURES 2006 199 ADDITIONAL PROCEDURES 10.1.35 Where there is suspicion that the child is both an abuser and a victim of abuse, the strategy discussion must consider the order in which interviews will take place. 10.1.36 Where Police decide to conduct a separate ‘offender’ interview, Children’s Social Care will not normally be involved other than in performing any statutory responsibilities to the child e.g. as appropriate adult. 10.1.37 Throughout the enquiry, the immediate protection of the child/ren must be ensured, if that is necessary. OUTCOME OF ENQUIRIES 10.1.38 The outcome of enquiries is as described in 7.13. However, the position of the alleged victim and the alleged abuser must be considered separately. 10.1.39 If the information gathered in the course of enquiries suggests that the alleged abuser is also a victim, or potential victim, of abuse including neglect, a child protection conference must be convened. 10.1.40 Where there are no grounds for a child protection conference, but concerns remain regarding the child’s sexually harmful behaviour, s/he will be considered as a child in need. In such cases, referral can be made (in Essex) to the Sexually Abusive Behaviour Forum or (in Thurrock) the Abusive Behaviour in Children Panel. CHILD PROTECTION CONFERENCE 10.1.41 Standard child protection conference procedures should be followed (see module 8). In addition: • Consideration should be given to inviting a YOT representative to the conference of alleged abusers aged 10 or over, and informing the YOT of the meeting in the case of younger children • As well as carrying out all of its normal functions the child protection conference must consider how to respond to the child’s needs as a possible abuser • Where the alleged abuser is not registered, 10.1.40 applies CRIMINAL PROCEEDINGS 10.1.42 The decision as to how to proceed with the criminal aspects of a case will be made by the Police and the Crown Prosecution Service (CPS). This decision will take into account any recommendations of the YOT and the views of other professionals. SET LSCB PROCEDURES 2006 200 ADDITIONAL PROCEDURES 10.1.43 Best practice suggests criminal proceedings should not be taken if: • Criminalising certain types of behaviour might be detrimental to the interests of all concerned • It is inappropriate to pursue the criminal aspects of the case because the professionals are satisfied that sexual activity took place but that it was not abuse MULTI AGENCY CHILD IN NEED MEETINGS 10.1.44 Where there are insufficient grounds for holding a child protection conference, or where one has been held but it was concluded that a child protection plan was not required, a multi-agency approach will still be needed if the young abuser’s needs are complex. 10.1.45 See appendix 2 for local information on multi-agency CIN meetings / Thurrocks Abusive Behaviour in Children Panel and Essex’s Sexually Abusive Behaviour Forum (SABF). 10.1.46 Young people with inappropriate sexual behaviour who are re-entering the community following a custodial sentence or time in secure accommodation, or who move into an area from another local authority also require such a multi-agency assessment and planning of intervention (and may be referred as part of the MAPPA process). 10.1.47 In Essex, this meeting should be convened by the SABF and include the full participation of the local operational team. 10.2 ABUSIVE IMAGES OF CHILDREN & INFORMATION COMMUNICATION TECHNOLOGY (ICT) DEFINITION 10.2.1 For the purposes of child protection, potentially abusive images of children can be divided into: • Those which are unlawful and • Material, which although lawful, would give cause for concern and indicate that the person possessing it may pose a risk to children Unlawful material 10.2.2 An abusive image of a child under the age of 18 years old includes images in photographs, films, negatives, video tape, data stored on computers that can be converted into a photograph and ‘pseudophotographs’ (images made by computers graphics, or other means, which appear to be a photograph). This also covers electronic images used by video phones and texting. SET LSCB PROCEDURES 2006 201 ADDITIONAL PROCEDURES 10.2.3 It is for a court to decide what is ‘indecent’ by application of recognised standards of propriety. 10.2.4 Possession of such material is an offence. Taking, showing or distributing such material amounts to a more serious offence. Lawful material 10.2.5 Lawful material falls outside the above definition, but may involve children in an indecent or sexual context. This could include pictures, cartoons, literature or sound recordings e.g. books, magazines, audio cassettes, tapes, CD’s. 10.2.6 The Police CAIU can provide advice generally on matters of abusive images of children to other agencies. RECOGNITION 10.2.7 Abusive images may be found in the possession of those who use it for personal use or distributed or used with children as part of the grooming process. Use of the Internet 10.2.8 The internet has become a significant tool in the distribution of abusive images of children, enabling ready access to such material. It may be downloaded and printed off in picture form or stored electronically on the hard drive of a computer, CD Rom, floppy disk etc. 10.2.9 Some adults use it to establish contact with children with a view to grooming them for inappropriate or abusive relationships. This may be accomplished through ‘chat rooms’ or contact by e-mail and may constitute an offence under The Sexual Offences Act 2003. 10.2.10 Children may be encouraged to access abusive images of children themselves through using apparently innocent words in an internet search engine. 10.2.11 Parents may wish to seek advice from their internet service provider of software programmes to limit access to sites that may be unsuitable for children. 10.2.12 See contact details in appendix 1 for sources of advice on internet safety. SET LSCB PROCEDURES 2006 202 ADDITIONAL PROCEDURES RESPONSE 10.2.13 Parents or professionals should inform Police if they are aware that a child has been the recipient of any suspicious contact through the internet or in receipt of pornographic material, as described above. 10.2.14 Police must be informed of any information that a person may be in possession of abusive images of children or have placed / accessed abusive images of children on the internet. 10.2.15 Any information that a child may have been inappropriately contacted or approached, directly or via the internet, should also be passed to the Police. 10.2.16 If Police are informed of concerns that an individual may be involved in creation, distribution or possession of abusive images of children, consideration must be given to the possibility s/he might also be actively involved in their abuse. Her/his access to children should be established, including family and work settings. Police should check whether anyone involved is known to Children’s Social Care. 10.2.17 The Police must inform Children’s Social Care and a strategy discussion held whenever it is suspected a parent or carer of children or someone with access to children in other contexts e.g. employment: 10.2.18 • Is in possession of child abusive images of children and/or • Has taken, shown or distributed child abusive images of children and/or • Has used the internet to make inappropriate approaches to children The strategy discussion must consider all access the individual has to children and initiate a s.47 enquiry whenever it is confirmed that a parent or carer of child/ren, or someone with access to child/ren has been involved in one or more of the activities detailed above. 10.3 CRIMINAL INJURIES COMPENSATION SCHEME 10.3.1 Children who are victims of offences of violence (committed within or outside the family) may be entitled to criminal injuries compensation whether or not there has been a prosecution or conviction and even where there is no physical injury, as in cases of sexual assault. 10.3.2 The Criminal Injuries Compensation Authority (the Authority) has a duty to compensate fairly all those who suffer personal injuries directly attributable to a crime of violence (legal aid may be available to assist in submitting applications and deciding whether or not to accept awards). SET LSCB PROCEDURES 2006 203 ADDITIONAL PROCEDURES 10.3.3 Conditions of the scheme are as follows: • There is a minimum award and the injury must be serious enough to award this minimum compensation payment (currently £1,000) • The incident should have been reported to the Police: the Authority may withhold or reduce compensation if an applicant did not take, without delay, all reasonable steps to inform the Police or another appropriate authority, the circumstances of the injury • There is a 2 year limitation period on making a claim after the incident, unless the Authority exercises its discretion to ‘allow an application out of time’ (for child abuse the Authority may be sympathetic to applications no matter how old) • Compensation will not be paid unless the Authority are satisfied that the offender will not benefit from an award (on granting an award the Authority may appoint trustees to hold the compensation for the benefit of the child making such provisions for maintenance and education as necessary) • Where the child and the person causing the injuries were living in the same household, (as members of the same family) at the time of the injuries, compensation will only be paid where the person responsible has been prosecuted (unless there are good reasons why not) and the Authority are satisfied that it would not be against the child’s interests to make a payment (the Authority are always concerned, particularly in cases of sexual offences, to ensure that offenders do not benefit from awards) CONDUCTING CLAIMS BY CHILDREN 10.3.4 If the local authority holds parental responsibility, Children’s Social Care should help the child make the claim or initiate the claim on her/his behalf. The form should be completed by the social worker and approved by her/his manager. 10.3.5 The local authority has no power to make a claim on behalf of a child unless they are subject to a Care Order. 10.3.6 If the child is looked after, but the local authority does not have parental responsibility, the person with parental responsibility should be approached about the making of a claim. 10.3.7 If this is inappropriate e.g. because that person caused the injuries, is cohabiting with the person who did, or declines to initiate the claim, Children’s Social Care should consider referring the child to an appropriate agency e.g. a solicitor or Victim Support. 10.3.8 A child who has been the subject of a child protection conference may be eligible to apply. Advice and guidance therefore should be given to parents of the child about criminal injuries compensation. SET LSCB PROCEDURES 2006 204 ADDITIONAL PROCEDURES 10.3.9 When a child is not an open case to Children’s Social Care, the Police will be best positioned to advise directly or via Victim Support, that a claim may be possible. 10.3.10 Further information including an application form can be obtained from The Criminal Injuries Compensation Authority, Tay House, 300 Bath Street, Glasgow G2 4LN tel: 0800 3583601 or (for London and South East England) Morley House 26-30 Holborn Viaduct London EC1A 2JQ tel: 020 7842 6800. 10.4 DOMESTIC VIOLENCE 10.4.1 See 5.7 for definition and recognition of the impact on children of domestic violence. 10.4.2 Police are often the first point of contact and they (or any other agency that becomes aware of domestic violence) should safeguard the safety of the victim and: • Ascertain whether there are any children living in the household or if the victim is pregnant • Make a preliminary determination of the degree of exposure of the children to the incidents of violence and its consequent impact • Ascertain whether there is / will be a separation between the victim and suspect • Ascertain whether the suspect has problems with alcohol / drugs / mental health • Ascertain the level of isolation of the victim from family and friends • Where possible provide the victim with information on local support services and refuge details, taking into account any ethnic or cultural issues (available from local domestic violence forums) POLICE NOTIFICATION PROCEDURE 10.4.3 Where there are children under the age of 18 years in the household, the Police officer attending a domestic incident must send a copy of the attendance form to the relevant Police domestic violence and hate crime unit (DVHCU). This form will then be inputted onto the joint CAIU / DV intelligence system. 10.4.4 The Police will normally have advised parents verbally that the record will be given to other agencies. The varied circumstances of Police attendance may mean that this does not happen explicitly. Nevertheless, it is still possible and appropriate to share the record of this information with other agencies (see module 3 Information Sharing). SET LSCB PROCEDURES 2006 205 ADDITIONAL PROCEDURES 10.4.5 A ‘memorandum of understanding’ has been formulated between Southend, Essex and Thurrock authorities and Essex Police so that a copy of the Police form is electronically forwarded via a secure IT system to a dedicated e-mail address. 10.4.6 These notifications must be passed on to the local team manager who should record them as a contact and decide whether the notification needs to be made into a ‘referral for action’. 10.4.7 The DVHCU should make available a copy of each domestic incident notification to the designated nurses, who will pass the record on to the relevant health visitor and midwife (if appropriate) for information and action via consultation with the named safeguarding leads / nurse and if appropriate Children’s Social Care. 10.4.8 In the event of a domestic violence incident that results in an offence of the magnitude of murder or rape, form DV1 must (if there are children in the household) still be completed. INFORMATION SHARING 10.4.9 Multi-agency work and information sharing, in accordance with module 3, is important in safeguarding children in situations of domestic violence. 10.4.10 Each case should be judged on its own merits, but there can be times when standards of good practice indicate certain practitioners ought to share information / make referrals, even when this is initially without the knowledge of the parties involved or contrary to their specific wishes. CHILDREN’S SOCIAL CARE RESPONSE 10.4.11 On notification of an incident of domestic violence within a family, the minimum response by Children’s Social Care must be to consult existing records and consider what else is known of the family. 10.4.12 If there is evidence that a child may have experienced significant harm during any domestic violence incident, a child protection enquiry must be undertaken. 10.4.13 For any serious incidents of domestic violence between adults, where there is a child in the household, an Initial Assessment must be undertaken and consideration given to undertaking a s.47 enquiry. 10.4.14 Lesser incidents should be considered individually, but no more than 3 minor incidents should be allowed to occur without the completion of at least an Initial Assessment. SET LSCB PROCEDURES 2006 206 ADDITIONAL PROCEDURES 10.4.15 If the family refuses to co-operate with the assessment, consideration should be given as to the threshold for a s.47 enquiry (see 7.3). Assessment 10.4.16 Whenever an Initial Assessment is undertaken there should be liaison with all agencies involved with the family. 10.4.17 Careful consideration should be given to the wording of any letters sent out to the family and opportunities provided for both partners to be interviewed separately, and in a safe setting. 10.4.18 Many victims of domestic violence feel unable to disclose its existence or severity. The following issues should be discussed with the alleged victim as part of any assessment: • Severity, frequency and history of any violence, threats etc • Circumstances of the violence and if compounded by drugs/alcohol • Extent and nature of the children’s experience of the violence • Perception of risk to the child/ren • Threats used – consider all household members • Available options – immediate and in the future • Factors that prevent victim taking action to protect self and children • If it is safe to share victim’s perceptions with alleged perpetrator 10.4.19 Careful consideration should be given to how and when the alleged perpetrator is approached. Sometimes the alleged perpetrator will be unaware of any disclosure of domestic violence from the victim and/or that professionals are involved. Decision making on the level and timing of intervention must be based on a judgment of the level of risk to which the child/ren is/are exposed. The decision must also take into account the victim’s safety and issues of confidentiality and information sharing. The victim should be included in planning unless to do so will leave children exposed to significant risk of harm. 10.4.20 If there is an acknowledgement of violence by the alleged perpetrator, the interview should clarify the points above (see 10.4.18). If there is no acknowledgement of violence and it is not possible to share the victim’s account, there should be general discussions about the children’s welfare. 10.4.21 The children should be interviewed (if of sufficient age and understanding) and their experiences explored. It is important to consider the possibility that the child may have experienced direct abuse themselves and/or may be inhibited from disclosing concerns due to fear of (further) domestic violence or abuse to themselves. SET LSCB PROCEDURES 2006 207 ADDITIONAL PROCEDURES Intervention 10.4.22 The alleged victim of violence should be advised of the availability of legal advice and the options available through the Protection from Harassment Act, 1997 and the Family Law Act 1996 Part IV. 10.4.23 If a child protection conference is held, consideration should be given to any need to exclude the violent partner for part or all of it (see 8.6). 10.4.24 The local authority may pursue legal options of: 10.4.25 • Relocation of alleged perpetrators of abuse • Injunctions attached to a s.8 Children Act 1989 Prohibited Steps Order • Exclusion conditions attached to an Emergency Protection Order and interim Care Order • An injunction under the Housing Act 1996 (chapter III of part V) to restrain anti-social behaviour with power of arrest attached, where violence has occurred or is threatened Women with children fleeing domestic violence may receive support from the housing department. Children’s Social Care should be included in planning the course of action if relocation is necessary. 10.5 ENQUIRIES INVOLVING DIPLOMATS FAMILIES LEGAL POSITION 10.5.1 If there is concern a child who is a member of a diplomat’s family is at risk of abuse caution must be exercised in taking protective measures. 10.5.2 Diplomats and members of their household have immunity from civil, criminal and administrative jurisdiction. They cannot be detained, arrested nor have their homes entered without consent. 10.5.3 A distinction is drawn between the head of the diplomatic mission, members of technical and administrative staff and general members of the mission, and by association each category’s household. The rank of the person in question must therefore be established as a priority. 10.5.4 Different categories of staff of the mission are entitled to different forms of immunity. 10.5.5 The head of the mission is entitled to full criminal and civil immunity. Technical and administrative staff are entitled to full criminal and civil immunity for acts within the course of their duties, e.g. a chauffeur is subject to the Children Act 1989 for acts which fall outside of the course of chauffeuring duties. SET LSCB PROCEDURES 2006 208 ADDITIONAL PROCEDURES 10.5.6 Should abuse be suspected in a family cited above, it is possible to proceed (cautiously) in the usual manner. 10.5.7 Certain immunity applies to the residence of the diplomat or to categories of diplomatic employees. The residence of diplomats and certain employees is inviolable and legal advice must be sought before attempting to force the removal of a child from that location. In most instances, it will be advisable to consider removing the child from school or another place outside of her/his residence. 10.5.8 Inviolability of the diplomat’s residence does not preclude reliance on evidence of abuse thought to have taken place within the residence. 10.5.9 Careful consideration must also be given to the possibility of being able to enforce any order should the child return to the diplomat’s residence and refuse to surrender. Enforcement may provoke difficulties in itself, but does not deprive the local authority of the power or duty to take action. ACTION BY CHILDREN’S SOCIAL CARE & POLICE 10.5.10 It is important in all cases to establish whether diplomatic immunity may be claimed and to what extent. The Foreign and Commonwealth Office is prepared to advise and the 1st line manager should contact the ‘immunities section of the protocol department’ on 020 7210 6383. 10.5.11 Out of office hours, the Police may be asked to ascertain the status of an individual by consulting the central index of privileged person maintained by the Diplomatic Protection Group. 10.5.12 The child protection manager must be notified of all enquiries which may involve diplomatic families and s/he in consultation with the local authority’s legal department is responsible for co-ordinating any necessary action via the Foreign Office. 10.5.13 Children from these diplomatic backgrounds should be subject to ordinary processes including information transfer (preferably at a conference) should the family move to a new area. 10.6 FABRICATED OR INDUCED ILLNESS INTRODUCTION 10.6.1 This section outlines the procedures to follow when professionals are concerned that the health or development of a child may be significantly impaired by the actions of a carer having fabricated or induced illness. SET LSCB PROCEDURES 2006 209 ADDITIONAL PROCEDURES 10.6.2 Further guidance is provided in DH 2002 document Safeguarding Children in Whom Illness is Fabricated or Induced. 10.6.3 The Royal College of Paediatricians and Child Health 2002 Fabricated or Induced Illness by Carers provides further guidance for medical clinicians (http://www.rcpch.ac.uk/publications/recent_publications/FII.pdf ) DEFINITION 10.6.4 Fabricated or induced illness (FII) in a child is a condition whereby a child suffers harm through the deliberate action of her/his main carer and which is duplicitously attributed by the adult to another cause. 10.6.5 There are 3 main and not mutually exclusive ways of the carer fabricating or inducing illness in a child: • Fabrication of signs and symptoms, including fabrication of past medical history • Fabrication of signs and symptoms and falsification of hospital charts, records, letters, documents and specimens of bodily fluids • Induction of illness by a variety of means 10.6.6 Harm to the child may be caused through unnecessary or invasive medical treatment, which may be harmful and possibly dangerous, based on symptoms that are falsely described or deliberately manufactured by the carer, and lack independent corroboration. 10.6.7 The child may additionally suffer emotional harm through limitations placed on her/his development and social interaction e.g. overprotection, limitation of exploration and learning, prevention from participation in normal social interaction. RECOGNITION OF EMERGING CONCERNS 10.6.8 Doctors / paediatricians may be concerned at the possibility of a child suffering significant harm as a result of having illness fabricated or induced by her/his carer. These concerns may arise when: • Reported symptoms and signs found on examination are not explained by any medical condition from which the child may be suffering / correlated with any disease • Physical examination and results of investigations do not explain reported symptoms and signs • There is an inexplicably poor response to prescribed medication and treatment • New symptoms are reported on resolution of previous ones SET LSCB PROCEDURES 2006 210 ADDITIONAL PROCEDURES • Reported symptoms and found signs are not observed to commence, in the absence of the carer • Over time the child repeatedly presents with a range of symptoms • The child’s normal, daily life activities are being curtailed beyond that which might be expected from any known medical disorder from which the child is known to suffer 10.6.9 There may be a number of explanations for these circumstances and each requires careful consideration and review. 10.6.10 Concerns may be raised by other professionals e.g. nurses, teachers or social workers who are working with the child and who may notice discrepancies between reported and observed medical conditions, such as the incidence of fits. 10.6.11 Professionals working with the child’s parents may also note relevant concerns e.g. mental health professionals, may identify a child being drawn into the parents illness. 10.6.12 Features that may be associated with this form of abuse, but none of which are themselves indicative, are: 10.6.13 • Early commencement of the child’s medical, especially hospital, treatment • The attendance at various hospitals, in different geographical areas • Development of feeding disorders, as a result of unpleasant feeding interactions • The child may develop abnormal attitudes to their own health • History of unexplained death, illness or multiple surgery in parents and/or siblings of the family • Past history in the carer of childhood abuse, self harm, somatising disorder or false allegations of physical or sexual assault • Carers may be over involved in participating in medical tests, taking temperatures and measuring bodily fluids • Carer/s are observed to be intensely involved with their children, never taking a much needed break nor allowing anyone else to undertake their child’s care • Carer/s may appear unusually concerned about the results of investigations which may indicate physical illness in the child Generally, some indicators of abuse mentioned in module 4 (often in the context of wider parenting difficulties), may (or may not) be associated with this form of abuse, such as: • Non organic failure to thrive • Speech, language or motor developmental delays • Dislike of close physical contact SET LSCB PROCEDURES 2006 211 ADDITIONAL PROCEDURES • Attachment disorders • Low self esteem • Poor quality or no relationships with peers because social interactions are restricted • Poor attendance at school and under-achievement • Child’s carers may have history of abuse and/or psychiatric illness RESPONSE 10.6.14 Concerns about a child’s health should be discussed as early as possible with the appropriate health professional responsible for the child’s health e.g. GP, paediatrician. 10.6.15 If any professional considers their concerns are not responded to appropriately, the concerns should be discussed with the designated doctor or nurse and/or the professional’s own designated or named professional. 10.6.16 If any concerns relate to a member of staff, they should be discussed with their designated or named professional. See also module 12 Allegations Against People Who Work with Children. Medical evaluation 10.6.17 The signs and symptoms require careful medical evaluation for a range of possible diagnoses. 10.6.18 All tests and their results should be fully and accurately recorded. It is important that the child’s record is not altered in any way, e.g. through tampering with test results. 10.6.19 The name of the person reporting any observations should be legibly recorded and dated. 10.6.20 When suspicion of fabricated or induced illness first arises, the paediatrician has a duty to consult widely in an attempt to confirm or refute the suspicions (Recommendation 7 of Fabricated or Induced Illness by Carers). 10.6.21 A chronology of health involvement, including access to all health facilities, should be prepared so as to provide comprehensive information. 10.6.22 Parents should be kept informed of further assessments / investigations / tests required and of the findings. Normally, the doctor would tell the parent/s that s/he has not found the explanation and record the parental response. SET LSCB PROCEDURES 2006 212 ADDITIONAL PROCEDURES 10.6.23 Concerns about the reasons for the child’s signs and symptoms should not be shared with parents, if this information is likely to jeopardise the child’s safety. Referral to Children’s Social Care and / or Police CAIU 10.6.24 Following consultation with the designated doctor a referral should be made to Children’s Social Care for an Initial Assessment if a possible explanation for the signs and symptoms is that they may have been fabricated or induced by a carer. 10.6.25 The referral may follow a medical evaluation or be the result of concern by professionals or members of the public. 10.6.26 The Royal College of Paediatrics and Child Health 2002 Fabricated or Induced Illness by Carers recommends ‘When there are persisting concerns there should be a wider assessment by the social services department. The criterion for referral is that the paediatrician has continuing concerns about the child’s welfare and not that fabrication or illness induction or harm has been proved.’ 10.6.27 This guidance makes it clear that paediatricians should undertake consultation with other agencies, as part of the process of confirming (or disproving) the possibility of FII. 10.6.28 Whilst professionals should in general, discuss any concerns with the family and, where possible, seek agreement to making referrals to Children’s Social Care, this should only be done where such discussion and agreement-seeking will not place a child at increased risk of significant harm. 10.6.29 The Police CAIU must be informed of any referral where FII is suspected as this may also involve the commission of a crime. 10.6.30 If intervention is required immediately due to concern about immediate harm to the child e.g. observed that medication / feeds tampered with in hospital, medical staff should call the Police using the ‘999’ service. Initial consideration of referral 10.6.31 As with all other referrals, Children’s Social Care should decide, within 1 working day, the response required. 10.6.32 The decision must be taken in consultation with the consultant paediatrician responsible for the child’s health care and the CAIU. 10.6.33 This decision making process must agree the action to be taken, by whom and within what time frame. SET LSCB PROCEDURES 2006 213 ADDITIONAL PROCEDURES 10.6.34 All decisions about what information is shared with parents should be agreed between the CAIU, Children’s Social Care, the consultant paediatrician and the referring professional, bearing in mind the safety of the child and the conduct of any Police investigations. 10.6.35 Possible outcomes of referrals are the same as any other referral (see 6.3.11 - 19). 10.6.36 If emergency action is required e.g. if a child’s life is in danger through toxic substances being introduced into the blood stream, an immediate strategy discussion should take place, where possible, between Children’s Social Care, CAIU, health and other agencies as appropriate. However this should not delay the use of immediate protection if required (see 7.6). Initial Assessment 10.6.37 An Initial Assessment should usually be completed, as with all referrals (see 6.4) following the guidance set out in the Assessment Framework (paragraphs 3.9 – 3.10). 10.6.38 This should be undertaken in collaboration with the consultant paediatrician responsible for the child’s health care. 10.6.39 If a second medical opinion has not previously been obtained The Royal College of Paediatricians and Child Health 2002 Fabricated or Induced Illness by Carers (p.35 ) suggests that this is the point when it is sought. 10.6.40 Outcomes of the Initial Assessment are as described in 6.4.15 - 19 for other referrals. The decision should be made in consultation with the paediatric consultant and CAIU, with agreement reached about what parent/s should be told. ‘Concerns should not be raised with a parent if it is judged that this action will jeopardise the child’s safety.’ (Safeguarding Children in Whom Illness is Fabricated or Induced paragraph 3.18) Strategy discussion 10.6.41 If there is reasonable cause to suspect the child is suffering, or likely to suffer significant harm, Children’s Social Care should convene and chair a strategy discussion involving all the key professionals. A meeting is advisable when considering this complex form of abuse. 10.6.42 A strategy meeting must be chaired by, at a minimum level, the 1st line manager or child protection adviser. If operational managers chair the discussion a child protection adviser / manager should be informed and consulted. SET LSCB PROCEDURES 2006 214 ADDITIONAL PROCEDURES 10.6.43 10.6.44 10.6.45 This meeting requires involvement of key senior professionals responsible for the child’s welfare. At a minimum this must include Children’s Social Care, CAIU and the paediatric consultant responsible for the child’s health. Additionally the following should be invited as appropriate: • A senior ward nurse if the child is an in-patient • A medical professional with relevant expertise • GP, health visitor • Staff from education settings • Local authority’s legal adviser If it is decided there are grounds to initiate a s.47 enquiry, decisions should be made about how, as part of the Core Assessment, it will be carried out. The decisions usually taken at a strategy discussion (see 7.8) apply here and additional factors to address are: • Whether the child requires constant professional observation, and is so, whether the carer should be present • The designation of a medical clinician to oversee and co-ordinate the medical treatment of the child to control the number of specialists and hospital staff the child may be seeing • The terms of reference for a ‘medical board’ (see below) if the diagnosis of FII is unclear • Arrangements for the medical records of all family members, including children who may have died or no longer live with the family, to be collated by the consultant paediatrician or other suitable medical clinician • Nature and timing of any Police investigations, including analysis of samples and covert surveillance (Police led and co-ordinated • The need for extreme care over confidentiality, including careful security regarding supplementary records • The need for expert consultation • Any particular factors, such as the child and family’s race, ethnicity, language and special needs which should be taken into account • The needs of siblings and other children with whom the alleged abuser has contact • The needs of parents or carers • Obtaining legal advice over evaluation of the available information (if legal adviser not present at meeting) Investigating this specific circumstance is complex and disturbing for practitioners and one worker should not undertake the enquiry in isolation. The strategy discussion should recognise the need to ensure multi-agency co-ordinated working and good supervision. SET LSCB PROCEDURES 2006 215 ADDITIONAL PROCEDURES 10.6.46 If at any point there is medical evidence the child’s symptoms are being fabricated or induced, action may be required to ensure the child’s life is not put at risk (see 7.6). 10.6.47 There will usually be at least 1 further strategy meeting to evaluate the information collected and agree next steps: ‘It may be necessary to have more than 1 strategy meeting. This is likely where the child’s circumstances are complex and a number of discussions are required to consider whether and, if relevant, when to initiate s.47 enquiries.’ (Safeguarding Children in Whom Illness is Fabricated or Induced para. 3.28). Medical board 10.6.48 Arrangements for a ‘medical board’ consistent with national guidance are currently being developed and will appear on the SET LSCB websites and will be included in the next update of these procedures. The enquiry 10.6.49 During the enquiry practitioners should be aware that: • The carer may present as very plausible and well informed as to the nature of the child’s medical problems • There is a need to keep a focus on the impact of the carer’s behaviour on the child when assessing levels of risk • Children under 5, especially those who are pre-verbal or who have an existing bone fide illness, disability and/or communication difficulty are at greatest risk because of their inherent vulnerability 10.6.50 Early confrontation with the suspected abuser should be avoided until all information is available, thoroughly documented and provisions made for protection of child. This action should be planned with CAIU . 10.6.51 Before placing a child with members of either extended family, a thorough assessment of them should have taken place. FII may (or may not) be a feature of the family behaviour in previous generations. Any alternative carer should demonstrate an ability to believe that the suspected abuser may have posed a risk to the child. 10.6.52 A psychiatrist should be involved at the point at which there is moderate to high suspicion that a parent has been inducing symptoms or a court has made a finding of fact that such behaviour has occurred. Police investigation 10.6.53 Any evidence gathered by Police should be available to other relevant professionals, to inform discussions and decisions about the child’s welfare and contribute to the s.47 enquiry and Core Assessment, unless this would be likely to prejudice criminal proceedings. SET LSCB PROCEDURES 2006 216 ADDITIONAL PROCEDURES 10.6.54 It is important that suspects’ rights are protected by adherence to the Police and Criminal Evidence Act 1984, which would normally rule out any agency other than the Police confronting any suspect persons. 10.6.55 Covert video surveillance is a legitimate investigative tool, but its use should only be considered when a multi-agency strategy discussion has agreed there is no other available way of obtaining information to explain the child’s signs and symptoms. Police are able to obtain practice advice from the National Crime Faculty. 10.6.56 The primary aim of covert video surveillance is to establish if a child is having illness induced. Obtaining criminal evidence is of secondary importance. 10.6.57 Once this decision has been made, the Police are responsible for applying for the appropriate authority under the Regulation of Investigatory Powers Act 2000. If granted, the Police have sole responsibility for implementing and undertaking any such surveillance. 10.6.58 The safety and health of the child is the over-riding factor in the use of covert video surveillance, and the medical consultant responsible for the child’s care should ensure that the necessary medical and nursing staff support the Police operation. 10.6.59 All non-Police staff involved should receive appropriate training from Police, and understand the need for strict secrecy during the operation. Outcome of enquiries 10.6.60 As with all s.47 enquiries, the outcome may be that concerns are not substantiated e.g. tests may identify a medical condition, which explains the signs and symptoms. 10.6.61 It may be that no protective action is required and the family should be provided with the opportunity to discuss further help it may require and consideration should be given to the use of a child in need plan. 10.6.62 Concerns may be substantiated, but an assessment made that the child is not judged to be at continuing risk of harm. 10.6.63 Where concerns are substantiated and the child judged to be suffering or at risk of suffering significant harm, a conference must be convened. All evidence should be thoroughly documented by this stage and the protection plan for the child already in place. SET LSCB PROCEDURES 2006 217 ADDITIONAL PROCEDURES Initial child protection conference 10.6.64 The conference should be held within 15 working days from the last strategy discussion. 10.6.65 Attendance at this conference should be as for other initial conferences, with the additional experts invited as appropriate: • A professional with expertise in working with children in whom illness is fabricated or induced and their families. • A paediatrician with expertise in the branch of paediatric medicine concerned, able to present the medical findings 10.6.66 The Royal College of Paediatricians and Child Health 2002 Fabricated or Induced Illness by Carers states ‘that it is absolutely essential that the consultant paediatrician and GP attend …and provide a chronology and a full report.’ 10.6.67 Subsequent management of the case is the same as described in modules 8 and 9. 10.7 FEMALE GENITAL MUTILATION Definition 10.7.1 Female genital mutilation (FGM) is a collective term for procedures which include the removal of part / all external female genitalia for cultural or other non-therapeutic reasons. 10.7.2 The practice is not required by any major religion and is medically unnecessary, painful and has serious health consequences at the time it is carried out and in later life. 10.7.3 The procedure is typically performed on girls aged between 4 and 13, but is also performed on new born infants and on young women before marriage / pregnancy. A number of girls die as a direct result of the procedure, from blood loss or infection. 10.7.4 Girls may be circumcised or genitally mutilated illegally by doctors or traditional health workers in the UK, or sent abroad for the operation. Law 10.7.5 Female circumcision, excision or infibulation (FGM) is illegal in this country by the Female Genital Mutilation Act 2003, except on specific physical and mental health grounds (see www.homeoffice.gov.uk). SET LSCB PROCEDURES 2006 218 ADDITIONAL PROCEDURES 10.7.6 It is an offence to: • Undertake the operation (except on specific physical or mental health grounds) • Assist a girl to mutilate her own genitalia • Assist a non-UK person to undertake FGM of a UK national outside the UK (except on specific physical or mental health grounds) • Assist a UK national or permanent UK resident to undertake FGM of a UK national outside the UK (except on specific physical or mental health grounds) RECOGNITION 10.7.7 Any medical provision for a pregnant woman who has herself been the subject of female genital mutilation provides the opportunity for recognition of risk and preventative work with parents. 10.7.8 A child may be considered at risk if it is known older girls in the family have been subject to the procedure. Pre-pubescent girls of 7 to 10 are the main subjects, though the practice has been reported in babies. 10.7.9 Suspicions may arise if a family is known to belong to a community in which FGM is practised and are making preparations for the child to take a holiday, arranging vaccinations or planning school absence and the child may refer to a ‘special procedure’ taking place. 10.7.10 Indications that FGM may have already occurred include: • Prolonged absence from school with noticeable behaviour change on return • Bladder and menstrual problems • Reluctance to receive medical attention or participate in sport RESPONSE 10.7.11 Any suspicion of intended or actual FGM must be referred to Children’s Social Care, in accordance with modules 6 and 7. 10.7.12 Children’s Social Care, must inform the Police CAIU at the earliest opportunity and convene a strategy meeting within 2 working days if: • There is suspicion that a girl or young woman, under the age of eighteen, is at risk of undergoing this procedure • It is believed that a girl or young woman is at risk of being sent abroad for that purpose or • There are indications that a girl or young woman has suffered mutilation or circumcision SET LSCB PROCEDURES 2006 219 ADDITIONAL PROCEDURES 10.7.13 A service manager who has attended FGM training or a child protection adviser / senior manager should chair the strategy meeting. Health providers or voluntary organisations with specific expertise should be invited. A legal advisor should be invited or consulted prior to the meeting about protective options which might be considered. 10.7.14 In planning any intervention it is important to consider the significance of cultural factors. FGM is generally performed because of the significance it has in terms of cultural identity. Any intervention is more likely to be successful if it involves workers from, or with a detailed knowledge of, the community concerned. 10.7.15 Under the Children Act 1989, possible legal proceedings could include a Prohibited Steps Order (s. 8) with or without a Supervision Order (s.35). Removal from home should be considered only as a last resort. 10.7.16 If the child has already suffered FGM, the meeting will need to consider carefully whether to continue enquiries or whether to assess the need for support services. 10.7.17 FGM is a one-off event of physical abuse (albeit one that may have grave permanent sexual, physical, and emotional consequences), not an act of repeated abuse and organisational responses need to recognise this. 10.7.18 A second strategy meeting should take place within 10 working days of the first meeting, with the same chair. This meeting must evaluate the information collected in the enquiry and recommend whether a child protection conference is necessary. 10.7.19 A girl who has been genitally mutilated should not normally be the subject of a conference or protection plan unless additional concerns exist. She should be offered counselling and medical help and consideration must be given to any other female siblings at risk. Child protection conference 10.7.20 A girl believed to be in danger of FGM may be made the subject of a protection plan, under the category of risk of physical abuse, if the criteria is met (see 8.9.1). 10.7.21 The main emphasis of work in cases of actual or threatened FGM should be through education and persuasion. This approach will be reflected in the child protection plan. SET LSCB PROCEDURES 2006 220 ADDITIONAL PROCEDURES PREVENTION 10.7.22 Agencies should work together to promote better understanding of the damaging consequences to physical and psychological health of FGM. 10.7.23 The aim should be to work in partnership with parents / families to raise their awareness of the harm caused the child. FURTHER ADVICE 10.7.24 Useful contacts are: • Foundation for Women’s Health, Research & Development, 6th Floor, 50 Eastbourne Terrace, London W2 6LX, Tel. 0207 725 2606 www.forwarduk.org.uk • The African Well Woman Clinic at Central Middlesex Hospital, Acton Lane, Park Royal, NW10 7NS 10.8 FORCED MARRIAGES 10.8.1 See 5.8 for definition of forced marriage and information to assist professionals the public refer to Children’s Social Care or the Police. 10.8.2 All referrals involving suspected forced marriage (actual or prospective) potentially involve complex and sensitive issues and social workers should: • Inform their 1st line manager • Consult the child protection manager • Consider the need for expert / cultural advice from the Home Office Forced Marriage Unit (FMU) (see appendix 1 national contacts) as well as any local sources e.g. Race Equality Unit 10.8.3 CAIU and Children’s Social Care should liaise as described in 7.5 and agree the appropriate level of intervention required. 10.8.4 Social workers and/or Police officers should try to obtain the following information: • Details of referrer and relationship with child • Details of individual child under threat (including nationality, date of birth, passport details, school and employment details) • Full details of the allegation • Name and address of those with parental responsibility • Background family information and any history of forced marriage SET LSCB PROCEDURES 2006 221 ADDITIONAL PROCEDURES 10.8.5 In all cases efforts should be made to see the child immediately, on her/his own in a secure and private place. 10.8.6 Information to be obtained in discussion with the child include: • List of any friends and family to be trusted • Possible code to ensure you are communicating with the right person in future e.g. in phone calls • Background details of family including experiences of other family members of forced marriage, abuse or domestic violence • Nature and level of risk e.g. existence of secret boyfriend / girlfriend, pregnancy, already secretly married • Details of any perceived threats including potential spouses name, date of any proposed wedding, name of potential spouse’s father (if known) • Possibility of obtaining a recent photograph and other identifying documents – if s/he is going abroad a photocopy of the passport, passport number and date of issue • School and any employment details • Involvement of other agencies • Document any distinguishing marks 10.8.7 The child should be reassured of confidentiality and allegations must not be shared with the child’s family, friends or influential people within the community without the express consent of the child (and even then with due consideration of the implications to her / his safety). 10.8.8 The social worker and / or Police officer should not attempt to act as a mediator with the family. 10.8.9 Government advice to social work and Police services indicates that professionals must: • Not treat an allegation of a prospective or actual forced marriage as a domestic issue and send the child back to the family home as part of routine s.47 enquiries • Not contact the family in advance of enquiries by phone or letter • Not allow unsupervised contact • Provide the child, wherever possible, with the choice of race and gender of social worker and / or Police officer • Inform the child of her/his right to seek legal advice and representation • Liaise with the legal department (Children’s Services) • Consult the Forced Marriage Unit (FMU), which provides confidential information and assistance to potential victims and concerned professionals (see appendix 1 national contacts) SET LSCB PROCEDURES 2006 222 ADDITIONAL PROCEDURES 10.8.10 • Create a restricted entry in the Police force intelligence system (CAIU) • Inform the child of their right to seek legal advice and representation • Check Police and Children’s Social Care records for past referrals of family members • Record any injuries and arrange any required medical examination (Police) • Provide personal safety advice (CAIU) • Identify potential criminal offences, secure evidence and submit a crime report, if applicable (CAIU) • Provide advice on service to be expected, contact details and other sources of help e.g. forced marriage unit, advocacy service and try to obtain agreement for referrals to local / national support groups If the individual is going overseas and there is concern that they may be forced into a marriage the following information is required: • Photocopy of the individual’s passport (s/he should also keep details of passport number, place and date of issue) • Father’s name • Any addresses where they may be staying overseas and of extended family in UK and overseas • Potential spouses name, her/his father’s name and date of proposed wedding (if known) • Information that only the individual would be aware of (may assist in case another person is produced pretending to be the individual) • Safe means of contact e.g. mobile phone that will work overseas and details of a third party with whom to maintain contact • Estimated return date when they should be asked to contact the Police without fail • A written statement by the individual requesting Police, Children’s Social Care or a third party act on her/his behalf if they do not Intervention 10.8.11 If the child does not want Children’s Social Care to intervene, the social worker should consider whether the child’s safety (or that of others) requires that further action be taken. 10.8.12 Where there are concerns for an individual under 18 (or for their children) a strategy discussion / meeting with the CAIU and other relevant agencies must be initiated to decide whether the young person is suffering, or at risk of suffering significant harm and if a s.47 enquiry should be initiated. SET LSCB PROCEDURES 2006 223 ADDITIONAL PROCEDURES 10.8.13 Where a child spouse has come to the UK from overseas without her/his family and states they were forced into marriage and do not want to remain with the spouse, Children’s Social Care should consider the individual in the same manner as an unaccompanied asylum-seeking minor, and accommodate her/him (unless a needs – assessment reveals a more appropriate alternative response). 10.8.14 If the risk of forced marriage is immediate, it may be necessary to take emergency action to protect the child (see 7.6). 10.8.15 If there is an overseas dimension Children’s Social Care and Police should liaise closely with the Forced Marriage Unit (FMU). 10.9 HISTORICAL ABUSE ALLEGATIONS SIGNIFICANCE 10.9.1 Organisational responses to allegations by an adult of abuse experienced as a child must be of as high a standard as a response to current abuse because: • There is a significant likelihood that a person who abused a child/ren in the past will have continued and may still be doing so • Criminal prosecution remains a possibility if sufficient evidence can be carefully collated RESPONSE 10.9.2 As soon as it is apparent that an adult is revealing childhood abuse, the member of staff must record what is said by the service user and the responses given by the staff member. A chronology should be undertaken and all records must be dated and the authorship made clear by a legible signature or name. 10.9.3 If possible, staff should establish if the adult is aware of the alleged perpetrator’s recent or current whereabouts and contact with children. 10.9.4 An adult service user should be asked whether s/he wants a Police investigation and must be reassured that Police are able and willing to undertake such work even for those adults who are vulnerable as a result of mental health or learning difficulties. 10.9.5 Consideration must be given to the therapeutic needs of the adult and reassurance given that, even without her/his direct involvement all reasonable efforts will be made to look into what s/he has reported. SET LSCB PROCEDURES 2006 224 ADDITIONAL PROCEDURES 10.9.6 The social worker should inform the: • Police and establish if there is any knowledge regarding the alleged perpetrator’s current contact with children • Child protection manager if the adult service user requests a Police investigation or allegations involve organised and complex abuse (see 10.14) 10.9.7 Police must be informed about allegations of crime at the earliest opportunity. Whether they become involved in an investigation will depend on several factors including victims’ wishes and public interest. 10.9.8 A child protection enquiry should be instigated if the alleged perpetrator is known currently to be caring for, or has access to children (including making the necessary referral to the area where the alleged perpetrator is now known to live). 10.10 HOSPITAL PRE-DISCHARGE ARRANGEMENTS CHILD PRESENTED AT HOSPITAL EMERGENCY DEPARTMENT (ED) 10.10.1 Where child protection concerns are raised by any attending professional about a child presented at the Emergency Department, Children’s Social Care must be informed immediately by phone and an inter-agency referral form faxed within 24 hours. 10.10.2 The child should not be sent home without a strategy discussion being held and all decisions agreed and recorded. CHILD ADMITTED TO HOSPITAL Scope 10.10.3 A hospital pre-discharge meeting must be held whenever a professional or agency has raised child protection concerns about a child admitted to hospital, and this includes: • Concerns relating to incidents or circumstances that may have arisen either prior to or during the hospital stay • Circumstances in which differing opinions are held between professionals about the origin of an injury or the risks to the child 10.10.4 Once a child protection concern is raised at the hospital, Children’s Social Care must be informed immediately by phone and an interagency referral form faxed within 24 hours. 10.10.5 Strategy discussions must precede a pre-discharge meeting and can be organised by the consultant in charge of the child or another suitable delegated health professional. Other relevant agencies i.e. Children’s Social Care, Police CAIU should be included as required. SET LSCB PROCEDURES 2006 225 ADDITIONAL PROCEDURES 10.10.6 The pre-discharge planning meeting must be arranged sufficiently early to ensure that a pre-discharge plan is in place before the child becomes medically fit for discharge. Purpose of meeting 10.10.7 10.10.8 The purpose of the pre-discharge meeting is to: • Consider medical and social reports about the cause of concern • Consider the social work / multi-agency assessment/s of the risks to and the needs of the child, including ‘home safety’ informed (wherever practicable) by a home visit by a social worker the results of which are shared at the meeting • Consider the needs / risks in relation to other children in the family • Clarify on-going medical care • Identify support needed for those caring for the child once discharged • Formulate a multi-agency plan on discharge from hospital that address’s the risks / concerns raised in respect of the child • Agree timescale for discharge, once the child is medically fit The pre-discharge plan should be circulated to the relevant PCT professionals i.e. GP, health visitor, school health advisor and contain clear information on future follow-up arrangements for the child/ren. Chairperson 10.10.9 The social work team manager (or senior practitioner) or consultant (or designated deputy) should chair these meeting and may give guidance on which health professionals need attend. Possible attendance 10.10.10 The potential members of a pre-discharge planning meeting are: • Consultant (or designated deputy) • Social worker/s • Social work team manager or senior practitioner • Police officer CAIU • Ward staff • Paediatric liaison health visitor • Health visitor and midwife (if child is new born) • School nurse • GP • Designated / named nurse. • Any other professional with information to assist decision making SET LSCB PROCEDURES 2006 226 ADDITIONAL PROCEDURES 10.10.11 Though parent/s should not normally attend the pre-discharge meeting they will need to be informed by the chairperson, of any decisions made at it. Quoracy 10.10.12 To be quorate the meeting must be attended by representatives from the primary care provider, Children’s Social Care and hospital medical and nursing staff. Records of meeting 10.10.13 A minute taker must be agreed by those present at the pre-discharge planning meeting and s/he should make a brief record of the discussion and of the ‘agreed plan’. This record must be copied and given to all members at the end of the meeting. 10.10.14 It is the responsibility of the agencies present to ensure appropriate onward communications; e.g. the health agency must share its record with the GP, health visitor, school health advisor, named nurse and, (if the child is looked after) notify the designated nurse for looked after children. 10.10.15 The chairperson / designated deputy must place a handwritten copy of the decisions agreed at a pre-discharge planning meeting on the child’s medical notes directly after the meeting and this must be left at the hospital. 10.10.16 If an incident number has been raised with the Police, this should also be recorded. 10.10.17 The social worker should ensure the decisions of the meeting are recorded on the database immediately and consider raising an EDS alert if database recording is not immediately possible. Timescales for pre-discharge planning meetings 10.10.18 As soon as medical staff are able to predict the child’s fitness for discharge, they should convene the pre-discharge meeting and thus provide an opportunity for professionals to undertake checks, read files and attend the meeting. 10.10.19 Because an assessment of risk must be concluded before the child/ren is / are ready for discharge, a pre-discharge planning meeting will normally be convened within 24 hours of it being called. This narrow time-frame requires a high level of flexibility and co-operation between professionals. SET LSCB PROCEDURES 2006 227 ADDITIONAL PROCEDURES Consultation with Designated / Named Child Protection Doctor / Nurse 10.10.20 If it is unclear whether an injury has a non-accidental cause, the consultant in charge of the child’s care should seek a second opinion either from the Designated/Named Child Protection Doctor/Nurse or from a specialist consultant. 10.10.21 If achievable the second opinion should be available to the predischarge planning meeting. 10.10.22 Other agencies particularly Children’s Social Care need to be made aware that a second opinion has been requested and the consultant in charge of the child’s care should advise on the anticipated timescale. 10.10.23 Even if there is no clear diagnosis of NAI in the medical report, an assessment of need and risk should be made. Parental Support 10.10.24 The Pre-Discharge Planning Meeting should clarify how the parents will be supported and who will undertake this role. 10.11 INTERPRETERS, SIGNERS & OTHERS WITH SPECIAL COMMUNICATION SKILLS 10.11.1 All agencies need to ensure they are able to communicate fully with parents and children when they have concerns about child abuse and neglect and ensure that family members and professionals fully understand the exchanges that take place. RECOGNITION OF COMMUNICATION DIFFICULTIES 10.11.2 In taking a referral social workers must establish the communication needs of the child, parents and other significant family members. Relevant specialists may need to be consulted e.g. a language therapist, teacher of hearing impaired children, paediatrician etc. 10.11.3 The use of accredited interpreters, signers or others with special communication skills must be considered whenever undertaking enquiries involving children and/or family: • For whom English is not the 1st language (even if reasonably fluent in English, the option of an interpreter must be available when dealing with sensitive issues) • With a hearing or visual impairment • Whose disability impairs speech • With learning difficulties SET LSCB PROCEDURES 2006 228 ADDITIONAL PROCEDURES 10.11.4 • With a specific language or communication disorder • With severe emotional and behavioural difficulties • Whose primary form of communication is not speech Family, friends or involved professionals should not be used as interpreters within the interviews although can be used to arrange appointments and establish communication needs. INTERVIEWING CHILDREN 10.11.5 The particular needs of a child who is thought to have communication problems should be considered at an early point in the planning of the enquiry (strategy discussion stage). 10.11.6 Professionals should be aware that interviewing is possible when a child communicates by means other than speech and should not assume that an interview, which meets the standards for purposes of criminal proceedings, is not possible. 10.11.7 All interviews should be tailored to the individual needs of the child and a written explanation included in the plan about any departure from usual standards. 10.11.8 Every effort should be made to enable such a child to tell her/his story directly to those undertaking enquiries. 10.11.9 It may be necessary to seek further advice from professionals who know the child well or are familiar with the type of impairment s/he has e.g. paediatrician at the child development centre or for child’s school, social worker from the disabled children’s team. 10.11.10 When the child is interviewed it may be helpful for an appropriate professional to assist the interviewer and child. Careful planning is required of the role of this adviser and the potential use of specialised communication equipment. 10.11.11 Suitable professionals are likely to be drawn from the following groups: • Speech and language therapists • Teachers of the hearing impaired • Specialist teachers for children with learning difficulties • Professional translators (including people conversant with British Sign Language (BSL) for hearing impaired individuals) • Staff from CAMHS • Specific advocacy / voluntary groups • Social workers specialising in working with disabled children and those in the deaf services team SET LSCB PROCEDURES 2006 229 ADDITIONAL PROCEDURES Investigative interviews 10.11.12 Achieving Best Evidence (HO 2002) provides guidance on interviewing vulnerable witnesses, including learning disabled and of the use of interpreters and intermediaries. 10.11.13 Interviews with witnesses with special communication needs may require use of an interpreter or intermediary and are generally much slower.The interview may be long and tiring for the witness and might need to be broken into 2 or 3 parts preferably (but not necessarily) held on the same day. 10.11.14 A witness should be interviewed in the language of her/his choice and vulnerable or intimidated witnesses, including children, may have a supporter present when being interviewed. USING INTERPRETERS WITH FAMILY MEMBERS 10.11.15 If the family’s 1st language is not English and even if they appear reasonably fluent, the offer of an interpreter should be made, as it is essential that all issues are understood and fully explained. 10.11.16 Interpreters used for child protection work should have been subject to references, CRB checks and a written agreement regarding confidentiality. Whenever possible, they should be used to interpret their own 1st language. 10.11.17 Social workers need to first meet with the interpreter to explain the nature of the investigation, aims and plan of the interview, and clarify: • The interpreter’s role in translating direct communications between professionals and family members • The need to avoid acting as a representative of the family • When the interpreter is required to translate everything that is said and when to summarise • That the interpreter is prepared to translate the exact words that are likely to be used – especially critical for sexual abuse • When the interpreter will explain any cultural issues that might be overlooked (usually at the end, unless any impede the process) • The interpreter’s availability to interpret at other interviews and meetings and provide written translations of reports (taped versions if literacy is an issue) 10.11.18 Family members may choose to bring their own interpreter as a supporter. 10.11.19 Invitations to child protection conferences and reports must be translated into a language / medium that is understood by the family. SET LSCB PROCEDURES 2006 230 ADDITIONAL PROCEDURES 10.12 LOOKED AFTER CHILDREN CHILD PROTECTION ENQUIRY 10.12.1 In any situation in which there is reason to suspect that a ‘looked after’ child is suffering, or is likely to suffer, significant harm formal s.47 enquiries must be initiated and advice may be sought from the child protection co-ordinator. REVIEWS, CARE PLANNING AND CONFERENCES 10.12.2 A looked after child who remains subject of a child protection plan will have both LAC reviews and child protection conference reviews. LAC review should be arranged to follow the child protection conference. 10.12.3 LAC reviews and child protection conferences have distinct purposes. Plans made at the former must be consistent with the protection plan. 10.12.4 If a LAC review or other local authority planning meeting proposes any change which might significantly affect the level of risk of a child subject to a child protection plan e.g. return home to parents, the decision must not be implemented until considered by a review conference, unless it is part of the existing protection plan. 10.12.5 If there is disagreement within the subsequent child protection conference about the change suggested by the LAC review, the situation must be brought to the attention of the operational service manager, who in consultation with the child protection manager, should decide whether to proceed with the proposal. 10.12.6 When a child is subject to a child protection plan and removed from accommodation by parents or when a child in care is returned to parents / carers in court proceedings against the recommendation of the local authority, a review child protection conference must be convened to consider the risks and implications for the protection plan. 10.12.7 If necessary the local authority must take action to protect a child prior to a conference and, if an enquiry or assessment indicates it is required sooner, this must not be delayed until a child protection review conference is convened. 10.12.8 For relevant related procedures see: • Allegations against carers (see module 12) • Abuse by children (see 10.1) SET LSCB PROCEDURES 2006 231 ADDITIONAL PROCEDURES DISCONTINUATION OF THE CHILD PROTECTION PLAN 10.12.9 When a looked after child is no longer living in the situation which gave rise to the protection concerns and implementation of a protection plan, and there is no current plan for her/him to be returned, the protection plan may be discontinued by decision of the child protection conference (see 8.9.25 - 27). In these circumstances the LAC care plan must include any elements of the child protection plan that remain valid. 10.12.10 Should the care plan subsequently include returning the child to the situation that resulted in the implementation of a child protection plan, a child protection conference must be held first to consider if a new child protection plan is required. 10.13 MISSING & TRANSIENT CHILD, ADULT OR FAMILY 10.13.1 Local agencies and professionals, working with children and families where there are outstanding child protection concerns, must bear in mind that unusual non-school attendance, missed appointments, or abortive home visits, may indicate the family has moved out of the area. 10.13.2 This possibility must also be borne in mind when there are concerns about an unborn child who may be at future risk of significant harm. 10.13.3 Children’s Social Care and Police should be informed immediately such concerns arise and in the case of children taken overseas it may be appropriate to contact the Consular Directorate at the Foreign and Commonwealth Office which offers assistance to British national in distress overseas (www.fco.gov.uk tel: 020 7008 1500). CIRCUMSTANCES FOR IMPLEMENTATION OF PROCEDURE 10.13.4 These procedures apply if a child in the following circumstances goes missing or cannot be traced: • A child subject of a child protection referral or s.47 enquiry • A child subject of a child protection plan and who goes missing or is removed from her/his address outside the terms of the child protection plan • A looked after child who leaves or is removed from placement, without this being part of the care plan • Any child known to a statutory agency who goes missing in suspicious circumstances or about whom there are concerns e.g. one who is subject to Initial / Core Assessment, where there are developing concerns about their safety SET LSCB PROCEDURES 2006 232 ADDITIONAL PROCEDURES 10.13.5 These procedures also apply to adults whose whereabouts become unknown in the following circumstances: • A pregnant woman when there are concerns about the welfare of the child following birth • A family where there are concerns about the welfare of the child because of the presence of an individual who poses a risk to children or other person suspected of previously harming a child AGENCIES TO BE INFORMED 10.13.6 In any of the above circumstances the Children’s Social Care key worker, social worker or duty officer must be notified immediately. 10.13.7 Children’s Social Care must then inform: • The relevant Police station • (In the case of a child whose name is subject of a child protection plan) the designated safeguarding manager • (If a child is subject of court proceedings or a court order) legal services • All other local agencies who know the child • Any individuals known to hold parental responsibility for the child 10.13.8 Existing records in these agencies must be checked to obtain any information which might help trace the missing child, e.g. details of friends and relatives, and this information should be passed to the Police officer undertaking the missing person enquiry. 10.13.9 The designated nurse for child protection must be notified about a missing child, family or a pregnant woman. S/he will take responsibility for initiating appropriate local or national notifications of other PCTs. 10.13.10 Education welfare services should notify colleagues in other authorities about a pupil whose name may show up on the roll of a new school. 10.13.11 The social worker should discuss with her/his manager whether to notify members of the extended family and if so, how. STRATEGY MEETING 10.13.12 If, following the above procedures, the child has not been traced a strategy meeting should be convened within 5 working days. 10.13.13 The meeting will need to consider whether to circulate other local authorities / agencies in the area in which the child and family are thought to have gone. SET LSCB PROCEDURES 2006 233 ADDITIONAL PROCEDURES 10.13.14 Consideration should be given to national notification of authorities and agencies including social security and child benefit agency. 10.13.15 A senior member of Children’s Social Care should seek assistance from the Department for Work and Pensions / Inland Revenue if the Police have not already contacted them. 10.13.16 If there is any suspicion that the child may be removed from UK jurisdiction, appropriate legal interventions should be considered and legal services consulted about options. Follow up action by Children’s Social Care 10.13.17 If the strategy meeting agrees details of child / family are to be circulated to other local authorities, the key worker should draft a short letter giving details of: • The children in the family • Other family members or significant adults • (For children subject to a child protection plan) the category of abuse or neglect • The circumstances causing concern • Action required if a child is found • Contact arrangements for key worker / social worker – including out of office hours • Physical descriptions of key people (and photographs, if available) 10.13.18 The letter should be sent to the designated safeguarding manager who in turn must: • Inform her/his director and the council’s press office and • Distribute it to her/his peers nationally with the request that they circulate the information to relevant parts of Children’s Services and other local agencies • Copy in the Head of Child Protection helpline NSPCC Weston House 42 Curtain Road London EC2 3NH 10.13.19 If the child is subject to a child protection plan and not found within 20 working days, the review child protection conference must be brought forward to consider whether any other action should be taken. 10.13.20 A child protection plan may only be discontinued if the criteria cited in 8.9.17 are met. SET LSCB PROCEDURES 2006 234 ADDITIONAL PROCEDURES WHEN CHILD, FAMILY OR ADULT FOUND 10.13.21 When a child is found, there should, if practicable, be a strategy discussion within the working day, between previously involved agencies to consider: • Immediate safety issues • Whether to instigate a s.47 enquiry • Any Police investigation of any allegations of crime • Who will interview the child if part of a s.47 enquiry • Who will interview the child if not a s.47 enquiry • Who (local and national) needs to be informed of the child’s return 10.13.22 Any child who is found following a period missing should, regardless of whether s/he is believed to have experienced, or be at risk of, significant harm, be offered an interview by a social worker and/or a Police officer or an independent person. 10.13.23 This interview should provide a safe opportunity for the child to discuss any concerns regarding her/his care including if they chose to run away from an abusive situation. It must take place without parents, foster carers or residential staff either present or in close proximity. 10.13.24 If the child indicates a wish to be interviewed by an alternative professional, all reasonable efforts must be made to accommodate her/his wishes. 10.13.25 If the child has been found outside of the local authority and is not likely to return, representatives of the ‘receiving’ authority must be involved in this strategy discussion and the transfer of the case must be discussed (see module 11). Following the interview with the child as part of a s.47 enquiry 10.13.26 Where a s.47 enquiry has taken place, the CAIU and Children’s Social Care must have a final strategy discussion to agree the outcome, as for any child protection enquiry, including any need for a child protection conference. Decision making for all cases 10.13.27 If the child is ‘looked after’, Children’s Social Care 1st line or other locally defined manager, must decide and record whether to bring forward the next child care review. SET LSCB PROCEDURES 2006 235 ADDITIONAL PROCEDURES 10.13.28 If the child is the subject of a child protection plan the designated safeguarding manager must decide and record whether to bring forward the next review conference. 10.13.29 The social worker and team manager must give explicit consideration to any need for legal action, and record the reasons for their decision. CHILD INDICATED BY OTHER LOCAL AUTHORITIES TO BE MISSING 10.13.30 Each designated safeguarding manager must ensure that duty systems incorporate a method for keeping and referring to the notifications of children and/or families who are missing. 10.13.31 If, after 2 years there is no communication from the authority where the child and/or family went missing, the child and/or family’s details may be removed from the list. ADDITIONAL CONTRIBUTION OF SCHOOLS 10.13.32 As a result of daily registration, schools are particularly well placed to notice when a child has gone missing. 10.13.33 In the particular circumstances in 10.13.4 – 10.13.5 head teachers should follow the above procedures and inform the EWO and social worker immediately a child who is the subject of a child protection plan is missing. 10.13.34 In the more general circumstances not covered by para. 10.13.4 – 10.13.5, the head teacher should inform the EWO of any child who has not attended for 10 days without provision of reasonable explanation. 10.13.35 The EWO should make reasonable enquiries – e.g. home visit, liaison with Children’s Social Care, housing and notify the school if it appears that the child has moved out of the area. 10.13.36 If no information is forthcoming within 2 days, the EWO should alert her/his manager, who should write to inform Children’s Social Care and Police CAIU. 10.13.37 A child’s name may not be removed from the school roll until s/he has been continuously absent for at least 4 weeks and the Local Education Authority has been unable to locate the pupil and her/his family. LEA/0225/2004 ‘Identifying and Maintaining Contact with Children Missing or At Risk of Going Missing from Education’ 10.13.38 There should be a ‘child missing from education’ (CME) named point of contact in every local authority and every practitioner working with a child has a responsibility to inform that CME if s/he knows or suspects that a child is not receiving education. SET LSCB PROCEDURES 2006 236 ADDITIONAL PROCEDURES 10.13.39 The above guidance includes background information about why children may go missing and ‘process steps’ based upon best practices to help Children’s Services (Education) develop arrangements for: • Receipt of notifications of missing children • Determining that a notified child is not registered with an educational provider or is registered but at risk of going missing • Recording details of an identified child to enable subsequent monitoring • Locating the child’s address, parent etc and establishing communication or referring the contact to the Children’s Services (Education) in which the child is present • Determining the child’s needs • Locating available places in provision appropriate for the child • Accessing appropriate provision • Monitoring attendance • Tracking and reconciling i.e. maintaining visibility of those no longer registered with a provider until registered with a new one 10.14 ORGANISED & COMPLEX ABUSE DEFINITION 10.14.1 Organised or complex abuse covers circumstances, which may involve a number of abusers and/or a number of children. 10.14.2 The abusers concerned may be acting in concert to abuse a child or children. 10.14.3 One or more of the adults involved may be using an institutional framework or position of authority to recruit children for abuse. 10.14.4 It reflects, to a greater or lesser extent, an element of organisation on the part of the adult/s involved and may involve: • Aspects of ritual to aid or conceal the abuse of children • Child sexual abuse networks where adults plan and develop social contacts with children for purpose of gaining access to them • Abusive images of children or abuse of children through prostitution • Abuse in residential homes, boarding schools or other institutions • Adult/s who seek contact with children for improper reasons through leisure or welfare organisations SET LSCB PROCEDURES 2006 237 ADDITIONAL PROCEDURES GENERAL PRINCIPLES 10.14.5 Cases of organised abuse are often complicated because of the number of children involved, the serious nature of the allegations of abuse, the need for therapeutic input and the complex and time consuming nature of any consequent legal proceedings. 10.14.6 Such cases usually require the formation of dedicated teams of professionals from both the Police and Children’s Social Care for the purpose of the investigation. 10.14.7 It is recognised that those who commit sex offences against children often operate across geographical and operational boundaries and the procedure takes into account the involvement of more than one local authority. 10.14.8 Where an allegation involves a post holder who has a specified role within these procedures, the referral must be reported to an alternative (more senior) manager. 10.14.9 In all investigations of organised abuse, it is essential that staff involved maintain a high level of confidentiality in relation to the information in their possession without jeopardising the investigation or the welfare of the children involved. 10.14.10 Subsequent information generated throughout the investigation should only be shared on a ‘need to know’ basis. 10.14.11 These procedures must be implemented in conjunction with the procedures on abuse by staff, carers and volunteers where appropriate (see module 12). 10.14.12 For further guidance see also Complex Child Abuse Investigations: Inter-Agency Issues, HO & DH 2002 www.Police.homeoffice.gov.uk/news-andpublications/publication/operationalpolicing/child_abuse_guidance.pdf. INITIAL STRATEGY DISCUSSION / MEETING 10.14.13 Where there is a suspicion of a ‘complex case’, the Children’s Social Care service and child protection managers and the Police CAIU inspector must be informed immediately. They should have a management strategy discussion / meeting within the working day the referral is received. 10.14.14 The strategy discussion / meeting must: • Assess the information known to date SET LSCB PROCEDURES 2006 238 ADDITIONAL PROCEDURES • Decide what further information is required at this stage • Arrange for its gathering • Establish whether and to what extent complex abuse has been uncovered • Undertake an initial mapping exercise to determine the scale of the investigation and possible individuals implicated • Consider a plan for the investigation to be presented to the management and resources strategy group, including resource implications • Consider any immediate protective action required 10.14.15 This management strategy discussion may include the referrer, if appropriate, a legal adviser and anyone else relevant to the discussion. 10.14.16 Having considered and discussed the information those persons must, if in their view the suspicion is confirmed, pass the information on to the head of Children’s Social Care. PROFESSIONALS WHO NEED TO BE INFORMED 10.14.17 The head of Children’s Social Care must inform the LSCB chair, Director of Children’s Services, head of the media / press office and senior managers of relevant agencies e.g. designated child protection professionals. STRATEGIC MANAGEMENT GROUP (SMG) 10.14.18 To ensure a co-ordinated response, a SMG meeting chaired by either Children’s Social Care or the Police must be convened within 5 working days of the receipt of the referral. 10.14.19 Membership of the group should comprise senior staff able to commit resources and will normally include the following as consistent core membership (additional members may be added as required as the investigation progresses): • Head of Children’s Social Care • Assistant chief Police officer • Police senior investigating officer (usually CAIU DI) • Children’s Social Care lead manager (usually service manager and/or child protection manager) • Senior legal adviser (local authority) • Senior health representative, supported as necessary by designated professional • Press officer • Other individuals and agencies as appropriate SET LSCB PROCEDURES 2006 239 ADDITIONAL PROCEDURES 10.14.20 Line managers of any staff implicated in the allegations of abuse must not be included in the SMG. 10.14.21 The terms of reference of the SMG must be set up as specified in the HO & DH guidance (see 10.14.12 above for reference). 10.14.22 The SMG meeting must agree a plan that includes: • A decision on the scale of the investigation and the staff required for a joint investigation group • Consideration of any cross boundary issues and planning of appropriate liaison and sharing of resources • Identification of staff in both Children’s Social Care and Police of sufficient seniority and experience to manage the investigative process (usually the CAIU DI and Children’s Social Care service manager) • Identification of sufficient trained staff for the investigation (must be independent of those being investigated) • Organisation of adequate accommodation including a dedicated incident room and facilities for recorded interviewing • Arrangements for medical staff to conduct assessments • Arrangements for sufficient administrative staff and information technology resources to support the investigation • Proper legal advice including consultation with the CPS • Sufficient resources to ensure that children are protected from further abuse and that their welfare remains paramount (this should include appropriate foster, day-care or residential placements, medical, therapeutic, educational and practical services) • Sufficient support, supervision and de-briefing of staff involved • Availability of expert advice where necessary • Liaison arrangements for inter-agency working • Time scales for the stages of the investigation • Allocation of specific tasks to personnel involved in the investigation together with line management responsibilities • Management of public relations and media interest in the case • Child witness support, if relevant 10.14.23 An individual must be designated to act as co-ordinator between the SMG and the joint investigative group identified in the plan, usually the Police senior investigating officer or Children’s Social Care lead manager. 10.14.24 The responsibility of the co-ordinator is to manage the joint investigative group and prepare a report at the conclusion of the case. SET LSCB PROCEDURES 2006 240 ADDITIONAL PROCEDURES 10.14.25 The SMG must make arrangements to convene regularly to: • Monitor the progress, quality and integrity of the investigation • Review risk indicators for the children involved • Consider resource requirements • Consider the appropriate timing of the termination of the investigation • Plan a de-brief meeting with the joint investigation group to identify lessons learnt 10.14.26 A dedicated team of Police officers may be formed to deal with a cross boundary enquiry. 10.14.27 The SMG should remain in existence at least until the court or the CPS has made a decision about the alleged perpetrators. 10.14.28 The SMG must report in writing to the LSCB, who must consider at the first available opportunity, whether a serious case review should be initiated. JOINT INVESTIGATION GROUP Membership 10.14.29 This group led by the CAIU senior investigating officer or the Children’s Social Care lead manager, should consist of experienced personnel from CAIU and Children’s Social Care – the latter may choose to use independent / agency / outside organisation social workers. 10.14.30 The size of the group will depend on the scale of the investigation, but in the majority of cases both CAIU and Children’s Social Care should provide a line manager and two staff / officers experienced in interviewing children and trained in Achieving Best Evidence in Criminal Proceedings. 10.14.31 Membership may also be drawn as necessary from the appropriate health professionals, in particular forensic medical examiners (FME), paediatricians, psychiatrists, health visitors, education (head teachers and class teachers), CPS, legal services, probation, victim support services. 10.14.32 In selecting staff, consideration should be given to requirements arising from the individual needs of the relevant child/ren i.e. gender, culture, race, language, and where relevant, disability. SET LSCB PROCEDURES 2006 241 ADDITIONAL PROCEDURES Practical arrangements 10.14.33 The location of the group must take account, both geographically and organisationally of the need to maintain confidentiality, especially crucial where the investigation concerns staff or carers. 10.14.34 Appropriate facilities must be available for video interviews and paediatric assessment. 10.14.35 Administrative support, information technology and accommodation requirements must be addressed at the outset, including the storage of confidential records. Responsibilities 10.14.36 The joint investigation group will be responsible for: • Planning the overall investigation involving record checking, evidence gathering, planning and undertaking a series of interrelated interviews and any surveillance required • Considering the implications of crossing geographical boundaries (see below) • Maintenance of written records of regular strategy and operational meetings • Holding planning meetings for individual pieces of work e.g. video interview of a child and/or action to protect a child • Gathering other evidence including forensic evidence, interviews with alleged abusers, witnesses and other corroborative evidence • Communication and liaison with other agencies on a need to know basis • Convening interagency meetings and/or child protection conferences as appropriate • Co-ordination and timing of therapeutic services • Regularly updating the SMG on the progress made and recommending when to close the investigation • Consideration of arrangements for court hearings and support to children and families • Recommendations as to the placement of children and any contact involving children and their siblings, relatives or other adults CROSSING GEOGRAPHICAL & OPERATIONAL BOUNDARIES 10.14.37 It may be recognised at the outset or during the investigation that there are suspected or potential victims in more than one geographical area. SET LSCB PROCEDURES 2006 242 ADDITIONAL PROCEDURES 10.14.38 At the outset, the responsibility for managing the investigation lies with the Children’s Social Care where the abuse is alleged to have occurred/ where the alleged perpetrator/s are alleged to operate. 10.14.39 Once it is recognised that there are suspected or potential victims in other areas a joint approach should be made by the SMG to the appropriate Children’s Social Care and CAIU. 10.14.40 The original joint investigation team should undertake the investigation on behalf of the other geographical areas. 10.14.41 A senior manager from each area should join the initiating SMG to discuss this and agree any resource implications involved. 10.14.42 If the number of victims outside the geographical boundaries of the original joint investigative team increases to the extent that it cannot respond, then a joint investigative team in the new geographic area should be established. 10.14.43 It is essential that there is a joint SMG to provide overall planning. If it is necessary to have more than one joint investigative team, there must be close working between co-ordinators and processes for full information sharing. 10.15 PRE-BIRTH PROCEDURES Referral 10.15.1 Where agencies or individuals anticipate that prospective parents may need support services to care for their baby or that the baby may be at risk of significant harm, a referral to Children’s Social Care must be made at the earliest opportunity. 10.15.2 Module 5.18 provides information on the vulnerability of babies and the recognition of the need to make a referral to Children’s Social Care. In the following circumstances a referral must always be made if: • There has been a previous unexpected or unexplained death of a child whilst in the care of either parent • A parent or other adult in the household is a person identified as presenting a risk, or potential risk, to children • Children in the household / family currently subject to a child protection plan or previous child protection concerns • A sibling (or child in the household of either parent) has previously been removed from the household temporarily or by court order • Where there is knowledge of parental risk factors including mental illness, domestic violence, substance misuse, learning difficulties (see 5.7, 5.15, 5.17) SET LSCB PROCEDURES 2006 243 ADDITIONAL PROCEDURES • Where there are concerns about parental ability to self care and/or to care for the child e.g. unsupported young or learning disabled mother • Where there are maternal risk factors e.g. denial of pregnancy, avoidance of antenatal care (failed appointments), non-cooperation with necessary services, non compliance with treatment with potentially detrimental effects for the unborn baby • Any other concern exists that the baby may be at risk of significant harm 10.15.3 The GP may often be the first professional to be aware of any of the above concerns relating to prospective parents or carers, especially where one or both have moved into the area or are new parents and s/he must ensure tan early referral is made to Children’s Social Care. 10.15.4 Pre-birth referrals to Children’s Social Care may have been preceded by an assessment e.g. a CAF by professionals working with the parents (health or other adult service providers). This process must not delay a referral being made and must occur whenever it is recognised that one of the criteria above apply. 10.15.5 Children’s Social Care should undertake an Initial Assessment, unless this has already been undertaken by the referrer e.g. via a common assessment (CAF). Multi-agency meeting or strategy discussion 10.15.6 Children’s Social Care should convene a child in need meeting within 10 days of the referral to consider concerns for an unborn baby and to initiate a pre-birth Core Assessment and any other specialist assessments. 10.15.7 In the case of pre-birth maternal substance misuse, the partnership meeting may be used for this purpose. A partnership meeting should normally be called to assist in planning and support by the 20th week of pregnancy. 10.15.8 If it is suspected that the baby may be at risk of significant harm, a strategy meeting chaired by a Children’s Social Care line manager should be held and involve a: • Community midwife • Maternity services manager • G.P. • Health visitor • Police officer • Social worker SET LSCB PROCEDURES 2006 244 ADDITIONAL PROCEDURES 10.15.9 • Other professions as appropriate e.g. obstetricians, mental health services, probation • Where required, a legal advisor The purpose of the strategy meeting is the same as that of any other strategy discussion (see 7.8) and should determine: • Cause for concern and potential impact oncare provided to baby • Particular requirements of the pre-birth Core Assessment • Whether a s.47 enquiry is to be initiated • Role and responsibilities of agencies and specialists in the assessment e.g. involvement of expert in substance misuse if applicable • Role and responsibilities of agencies to provide support before / after birth • Identity of responsible social worker to ensure planning and communication of information • Timescales for the assessments and enquiries, bearing in mind the expected date of delivery • How and when parent/s are to be informed of the concerns • Required action by ward staff when the baby is born • The need for a pre-birth conference, or (if this is dependent on the outcome of assessments) establish the date by which this decision must be made (an initial child protection conference cannot be convened until 22 weeks gestation) 10.15.10 The assessment plan must be consistent with standards required for possible court proceedings, including clear letters of instruction. 10.15.11 Parents should be informed as soon as possible of the concerns and the need for assessment, except on the rare occasions when medical guidance / advice suggests this may be harmful to the health of the unborn baby and/or mother. Pre-birth Core Assessment 10.15.12 The overall aim of the assessment is to identify and understand: • Parental and family history, life style and support networks and their likely impact on the child’s welfare • Causes of concerns and their likely impact on the baby’s welfare • Parental needs • Strengths in the family environment • Factors likely to change and why • Factors that might change, how and why • Factors that will not change and why SET LSCB PROCEDURES 2006 245 ADDITIONAL PROCEDURES 10.15.13 Children’s Social Care responsible manager should decide the need for a pre-birth child protection conference on the basis of the assessment. This should, wherever possible, be held at least 10 weeks prior to the expected delivery date or earlier if a premature birth is likely. 10.15.14 If an initial child protection conference is not held, the conclusions and recommendations of the assessment should be discussed with the other agencies / professionals and the prospective parent/s, via a child in need meeting, and a child in need plan agreed to support the parent/s and baby. Where family plan to move / have moved 10.15.15 Where there are significant concerns and the whereabouts of the mother are not known, Children’s Social Care must inform other agencies and local authorities in accordance with procedures in 10.13. 10.15.16 Where there are significant concerns and the case is being transferred to another local authority, the procedures in module 11 must be followed. 10.16 SEXUAL EXPLOITATION INTRODUCTION 10.16.1 Sexual exploitation of children is child sexual abuse and often also involves physical and emotional abuse. Neglect issues may also be a significant feature of the care of the child. 10.16.2 This form of abuse involves the exchange of sexual activities by children for commodities such as money, drink, drugs, shelter, protection, accommodation etc. It is often perpetrated by an adult through violence or threats of violence and may include prostitution, pornography and abusive images (see also 10.2: Abusive Images of Children & Information Communication Technology). 10.16.3 Sexual abuse involves the exploitation of both girls and boys under the age of 18 and the children involved must be regarded as victims of abuse. Children do not make informed choices to enter or remain in sexual exploitation, but may do so from coercion, enticement, manipulation or desperation. 10.16.4 This procedure should be read in conjunction with 10.17 Sexually Active Children. SET LSCB PROCEDURES 2006 246 ADDITIONAL PROCEDURES THE LAW 10.16.5 Prostitution is not itself illegal, though there are offences making selling or buying sexual services on a street / in a public place illegal. 10.16.6 Girls and boys under the age of 16 cannot by law, consent to sexual intercourse and anyone engaging in sexual activity (as defined in The Sexual Offences Act 2003) with a child under the age of 16 is committing an offence. Children under 13 years of age cannot under any circumstances consent to sexual activity and specific offences, including rape, exist for child victims under this age. 10.16.7 Primary law enforcement should be against abusers and coercers. 10.16.8 The Police CAIU, as a function of their expertise in working with children, have an important contribution to this multi-agency work, even where Police responsibility lies with CID or vice squad. 10.16.9 Only rarely will it be appropriate for the child to enter the criminal justice system and then only if aged 16 and over, when all attempts to divert the child have failed and in full knowledge of her/his circumstances after inter-agency discussion. 10.16.10 The Sexual Offences Act 2003 introduced in ss.47 -50 a range of child-specific measures that make it a serious criminal offence to: • Pay for the sexual services of a child • Cause or incite child prostitution (or pornography) • Control a child prostitute or a child involved in pornography • Arrange or facilitate a child prostitute or pornography • Cause or incite prostitution for gain • Control prostitution AIM OF INTERVENTION 10.16.11 The aims of intervention by agencies are to: • Identify any child who is at risk of, or vulnerable to, being sexually exploited • Identify any child in the sex industry, including prostitution and the production or promotion of abusive images of children • Help the child understand the physical and emotional dangers of these activities • Identify and prosecute those adults involved in either coercing or abusing the child • Protect the child from further abuse and to support her/him out of prostitution SET LSCB PROCEDURES 2006 247 ADDITIONAL PROCEDURES 10.16.12 A child involved in prostitution and other forms of commercial sexual exploitation should be treated primarily as the victim of abuse, and as such her/his needs require careful assessment. 10.16.13 All agencies should establish whether those who are known to pay for sex with children are themselves parents or carers of children. If this is the case an assessment of the needs of those children should be considered, including whether they are at risk of, or are suffering, significant harm. RECOGNITION 10.16.14 Parents, carers (including foster carers and staff in children’s homes), teachers and youth workers must be alert to the following behaviours that may indicate a child’s involvement (or ‘grooming’ for involvement), though these are not in themselves conclusive signs: • Physical symptoms such as sexually transmitted diseases, or bruising consistent with physical or sexual assault • Reports from reliable sources that a child has been seen soliciting or noticed in places where soliciting occurs • Being contacted by unknown adult men outside the child’s usual range of social activities • Development of a relationship, usually with someone older, who encourages emotional dependence and controls the relationship by violence and threats • Persistent absconding or late return with no plausible explanation (see also 10.13: Missing & Transient Child, Adult or Family) • Returning after being missing, looking well cared for without a known base • Being picked up by unauthorised adults in cars • Acquisition of money or possessions with no plausible explanation • An adult loitering outside the home to meet up with the child • Having keys to unknown premises • Self harming behaviour • Substance, drug and alcohol abuse 10.16.15 The most common pre-disposing factors associated with a child becoming involved in prostitution are low self esteem and a history of being a victim of abuse. RESPONSE 10.16.16 Parents should report concerns to Children’s Social Care or the CAIU. 10.16.17 Foster carers should report concerns to their supervising social worker or the child’s social worker. SET LSCB PROCEDURES 2006 248 ADDITIONAL PROCEDURES 10.16.18 Staff in children’s homes must report concerns to the manager of the home, who must refer the concern to the child’s social worker. 10.16.19 Uniformed Police, CID or vice squad may become aware that a child is involved in prostitution through the course of their duties. Unless immediate action is required to provide protection they should inform the CAIU and Children’s Social Care. 10.16.20 Health professionals, youth workers and teachers should consult the designated / named agency child protection professional and subsequently refer to Children’s Social Care. 10.16.21 Professionals and volunteers involved with young people may have developed a trusting relationship with the child and be concerned that a referral to Children’s Social Care will result in the child withdrawing from support services e.g. contraception, counselling or substance misuse treatment. 10.16.22 The professional must share their dilemma with the lead child protection professionals within their own agency. Some agencies may have officers specifically nominated to lead on child prostitution. REFERRAL 10.16.23 Whenever there is a suspicion that a child is involved, or at risk of being involved, in prostitution or commercial sexual exploitation a referral must be made to Children’s Social Care or the CAIU. 10.16.24 The professional identifying concerns should seek consent from the child or her/his parents unless this may: • Place the child at risk of further significant harm e.g. alienate her/him from intervention or services • Jeopardise a criminal investigation by alerting the alleged offender 10.16.25 When making a referral as much information as possible about the young person and about their location should be provided. Even where the young person’s name is not known, providing any details can help her/him to be identified, as s/he may already be known. Such information may include the following: • Name or nickname • Description of young person, including physical appearance and possible age • Description and/or names of peer associates • Description and/ or names of adult associates who may be involved in the abuse / exploitation of the young person • School SET LSCB PROCEDURES 2006 249 ADDITIONAL PROCEDURES • Any other agency that may already be involved with the young person • Address or location where observed and any other relevant information e.g. regular ‘hangouts’ • If the young person has been observed entering a car, a description of the car and car registration number would assist in locating the young person and their pimps / abusers 10.16.26 Where it is apparent that a child is being immediately abused and exploited or subjected to violence or coercion by pimps or `clients`, a referral should be made immediately to the Police. 10.16.27 All referrals must be shared between Children’s Social Care and CAIU and should be regarded as ‘children in need’ who may be at risk of significant harm. This discussion will determine within 24 hours of the referral whether: • The child is a child in need, at risk of sexual exploitation and an assessment of their needs is required (s.17 response) • The child is suspected of being at risk of significant harm (s.47 response) • Immediate protective action is required CHILD PROTECTION ENQUIRIES Threshold for s.47 enquiry 10.16.28 The minimum threshold for child protection enquiries is: • An immediate risk of significant harm • Concern that prostitution / sexual exploitation is being actively encouraged or facilitated by a parent / carer • Concern that prostitution / sexual exploitation is facilitated by the parent / carer failing to protect the child • Concern that a related or unrelated adult, in a position of trust or responsibility to the child, is organising or encouraging sexual exploitation • Concern about coercion by peers 10.16.29 The younger the child the more likely it is that child protection procedures will be appropriate. 10.16.30 As with all referrals child protection procedures should be initiated at any point that it is recognised that the threshold has been met and a strategy discussion, and usually a meeting, held. SET LSCB PROCEDURES 2006 250 ADDITIONAL PROCEDURES Child protection enquiry strategy discussion 10.16.31 Where the threshold for child protection enquiries is met, a strategy discussion (usually a meeting) must be held. 10.16.32 An appropriate Children’s Social Care team manager or equivalent should chair the meeting. Attendance at the meeting should include: • The referrer, if a professional • CAIU and other relevant Police units • The community paediatrician • Lead officers / designated / named officers from Education and Health • Social worker / duty officer • Team / duty (if case not allocated) children’s services manager • Other relevant professionals e.g. school nurse, GP, designated teacher, residential key worker / manager, YOT worker, voluntary agency worker, sexual health services, housing 10.16.33 In planning any intervention the strategy meeting must: • Treat the child primarily as a victim of abuse and consider the need for immediate protection • Provide the child with strategies to leave prostitution • Consider the Police role to investigate and prosecute those who coerce, exploit and abuse children • Plan to assess the needs of any children in regular contact with those who abuse children 10.16.34 See also 10.16.41 -10.16.44 below. CHILD PROTECTION ENQUIRY THRESHOLD NOT REACHED 10.16.35 If the threshold for child protection enquiries has not been reached, an Initial Assessment must be completed within 7 days of referral. If concerns are identified / confirmed, a multi-agency planning meeting should be held with the referrer and all professionals relevant to the child and family, including the Police. In Thurrock this will be a Children Abused Through Sexual Exploitation (CATSE) panel meeting. Multi-agency meetings 10.16.36 The chair and professional attendance should be the same as for a strategy discussion (see 10.16.3210 above). SET LSCB PROCEDURES 2006 251 ADDITIONAL PROCEDURES 10.16.37 Following careful consideration of the implications for the safety of the child, wherever possible, the parent/s and child should be invited to the meeting. If they are not present the meeting must consider when and how they will be informed. 10.16.38 The meeting should be sensitive to the views of a young person who may be seeking a confidential service. 10.16.39 The purpose of this meeting is to: • Share and clarify information • Establish the exact nature of the concerns • Establish risks for any other children • Consider if a s.47 is required • Consider the likelihood of prosecution of relevant adults • Agree on action and make recommendations to address the concerns, provide a support plan (using the format of the ICS child’s plan) for child and parents and an exit strategy 10.16.40 The following issues must be considered: • The needs of the young person and what arrangements may be necessary for his or her own safety • Who will have responsibility to contact, as appropriate, the young person and their parents / carers? • How to co-ordinate the arrangements for the young person’s safety with any criminal investigation • How arrangements for continuing protection and diversion will be taken forward • The need for a multi-agency Core Assessment and roles of each agency within this • If appropriate, how to involve the young person in this process • Other young people potentially at risk • Any information known about the alleged abuser 10.16.41 Consideration should be given to the use of a family group conference to devise and review the support plan. 10.16.42 Unless no further action is agreed or child protection procedures are invoked, review meetings should be held at least every 3 months. LOOKED AFTER CHILDREN WHO ARE SEXUALLY EXPLOITED 10.16.43 When a referral is received regarding a looked after child, the social worker must immediately inform their line manager and the Children’s Social Care child protection manager. SET LSCB PROCEDURES 2006 252 ADDITIONAL PROCEDURES 10.16.44 The multi-agency planning meeting or s.47 strategy discussion must consider the additional factors: 10.16.45 • Risks to other children in placement • Whether the child should remain in placement • The feasibility of controlling the child’s movements and the likely effects of doing so The meetings must consider and record the appropriateness and method of informing the child’s parents. If children are accommodated, parent/s must be informed of all significant matters. When a child is subject to a Care Order, generally her/his parent/s should be informed. A decision not to inform the parent/s should be recorded on file. 10.16.46 Any strategy in the support plan that has implications for restriction of liberty or confiscation of property must have the written agreement of the service manager. 10.16.47 The support plan will form part of the care plan for the child and pathway plan in the case of care leavers. Involvement of groups of looked after children 10.16.48 Where there is knowledge or suspicion that looked after children are involved together or being controlled by the same person there will need to be: • Consideration of the need for the applicability of complex abuse procedures • Efforts made to ensure that strategy meetings and/or multi-agency planning meetings on different children result in consistent plans • Involvement of a consistent chair for the meetings, possibly the lead officer for child prostitution or child protection manager REFERENCES & FURTHER READING • Department of Health (2000) Safeguarding Children Involved in Prostitution. • Barnardos (l998) Whose Daughter Next? Children Abused through Prostitution. • YWCA (l999) The Youngest Females in the Oldest Profession: a study of 100 prostitutes in East London. • Melrose M (l999) One Way Street? Retrospectives on Childhood Prostitution. The Children Society. • YWCA (2002) Not a game: young women and prostitution SET LSCB PROCEDURES 2006 253 ADDITIONAL PROCEDURES 10.17 SEXUALLY ACTIVE CHILDREN INTRODUCTION 10.17.1 Many young people under the age of 18 will have an interest in sex and sexual relationships. The major task for child protection agencies is to ensure that all children and young people are given appropriate protection from sexual abuse whilst ensuring that they are also able to access advice and treatment about contraception, sexual and reproductive health including abortion. 10.17.2 The welfare of the child is paramount and professionals need to work together in accurately assessing the risk of significant harm when a child or young person is engaged in sexual activity. THE LAW 10.17.3 The minimum legal age for young people of either gender to consent to have sex is 16 years whether they are straight, gay or bisexual. 10.17.4 Sexual activity with a child under 16 is an offence. If it is consensual, it may be less serious than if the child were under 13, but may nevertheless have serious consequences for the welfare of the child. 10.17.5 Sexual activity with children under 13 is always illegal as they are not legally capable of giving their consent (see 10.17.41 - 45 below for further discussion). Under the Sexual Offences Act 2003, penetrative sex with a child under 13 may result in a sentence of imprisonment for life. 10.17.6 Under the Sexual Offences Act 2003, professionals retain a right to provide young people (even if they are less than 16 years) with confidential advice on contraception, condoms, pregnancy and abortion (Working within the Sexual Offences Act Home Office May 2004 SOA / 4). 10.17.7 The above Act states that a person is not guilty of arranging or facilitating a sexual offence against a child if acting for the purpose of: 10.17.8 • Protecting a child from pregnancy or sexually transmitted infection • Protecting the physical safety of a child • Promoting a child’s emotional well-being by the giving of advice This statutory exception covers health professionals and anyone who acts to protect a child e.g. teachers, school nurses, Connexions personal advisers, youth workers, social workers and parents. SET LSCB PROCEDURES 2006 254 ADDITIONAL PROCEDURES CONFIDENTIALITY 10.17.9 The duty of confidentiality owed to a person under 16 in any setting is the same as that owed to any other person, but the right to confidentiality is not absolute. 10.17.10 Where there is a serious child protection risk to the health, safety or welfare of a young person or others, this outweighs the young person’s right to privacy. In these circumstances professionals should act in accordance with modules 4 and 6 of this manual. 10.17.11 Research and experience have shown repeatedly that keeping children safe from harm requires professionals and others to share information. Such information sharing must be in accordance with legal requirements and professional guidance (see module 3). 10.17.12 On each occasion a young person is seen by an agency, staff should consider if her/his circumstances have changed or further information has been given which may lead to the need for referral or re-referral. 10.17.13 Professionals working with young people have different statutory responsibilities (detailed below) for advice given to young people and the actions they should take when aware of under-age sexual activity. Health staff 10.17.14 Doctors and other health professionals should consider the following issues when providing advice or treatment to young people under 16 on contraception, sexual and reproductive health. 10.17.15 If a request for contraception is made, doctors / other health professionals should (Best Practice Guidance for Doctors and other Health Professionals on Provision of Advice and Treatment to Young People under 16 on Contraception, Sexual and Reproductive Health – DH gateway reference 3382 establish rapport and give a young person support and time to make an informed choice by discussing): • The emotional and physical implications of sexual activity, including the risks of pregnancy and sexually transmitted infections • Whether the relationship is mutually agreed and if there may be coercion or abuse • The benefits of informing the GP and the case for discussion with a parent or carer – any refusal should be respected – in the case of abortion, where the young woman is competent to consent but cannot be persuaded to involve a parent, every effort should be made to help them find another adult to provide support, for example another family member or specialist youth worker • Any additional counselling or support needs. SET LSCB PROCEDURES 2006 255 ADDITIONAL PROCEDURES 10.17.16 It is considered good practice to follow the Fraser guidelines when discussing personal or sexual matters with a young person under 16, i.e. sexual health services can be offered without parental consent if: • The young person understands the advice that is being given • The young person cannot be persuaded to inform or seek support from her/his parents and will not allow the worker to inform them that contraceptive / protection, e.g. condom / advice, is being given • The young person is likely to begin or continue to have sexual intercourse without contraception or protection by a barrier method • The young person’s physical or mental health is likely to suffer unless s/he receives contraceptive advice or treatment • It is in the young person’s best interest to receive contraceptive / safe sex advice and treatment without parental consent Education staff 10.17.17 Young people need to be able to talk to a trusted adult about sex and relationship issues. Although it is desirable that this person is their parent or carer, this is not always possible. The law allows staff to respect young people’s rights to confidentiality when discussing sex and relationship issues and a disclosure of under-age sex is not of itself a reason to break confidentiality. 10.17.18 Young people should be made aware that confidentiality might be breached if they or another young person is at risk. In these circumstances staff should consult the young person and endeavour to gain co-operation to a child protection referral but if that is not possible s/he should be advised that confidentiality will be breached. Police and Children’s Social Care staff 10.17.19 Whilst Police and Children’s Social Care staff may provide advice and guidance to a young person involved in under-age sexual activity both agencies have specific responsibilities with regards to criminal activities. 10.17.20 Children’s Social Care staff should inform Police of actual and suspected criminal offences at the earliest possible opportunity in order to consider jointly how to proceed in the best interests of the child. Any decisions not to do so must be made at a senior level and recorded on the child’s file. 10.17.21 Recent guidance for Children’s Social Care staff indicates that as Working Together To Safeguard Children is issued under s.7 of the Local Authority Social Services Act 1970, a decision not to inform the Police where an offence has been committed against a child should only be made where ‘exceptional circumstances justify a variation’ (LASSL (2004) 21). SET LSCB PROCEDURES 2006 256 ADDITIONAL PROCEDURES 10.17.22 This is likely to be where the sexual relationship is considered consensual and not abusive and may be most relevant in respect of ‘looked after’ children where the social worker is also acting as the ‘corporate parent’ for the child. 10.17.23 In those circumstances it may be more important that the child receives appropriate advice regarding sexual health and contraception. This may be difficult if the young person is concerned that the Police will be involved. Such a decision should always be made following consultation with line managers and recorded. 10.17.24 The Police must formally record contact made by an agency. An incident will be recorded as a crime where on the balance of probability an offence defined by law has been committed and there is no evidence to the contrary. 10.17.25 The Police must investigate all criminal activities even if they may decide that there is no need for prosecution. 10.17.26 The priority for the Police is the identification and investigation of under age sexual activity where the relationship is abusive, either by being intra-familial in nature, or where there is a significant age / power gap between the parties involved. 10.17.27 Where young people of similar age are involved in consensual sexual activity, or in other sensitive cases, the Police role may be confined to the undertaking of information checks only. In such cases Police will not become directly involved in the investigation unless enquiries by the Police or other agencies indicate the relationship is in fact abusive. 10.17.28 Both Police and Children’s Social Care staff together may decide that there is no need for prosecution but young people should be advised that their confidentiality cannot be maintained if staff from these agencies are involved. Sharing information with parents and carers 10.17.29 Decisions to share information with parents and carers will be taken using professional judgement, consideration of Fraser guidelines and in consultation with the child protection procedures. Decisions will be based on the child’s age, maturity and ability to appreciate what is involved in terms of the implications and risks to themselves. This should be coupled with the parents’ and carers’ ability and commitment to protect the young person. 10.17.30 Given the responsibility that parents have for the conduct and welfare of their children, professionals should encourage the young person, at all points, to share information with their parents and carers wherever safe to do so. SET LSCB PROCEDURES 2006 257 ADDITIONAL PROCEDURES ASSESSMENT 10.17.31 All young people, regardless of gender or sexual orientation, who are believed to be engaged in or planning to be engaged in, sexual activity must have their needs for health education, support and/or protection assessed by the agency involved. 10.17.32 This assessment must be carried out in accordance with the child protection procedures within this manual and professional / agency guidance. 10.17.33 In assessing the nature of any particular behaviour, it is essential to look at the facts of the actual relationship between those involved. 10.17.34 The following non exhaustive considerations must be taken into account in assessing the extent to which the child (or other children) may be suffering or at risk of harm: • The age of the child: the younger the child the stronger the presumption must be that sexual activity is a matter of concern • The level of maturity and understanding of the child and her / his competence to understand and consent to sexual activity • Power imbalances, including through age and development: size, gender, sexuality, levels of sexual knowledge, race • Power imbalance where sexual partner in position of trust or authority • Where a young person has a learning disability or communication difficulty that could hinder their capacity to disclose that they have been abused • Use of overt aggression, coercion or bribery • Use of alcohol and/or drugs were to facilitate the activity • If the young person’s own behaviour e.g. the use of drugs means s/he is unable to make an informed choice • Any attempts to secure secrecy by the sexual partner beyond what is usual in teenage relationships e.g. her/his identity being a secret • If the sexual partner is known by agencies to have concerning relationships with other young people • If the young person denies or minimises adult concerns • Presence of a sexually transmitted infection in a very young person • If the relationship involves behaviours considered to be ‘grooming’ in the context of sexual exploitation • Where sex has been used to gain favours e.g. cigarettes, clothes, CDs, trainers, alcohol, drugs etc • Where the young person has a lot of money or other valuable things which cannot be accounted for SET LSCB PROCEDURES 2006 258 ADDITIONAL PROCEDURES • Knowledge about the child’s circumstances / background, including any familial child sex offences • The child’s behaviour e.g. withdrawn or anxious 10.17.35 If at this stage there are concerns the young person may be at risk of Sexual Exploitation see 10.16,or if concerns about Abusive Images Of Children & Information Communication Technology, see 10.2 . 10.17.36 Any girl, who is pregnant, must be offered specialist support and guidance. The services will also be a part of the assessment of the girl’s circumstances. CONSULTATION & REFERRAL 10.17.37 Generally, there will need to be a process of information sharing and discussion in order to formulate an appropriate plan and this should include professional consultation in accordance with 4.5.10–13. 10.17.38 It is important all decision making is undertaken with full professional consultation, never by one person alone and all discussions recorded, giving reasons for action taken and who was spoken to. 10.17.39 If there are concerns, the agency concerned should check with other agencies, including the Police, to establish what is known about sexual partners. The Police should normally share the required information without beginning a full investigation. 10.17.40 If a serious crime is suspected, advice should be sought from Police at the earliest opportunity to safeguard the child and minimise risk of any evidence e.g. e-mails / pictures being destroyed before investigation. Young people under the age of 13 10.17.41 Under the Sexual Offences Act 2003, children under the age of 13 are considered of insufficient age to give consent to sexual activity. 10.17.42 Where the allegation concerns penetrative sex, or other intimate sexual activity, ‘there would always be reasonable cause to suspect that a child, whether a girl or boy, is suffering or is likely to suffer significant harm. There should be a presumption that the case will be reported to children’s social care and that a strategy discussion will be held …’ (Working Together to Safeguard Children 2006 5.25). 10.17.43 All cases involving under 13s must be fully documented, including any detailed reasons where a decision is taken not to share information. 10.17.44 A decision not to refer should only be made following a case discussion with the designated lead for child protection within the professional’s agency. If a referral is not made, the professional and agency concerned are fully accountable for that decision. SET LSCB PROCEDURES 2006 259 ADDITIONAL PROCEDURES 10.17.45 When a girl under 13 is found to be pregnant, a referral to Children’s Social Care must be made and a strategy discussion held with the Police and/or other agencies. At this stage a multi agency support package should be formulated. Young people between 13 and 15 inclusive 10.17.46 The Sexual Offences Act 2003 reinforces that, whilst mutually agreed, non-exploitative sexual activity between teenagers does take place and that often no harm comes from it, the age of consent remains at 16. This acknowledges that this group of young people is still vulnerable, even when they do not view themselves as such. 10.17.47 Sexually active young people in this age group must still have their needs assessed and in every case involving a child aged 13-15, consideration must be given to a discussion with other agencies and whether a referral should be made to Children’s Social Care – depending on the level of risk / need assessed by those working with the young person. 10.17.48 Cases of concern should be discussed with the nominated child protection lead for the agency and subsequently with other agencies if required. 10.17.49 Where confidentiality needs to be preserved, a discussion can occur without identifying the child directly or indirectly. 10.17.50 Where there is reasonable cause to suspect that significant harm to a child has / might occur, a referral must be made to Children’s Social Care and a strategy discussion held. Young people between 16 – 17 inc. 10.17.51 Although sexual activity in itself is not an offence once a child attains the age of 16, young people under 18 are still offered the protection of child protection procedures under the Children Act 1989. 10.17.52 Consideration still needs to be given to the following circumstances: • Issues of sexual exploitation and abuse of power • Offences of rape and assault: the circumstances of an incident may need to be explored with a young person • Young people over the age of 16 and under the age of 18 are not deemed able to give consent if the sexual activity is with an adult in a position of trust or a family member as defined by the Sexual Offences Act 2003 FURTHER GUIDANCE • Best practice guidance for doctors and other health professionals on the provision of advice and treatment to young people under 16 on SET LSCB PROCEDURES 2006 260 ADDITIONAL PROCEDURES contraception, sexual and reproductive health – DOH gateway reference 3382 July 2004 • ‘Sex and relationship Education Guidance DfEE 0116 / 2000 • Guidance on Professional Practice for Connexions Personal Advisors • Confidentiality and Young people RCGP&B 2000 • Children & Families: Safer from Sexual Crime Home Office 2004-08-23 Working Within the Sexual Offences Act Home Office 2004-08-23 • Enabling young people to access contraceptive and sexual health information and advice: Legal and Policy Framework for Social Workers, Residential Social Workers, Foster Carers and other Social Care Practitioners Department for Education and Skills Teenage Pregnancy Unit 2004 • Handling Allegations of sexual offences against children Local Authority Social Services Letter LASSL (2004) 21 August 2004 • Guidance on offences against children Home Office Circular 16/2005 • www.homeoffice.gov.uk/sexualoffences/legislation/act.html • Teenage Pregnancy Unit – www.teenagepregnancyunit.gov.uk • Brook – www.brook.org.uk • Sex Education Unit - www.ncb.org.uk/sef • Cabinet Office - www.cabinetoffice,gov.uk • Department of Education and Skills - www.dfes.gov.uk • Department of Health - www.dh.gov.uk 10.18 TRAFFICKING 10.18.1 See 5.11.17 - 28 for definitions and risk indicators. SCOPE 10.18.2 This procedure has been developed to address concerns about the disappearance, following arrival in this country, of vulnerable children from abroad, by: 10.18.3 • Identifying and protecting those who may be at risk of significant harm through trafficking and exploitation • Preventing their disappearance from care and accommodation by disrupting any organised activity to exploit children • Sharing information with a view to tracing such children who have disappeared from care and accommodation The procedure applies to both accompanied and unaccompanied children, including asylum seekers, for whom there are concerns about safety. SET LSCB PROCEDURES 2006 261 ADDITIONAL PROCEDURES PORT OF ENTRY 10.18.4 Immigration officers at a port of entry undertake identification of children at risk of harm. Children who do not meet the immigration criteria for entry and children, who, irrespective of immigration status are believed to be at risk of harm if they are allowed entry, are referred to Children’s Social Care. Records for these children exist both within Immigration and Nationality Directorate and with the receiving agency. 10.18.5 The National Register for Unaccompanied Children (NRAC) aims to gather information on all unaccompanied asylum seeking children in the UK. There are plans to extend it to cover all unaccompanied children from abroad, not just asylum seeking children. CHILDREN ALREADY IN COUNTRY 10.18.6 Professionals should be familiar with 5.11 Migrant Children, and refer accordingly to Children’s Social Care where there are concerns about migrant children including suspicions of trafficking concerning a particular child/ren victim, adult/s perpetrators or suspicious activity at specific addresses. REFERRAL & INITIAL INFORMATION GATHERING 10.18.7 The social worker should obtain as much information as possible from the referrer, including the child’s name, dob, address, name of carer / guardian, address if different, phone number, country of origin, home language and whether s/he speaks English, names of any siblings or other children. 10.18.8 The referrer must be requested to put their concerns in writing, as with all referrals. 10.18.9 The social worker should verify that the child is living at the address as soon as possible. 10.18.10 In the case of a referral from a school or education department the list of documentation provided at admission should be obtained. 10.18.11 A Home Office check should be completed to clarify status of the child/ren and the adult/s caring for them. ACTION AFTER INITIAL INFORMATION GATHERING 10.18.12 On completion of the initial information gathering the social worker must discuss the referral with the 1st line manager to agree and plan the next steps: • No further action if no concerns are identified SET LSCB PROCEDURES 2006 262 ADDITIONAL PROCEDURES • An Initial Assessment to decide whether appropriate arrangements for the child have been made by her/his parents or there are grounds to accommodate the child or the child is in need of immediate protection and/or a s.47 enquiry should be initiated • There are grounds to accommodate the child (the child is lost or abandoned, there is no person with parental responsibility for the child, the person who has been accommodating the child is prevented, for whatever reason, from providing suitable accommodation or care) • Enough information at this stage to instigate a s.47 enquiry (see below) • Enough information at this stage to conclude the child is in need of immediate protection i.e. an Emergency Protection Order or Police Powers of Protection (in an emergency) and a s.47 enquiry initiated 10.18.13 The social worker should advise any professional referrer of the plan. 10.18.14 The social worker must check all documentation held by the referrer and other relevant agencies. Documentation should include, passport, Home Office papers, birth certificate and proof of guardianship. The list is not exhaustive and all avenues should be looked into. 10.18.15 When assessing paperwork / documentation attention should be given to detail e.g. when was passport issued, how long is the visa for, does the picture resemble the child, is the name in the passport the same as the alleged mother / father, if not, why not, does the documentation appear original (take copies to ensure further checks can be made). Assessment Interview 10.18.16 Once all possible information has been gathered, the social worker, her/his line manager and Police should decide whether to conduct joint interviews with the CAIU, and initiate a s.47 enquiry (see 10.18.28 – 30). 10.18.17 If the family is visited, standard social work practice should be followed. The child should be seen alone, preferably in a safe environment and without carers in proximity. 10.18.18 In undertaking any assessment and all subsequent work with the child, a suitable interpreter must be used if required (see 10.11 Interpreters, Signers & Others with Special Communication Skills). The interpreter needs to be aware if there are concerns about trafficking and cultural advice sought. 10.18.19 Questions should explore the household composition, parent / carer’s employment, tasks / work undertaken around the house or elsewhere, length of time in this country, where s/he lived and went to school in country of origin, who cared for her/him in country of origin. SET LSCB PROCEDURES 2006 263 ADDITIONAL PROCEDURES 10.18.20 The assessment needs to focus on how and why the child arrived in the UK and should try to establish: • Family / household composition • Parent / carer’s employment • Tasks / work undertaken in house and elsewhere • Length of time in this country • Where s/he lived and went to school previously, including in country of origin • Who cared for her/him in country of origin – and subsequently • If the family sent the child to the UK, or elsewhere • Did the child know where they were being sent and what is her/his understanding of why they are here • Was there a facilitator (someone who arranges the details in the country of origin) • Did the family pay the facilitator • Was the young person prepared with information to provide if intercepted at the airport • Did anyone else travel with the child, and if so what happened to that person on arrival • Was the child to be met at any particular airport (note, the child may have been intercepted on transit) • What does the child want themselves • Has the child a mobile phone or a SIM card • Explore if the child knows anyone in the UK, or has phone number/s of friends / family (explain it is alright to know people and it may be in her/his interests to be reunited with a genuine family member) • Re-confirm why s/he came to the UK / left her/his country of origin 10.18.21 The assessment also needs to focus on the child’s understanding of their situation and knowledge of trafficking. They should be provided with knowledge about trafficking, that it is a fundamental abuse of human rights and the possible dangers for the child. 10.18.22 Adults in the family / household should be interviewed (separately if possible) on the same basis, establishing the same information, so a comparison can be made between the answers. 10.18.23 All documentation should be seen and checked, including Home Office passports and visas; utility bills, tenancy agreements and birth certificates. Particular attention should be given to documentation presented to the school at point of admission. It is not acceptable to be told ‘passport is missing’ or ‘I can’t find the paperwork right now’. SET LSCB PROCEDURES 2006 264 ADDITIONAL PROCEDURES 10.18.24 This interview should be conducted as fully as possible, to ensure accuracy and to avoid intrusion in the family over a longer period than is absolutely necessary. 10.18.25 On completion of the assessment the social worker, 1st line manager, CAIU, referring agency and other professionals as appropriate should discuss and agree future action, usually at a meeting. If there are grounds to accommodate the child, take immediate action or initiate a s.47 enquiry, these should not be delayed until a meeting is held. 10.18.26 If it is found the child is not a family member and is not related to any other person in the UK, consideration should be given to establishing status and assisting the child as an ‘unaccompanied minor’. 10.18.27 Any action regarding fraud, trafficking, deception and illegal entry to this country is the remit of the Police and the Home Office. The local authority should assist in any way possible. S.47 ENQUIRY 10.18.28 Whenever a practitioner / volunteer becomes concerned a child is at risk of significant harm, a referral must be made to Children’s Social Care and the CAIU in accordance with procedures in modules 6 & 7. 10.18.29 If the concern is raised at a port of entry, then immigration service should without delay, contact the Children’s Social Care and the CAIU for the local area serving the port of entry. If the child is already in the country, the referral must be made to the Children’s Social Care and the CAIU for the area in which the child resides. 10.18.30 Strategy discussions should be held in accordance with 7.8. This is a complex form of abuse and a meeting will be required to plan the enquiry as soon as possible. The meeting must: • Develop a strategy for making enquiries into the child’s circumstances, including consideration of a video interview • Develop a plan for the child’s immediate protection, including the supervision and monitoring of arrangements (for looked after children this will form part of the care plan) • Agree what information can be given about her/him child to any enquirers Agree what support the child requires • LOOKED AFTER CHILDREN 10.18.31 The social worker should seek a placement proportionate to the need to protect the child. This may include protection from possible abduction and in some cases require surveillance cameras in operation, monitoring of phone calls and intensive supervision. If required an escort must be organised to take the child there. SET LSCB PROCEDURES 2006 265 ADDITIONAL PROCEDURES 10.18.32 The child’s location must not be divulged to any enquirers until they have been interviewed by a social worker and identity and relationship / connection with the child established (with the help of Police and immigration services if required). 10.18.33 A care plan should be agreed, as for all looked after children, involving the child, the social worker, carers and Police and this should address: • Explicit risk factors • Completion of a Core Assessment (if not already undertaken) • Supervision and monitoring arrangements • Care planning meetings and LAC reviews 10.18.34 The Core Assessment must be undertaken immediately to include: • Establishing relevant information about the child’s background • Understanding the reasons s/he has come to the UK (so as to understand needs, not determine rights to enter the country) • Assessing the child’s vulnerability to the continuing influence / control of the traffickers 10.18.35 Planning and actions to support the child must minimise the risk of the traffickers re-involving a child in exploitative activities. Thus: • Foster carers / residential workers should be advised about how to provide intensive supervision and must be vigilant about anything unusual e.g. waiting cars outside the premises / phone enquiries • The social worker must immediately pass to the Police any information on the child (concerning risks to her/his safety or any other aspect of the law pertaining either to child protection or immigration or other matters), which emerges during the placement • The child’s social worker must try to make contact with her/his parents in the country of origin (immigration services may be able to help), to find out the plans they have made for the child and seek their views – the social worker must take steps to verify the relationship between the child and those thought to be her/his parent/s. Contact information can be obtained via the Foreign & Commonwealth Office (0207 008 1500), relevant Embassy or Consulate (see London Diplomatic List, ISBN 0 11 591772 1 from Stationery Office on 0870 600 5522 or FCO website www.fco.gov.uk ) 10.18.36 Anyone approaching the local authority and claiming to be a potential carer, friend, member of the family etc, of the child, should be investigated by the social worker, the Police and immigration service. If the 1st line manager is satisfied that all agencies have completed satisfactory identification checks and risk assessments the child may transfer to their care. SET LSCB PROCEDURES 2006 266 ADDITIONAL PROCEDURES 10.18.37 The young person will be subject to regular LAC reviews. At the conclusion of the child protection enquiry and at each review a decision is to be made as to whether the young person continues to be at risk of being trafficked and the reasons for this decision recorded. 10.18.38 Should it become clear the risk of trafficking is extreme and immediate, consideration must be given to commencement of legal proceedings, in conjunction with the service manager and legal advisor. 10.18.39 Should it become clear that the child is not at risk of trafficking, or that the risk has been reduced, the continued appropriateness of the safe placement should be considered and efforts made to identify family or friends who can appropriately take over the care of the child/young person. In order to promote stability children should not usually be moved to another placement, but their supervision reduced. ISSUES FOR PROFESSIONALS TO CONSIDER WHEN WORKING WITH TRAFFICKED & EXPLOITED CHILDREN 10.18.40 Children who have been trafficked and exploited are likely to need some of the following: • Appropriately trained interpreting • Someone to spend time with them and build up a level of trust • Counselling, child and adolescent mental health services (CAMHS) • Independent legal advice about their rights and immigration status • Their whereabouts to be kept confidential • Discretion and caution to be used in tracing their families • A risk assessment to be made into the danger they face if repatriated: trafficked and exploited children who eventually return home can suffer discrimination, particularly those who have been sexually exploited • To be interviewed separately – children do not speak openly until they feel comfortable • Medical services (including, for victims of torture) • Education 10.18.41 Attempting to persuade a child victim to testify against a trafficker is complicated. The child usually fears reprisals (against self or family in country of origin) from the traffickers and/or adults whom s/he was living in the UK, if s/he co-operates with the Police. 10.18.42 Children who might agree to testify, fear that they will be discredited because they were coerced into lying on their visa applications / immigration papers. SET LSCB PROCEDURES 2006 267 ADDITIONAL PROCEDURES MISSING CHILDREN AT RISK OF BEING TRAFFICKED 10.18.43 If a child who is at risk of being trafficked goes missing, residential staff / foster carers must immediately inform Children’s Social Care (the social worker, 1st line manager or EDS), who must contact the Police control room and immigration service. 10.18.44 The Police will complete a MISPER form, and notify the National Missing Persons’ Help-line. In all cases the Police must update Children’s Social Care with the progress of the investigation. 10.18.45 The procedures for missing children must be instituted (see 10.13) 10.19 UNEXPECTED DEATH OF A CHILD INTRODUCTION 10.19.1 Regulation 6 of the LSCB Regulations 2006 (SI 2006 No. 90) indicates that the duty to provide a co-ordinated response by the local authority and its board partners and other relevant persons to an ‘unexpected death’ of a child (as well as the child death review function for all child deaths) applies with effect from 01.04.08. 10.19.2 In consequence the following procedures are indicative only and may be amended in the light of further discussions and levels of available resourcing. The updated version of these procedures scheduled for 2008 will contain final agreed procedures. 10.19.3 Currently (September 2006), there are no agreed arrangements in Essex for fulfillment of the role of the designated paediatrician for child deaths. Existing arrangements for the management of unexpected and unexplained deaths in childhood will continue in the interim. 10.19.4 This will involve the consultant paediatrician on call undertaking tasks ascribed in the procedure to the designated paediatrician for child deaths, but excluding home visits. Consultation about child protection and maltreatment issues is available from either the named or the designated doctor for child protection. SCOPE 10.19.5 For this procedure an ‘unexpected death’ of a child occurs where: • Death was not anticipated as a significant possibility 24 hours before it occurred or • There was a similarly unexpected collapse leading to or precipitating the events which led to the death SET LSCB PROCEDURES 2006 268 ADDITIONAL PROCEDURES 10.19.6 The designated paediatrician responsible for unexpected deaths in childhood (or nominated substitute for periods when s/he is unavailable) should be consulted where professionals are uncertain if a death is ‘unexpected’. 10.19.7 This procedure applies whether the child was in the care of a parent, hospital ward, foster carer, children’s home, boarding school, child minder, day care provider, hospital or any other carer. 10.19.8 This procedure applies whatever the age of the child i.e. up to 18 years. PRINCIPLES 10.19.9 When dealing with an unexpected death of a child of any age, staff in all agencies must bear in mind that in most cases they are the result of natural causes and represent an unavoidable tragedy for any family. 10.19.10 The following principles must be maintained: • Sensitivity, open mind and balanced approach • Recognition of cultural needs • An multi-agency approach involving working together and sharing of information • Proportionate and appropriate response to the circumstances • Preservation of evidence • Good record keeping • Congruence with specific requirements of local coroner • Fast response and the need to conclude any enquiries or investigations expeditiously so the funeral is not delayed unnecessarily 10.19.11 Police attendance should be kept to the minimum required and officers must be sensitive to the distress caused by uniforms, marked Police cars, personal radios and mobile phones. GENERAL ADVICE FOR ALL STAFF 10.19.12 This is a very difficult time for everyone and though the time spent with the family may be brief, it could influence how relatives deal with the bereavement for a long time afterwards. 10.19.13 The following points should be remembered: • The family are in the first stages of grief and may be shocked, numb, withdrawn or hysterical • It is helpful to compile a verbatim and detailed initial account of events, including timings SET LSCB PROCEDURES 2006 269 ADDITIONAL PROCEDURES • It is normal for a parent to want physical contact with her/his dead child and this should be allowed, albeit observed, except in exceptional circumstances to preserve evidence • The child should be handled as if s/he were still alive and her/his name used at all times • The impact of religious and cultural beliefs on the parent/s responses • The need to allow time for parents to ask questions, including where their child will be taken and when they will be able to see her/him again • Provision of written contact details to parents • There may be a need for a post mortem examination which, where possible, should be undertaken by a paediatric pathologist • The possibility that there will be an inquest by a coroner to establish the cause of death • The need for agency professionals to ensure they keep written records of the referral and subsequent contact INITIAL ACTION 10.19.14 The provision of medical assistance to the child is the first priority and an ambulance requested, unless already in attendance. Ambulance staff and GPs 10.19.15 Generally the ambulance service (or GP if first professional on the scene) should not assume death and should: • Try to resuscitate immediately (unless clearly inappropriate), then • Notify Police - if they are not already present and consult about whether the child’s body should be immediately transported to the Emergency Department (ED) – it is usual for all babies and children to be taken to the ED by ambulance unless circumstances of the death require the body to remain at the scene for forensic examination • Prior to arrival, provide relevant information and history to the ED • Take the family to the ED to ensure receipt of appropriate medical and social support 10.19.16 If the child has clearly been dead for some time, attempted resuscitation may be inappropriate and a GP may certify the fact of death at home and inform the coroner’s office. 10.19.17 Professionals present should take note of the position of the child, clothing worn and circumstances of how the child was found, living conditions and any comments made by parents / carers. SET LSCB PROCEDURES 2006 270 ADDITIONAL PROCEDURES 10.19.18 Any information (including suspicions) should be passed onto the receiving hospital doctor and directly to the Police. Hospital staff 10.19.19 ED staff must inform the consultant paediatrician or the ED consultant immediately of the arrival of the child & family and: • Attempt resuscitation (unless clearly inappropriate appropriate) according to the UK Resuscitation Guidelines (2005) www.resus.org.uk/pages/guide.htm, until the paediatrician on call has decided to stop further efforts • Establish identity of those present and their relationship to the child • Allocate member of staff to support parents / carers and keep them informed at all times • Check that the Police have been notified (via the Police control room) if the child is dead on arrival or subsequently dies • Undertake checks with Children’s Social Care 10.19.20 The paediatrician on call should undertake the initial examination (the consultant in emergency medicine may also need to be involved and for children over 16 years may be more appropriate than the paediatrician). The appropriate doctor should undertake a full general examination and: • Report on injuries, rashes and observations about the child’s physical condition • Record site and route of any intervention in resuscitation • Establish a detailed and careful history of events leading up to and following the discovery of the child’s collapse • Obtain a full medical and family history, including siblings, history of other child deaths and medical concerns • Inform the Police immediately if injuries of concern are noted • Ensure personal mementos, clothing or bedding are not removed prior to consultation with coroner and Police • Allow parents to see and hold their child, with discreet supervision, both in the hospital and in the mortuary • Speak directly to the coroner’s office • Consider a full skeletal survey (this should be undertaken prior to the autopsy as may significantly alter the required investigations) 10.19.21 When the child is pronounced dead the consultant paediatrician on call should: • Inform the parents of the death and the known medical facts (this should be in the privacy of an interview room, but in the presence of the member of staff allocated to support the family) SET LSCB PROCEDURES 2006 271 ADDITIONAL PROCEDURES • Explain to parents that the coroner has to be informed to decide if a post mortem will be necessary to try to discover cause of death • Provide information and support 10.19.22 The comments of parent / carers should be noted in detail. 10.19.23 Parents / carers should not be left unsupervised with the child’s body – staff should maintain a discreet presence. 10.19.24 All professionals involved must ensure their observations and actions are included within the written records, which must be legibly signed, dated and include the professional’s designation / role. INITIAL MULTI-AGENCY COMMUNICATION 10.19.25 As soon as possible after the child’s arrival at the ED (or confirmation of her/his unexpected death) the coroner and Police must be informed. 10.19.26 The paediatrician on call / designated paediatrician with responsibility for unexpected deaths in childhood must initiate immediate multiagency information sharing and planning discussion/s (by telephone and/or meeting) with lead agencies involved i.e.: • Coroner’s office • Police must be contacted and arrangements made for the officer designated to lead the investigation to be introduced to the parents whilst they are at the hospital (if possible) and talk to the parents jointly with the paediatrician at the home visit (see below 10.19.29) • Children’s Social Care should be contacted (possibly more that 1 authority if the child died away from home) and their records checked: the relevant paediatrician should communicate directly with the duty / allocated social worker if the family are known • The child’s GP, health visitor and school nurse (if applicable) should be contacted as soon as possible to ensure they are fully informed and to obtain relevant information • Any other relevant professionals / agencies should be contacted 10.19.27 Where the death occurred in a hospital, the plan should also address the actions required by the Trust’s serious incidents protocol. 10.19.28 Where the death occurred in a custodial setting, the plan should ensure appropriate liaison with the investigator from the Prisons and Probation Ombudsman. 10.19.29 For all unexpected deaths (including those not seen in the ED) urgent contact should be made with any other agencies who know or are involved with the child including CAMHS, school, early years services to ensure they are informed and to obtain relevant information on the child, the family and other members of the household. SET LSCB PROCEDURES 2006 272 ADDITIONAL PROCEDURES 10.19.30 If significant concerns are raised at these discussions about the possibility of neglect or abuse, the Police should become the ‘lead agency’ and immediately initiate a formal crime scene investigation at the site of the child’s collapse or death. 10.19.31 At this point normal multi-agency child protection procedures and a s.47 enquiry should be initiated about any surviving siblings. VISIT TO PLACE OF DEATH OR COLLAPSE 10.19.32 At the discretion of the senior investigating officer, the Police may have visited the scene of death immediately, and before discussion with the parents. 10.19.33 The senior investigating officer and senior health care professional should make a decision about whether to visit the place the child died or collapsed, if this occurred outside of the hospital. For infants who die unexpectedly this should almost always occur (see para. 5.1 in Sudden Unexpected Death in Infancy The Royal College of Pathologists and The Royal College of Paediatrics and Child Health, September 2004 www.rcpath.org/resources/pdf/SUDI%20report%20for%20web.pdf 10.19.34 Within 24 hours of the death, the designated paediatrician for unexpected child deaths (or alternative senior health professional experienced in responding to unexpected child deaths) and senior Police investigating officer should undertake a joint home visit (or to the place where the child collapsed / died if different). The purpose of this visit is to: • Carry out a systematic examination of the site of the child’s death • Explore the circumstances of the death, relevant events and previous history 10.19.35 If a joint visit is impossible within this time frame, separate visits should occur. 10.19.36 The family’s GP and health visitor could usefully be included in this meeting and should ensure arrangements are quickly put into place for appropriate bereavement support. 10.19.37 It must be explained to parents that this is a routine part of the investigation to help identify and understand the factors that have contributed to the death and contribute information for the pathologist, prior to the post mortem examination. 10.19.38 Arrangements should be made to ensure that the scene of the child’s collapse and / or death is left undisturbed until the visit takes place. SET LSCB PROCEDURES 2006 273 ADDITIONAL PROCEDURES FURTHER MULTI-AGENCY DISCUSSION 10.19.39 Following this visit to the scene of the collapse / death, the designated paediatrician for unexpected child deaths, senior investigating Police officer, health visitor and GP should review the findings. 10.19.40 If significant concerns about the possibility of abuse or neglect have been newly identified, Children’s Social Care should be included in these strategy discussions, s. 47 enquiries initiated on any surviving siblings and the Police should (if not already initiated) institute a ‘crime scene investigation’. Consideration should be given to the appropriateness or not of holding a serious case review (see 14.2.5 33). POST MORTEM 10.19.41 The post mortem examination will be ordered by the coroner, and should be carried out as soon as possible by the most appropriate pathologist available (this may be a paediatric and/or a forensic pathologist) who will perform the examination according to the guidelines and protocols laid down by The Royal College of Pathologists. 10.19.42 The designated paediatrician for unexpected child deaths should fully brief the pathologist/s by presenting the collated information collected by those involved in responding to the child’s death. 10.19.43 The post mortem should routinely involve a full radiological skeletal survey, reported on by a radiologist with paediatric training and experience. 10.19.44 Where the death is deemed to be unnatural or the cause not yet determined, the coroner will hold an inquest. 10.19.45 The paediatrician’s report to the coroner should review all relevant medical, social and education records, clinical circumstances of the death and the history obtained at the home visit. This report should be delivered to the coroner within 28 days of the death, unless some critical information is not yet available. CASE DISCUSSION FOLLOWING PRELIMINARY RESULTS OF POST MORTEM 10.19.46 Preliminary results of the post mortem belong to the commissioning coroner. The pathologist should discuss these, as soon as possible, with the designated paediatrician and senior investigating Police officer and the coroner immediately informed of the initial results. SET LSCB PROCEDURES 2006 274 ADDITIONAL PROCEDURES 10.19.47 If the post mortem findings suggest evidence of neglect or abuse: • The Police will become the lead investigating agency and provisions of normal criminal investigations set into motion • Children’s Social Care must be informed and take immediate responsibility for initiating a s.47 enquiry for any surviving siblings, in accordance with module 7 • Consideration should be given to the appropriateness or not of holding a serious case review (see 14.2.5 -33). 10.19.48 If this is not the case, the designated paediatrician for unexpected child deaths should communicate the findings to the primary care team and family, although the Police may wish to be involved in the process. 10.19.49 In all cases there should be a further multi-agency discussion (usually by phone) involving pathologist, Police, Children’s Social Care, the designated paediatrician for unexpected child deaths and other relevant healthcare professionals to discuss post mortem findings and ensure no additional information has emerged relevant to safeguarding issues. This should occur within 5 -7 days after the death. FINAL CASE DISCUSSION MEETING 10.19.50 The designated paediatrician for unexpected child deaths should convene and chair a case discussion meeting as soon as possible after the final post mortem result is available (timing will vary according to circumstances but should be no more than 8 –12 weeks after death). 10.19.51 The meeting, usually in the health centre / GP surgery, should include professionals who knew the child and family and those involved in investigating the death i.e. GP, health visitor / school nurse, paediatrician/s, pathologists, senior Police investigating officer and where appropriate Children’s Social Care. In some cases the coroner or coroner’s officer may wish to attend the meeting, and in other cases the Police will attend as both the investigating agency and the coroner’s representative. 10.19.52 At this stage the collection of core data should be completed and, if necessary, previous information corrected in a manner consistent with enabling the change to be audited. 10.19.53 The purpose of the meeting is to: • Share and review information • Agree a formal classification of the cause of death • Identify factors that contributed to the death SET LSCB PROCEDURES 2006 275 ADDITIONAL PROCEDURES • Explicitly comment on the presence or not of concerns about abuse and neglect causing or contributing to the death – if no evidence of maltreatment this should be clearly documented • Explicitly comment on the quality of medical and social care and consider potential lessons to be learnt • Agree how detailed information about cause of the death will be shared with parent/s, by whom and who will offer ongoing support 10.19.54 Families are not ordinarily invited to the meetings, but should be fully informed of the outcome at the earliest opportunity, usually at a meeting with the designated paediatrician for unexpected child deaths or the paediatrician responsible for the child’s care and a member of the primary health care team. The parents should also be provided with written information on the outcome. 10.19.55 In cases where abuse is suspected and/or the Police are conducting a criminal investigation, the paediatrician should discuss with Police and Children’s Social Care what information should be shared, how and when. 10.19.56 The designated paediatrician for unexpected child deaths is responsible for providing an agreed record of the meeting and all reports to the coroner. 10.19.57 The coroner will take this into consideration in the conduct of the inquest and in the cause of death notified to the Registrar of Births and Deaths. 10.19.58 The summary of the case discussions and the record of the core data set should be made available to the Child Death Overview Panel (see 14.3.4 - 13) when the child dies away from their residential area. FURTHER GUIDANCE 10.19.59 The Foundation for the Study of Infant Deaths produces a wide range of leaflets and information for families and professionals (tel: 020 7235 1721). 10.19.60 See also Sudden Unexpected Death in Infancy The Royal College of Pathologists and The Royal College of Paediatrics and Child Health, September 2004 www.rcpath.org/resources/pdf/SUDI%20report%20for%20web.pdf SET LSCB PROCEDURES 2006 276 CHILDREN & FAMILIES IN NEED MOVING ACROSS LOCAL AUTHORITY BOUNDARIES 1 1 C H I L D R E N & FA M I L I E S I N N E E D M O V I N G ACROSS LOCAL AUTHORITY BOUNDARIES 11.1 INTRODUCTION 11.1.1 The increasing numbers of families moving or being moved across local authority boundaries presents difficulties in terms of safe, reliable and consistent delivery of services. 11.1.2 The universal services offered by health and education are a function of the area in which a child is living. Arrangements for delivery of Children’s Social Care are more complex, and the remainder of this module seeks to make them explicit in defined circumstances. 11.1.3 The module provides information about: • The principles on which the procedures are founded • Key definitions • Indicators of risk for children who move or are moved across local boundaries • Best practice for information transmission • Attribution of Children’s Social Care case responsibility and transfer of information when the child and/or family have moved to the receiving authority • A child arriving in Southend, Essex and Thurrock from overseas • Procedures for hospital in-patients • Attribution of responsibility for child protection enquiries PRINCIPLES 11.1.4 The following procedures are based on the principle that for the majority of children, it is in their interests to receive support or protection from agencies, in particular local health and Children’s Services (Social Care or Education), in the area in which they are living. 11.1.5 Qualifications and exceptions to the above principle are detailed below in 11.5.1 and relate to the circumstances specified there. 11.1.6 The procedures do not distinguish between temporary or permanent moves of home, nor the nature of the accommodation in which the child and/or family are living – e.g. private or public housing. SET LSCB PROCEDURES 2006 277 CHILDREN & FAMILIES IN NEED MOVING ACROSS LOCAL AUTHORITY BOUNDARIES 11.2 SCOPE & DEFINITIONS 11.2.1 The following procedures address allocation of Children’s Social Care case responsibility and apply to all children in need, including those in need of protection. 11.2.2 The procedures embrace local authority provision of Children’s Social Care, but exclude local authority provision of housing or provision of housing or any subsistence costs included in a child in need plan by Children’s Social Care 11.2.3 The latter remain the responsibility of the originating authority until the housing issue is resolved, although the receiving authority may become responsible for other parts of service delivery. 11.2.4 The procedures apply only where children and families move between Southend, Essex and Thurrock or between these authorities and London boroughs. 11.2.5 Other cases should be determined on their merit, and financial arrangements negotiated with the relevant other authority. 11.2.6 For the purposes of these procedures, the term: • ‘Originating authority’ refers to the authority in which the family previously lived, and • ‘Receiving authority’ to the authority to which the family has moved NEGOTIATED ALTERNATIVES TO MODULE 11 PROCEDURES 11.2.7 Given the relatively high frequency of movement and particular sensitivity of communication with some Traveller families, and other communities who move / are moved from one authority to another, it will continue to be necessary from time to time to negotiate wholly individual arrangements. 11.2.8 In what are anticipated to be exceptional cases and only if the circumstances of an individual child justify it, a first line or more senior manager is authorised to negotiate with her/his equivalent in another authority arrangements other than those in this module. 11.2.9 Any such negotiated departures from standard procedures must be confirmed in writing within 5 working days. 11.3 INDICATORS OF RISK 11.3.1 When families move frequently, it is more difficult for agencies to monitor a child’s welfare and identify any risks. SET LSCB PROCEDURES 2006 278 CHILDREN & FAMILIES IN NEED MOVING ACROSS LOCAL AUTHORITY BOUNDARIES 11.3.2 Along with the indicators of risk in module 4, the following circumstances associated with children and families moving across local authority boundaries are a cause for concern: • A family not being registered with a GP • Children missing from a school roll or persistently not attending • Homelessness, in so far as it impacts on the welfare of the child • Information ‘patch worked’ across a network of agencies with no single agency holding the whole picture of a family history • Emergency Departments offering treatment to a child who appears not to be engaged with primary health groups 11.3.3 Without regard to their specific role, staff in all agencies must be alert to the possibility that a child or family who comes to their attention may not be in receipt of universal services. 11.3.4 All agencies, which come into contact with families who have moved, must ensure that they establish basic information regarding full names, dates of birth, previous address, registration with doctor and the child/ren’s enrolment in school. The relevant agency must be notified if a child is not appropriately registered / enrolled. 11.4 BEST PRACTICE FOR INFORMATION TRANSMISSION 11.4.1 11.4.2 Particular care must be exercised by all agencies in contact with children and families moving across local authority boundaries to collect accurate information on any child in need and share this with other agencies e.g.: • Ensuring that all forenames and surnames used by the family are provided, and clarification is obtained about the correct spelling • Ensuring that accurate dates of birth are obtained for all household members, where at all possible • Obtaining the previous full addresses, and earlier addresses within the last 2 years, including any addresses where the child has lived abroad • Clarifying relationships between the child and other household members, if possible with documentary evidence • Asking child / family with which statutory or voluntary organisations they are in contact • Establishing GP, health visitor, current or previous school Professional staff in originating authorities must ensure that their counterparts in the receiving authority have been sent a copy of all relevant records within 5 days of being notified of the move. SET LSCB PROCEDURES 2006 279 CHILDREN & FAMILIES IN NEED MOVING ACROSS LOCAL AUTHORITY BOUNDARIES 11.4.3 Professional staff in receiving authorities must ensure that they request relevant records from their counterparts in originating authorities when notified of the move. 11.4.4 All attendance of children at Hospital Emergency Departments should be communicated to community based staff, first seeking consent from a competent child, in accordance with Working Together to Safeguard Children (2006) 2.56. 11.5 ATTRIBUTION OF CASE RESPONSIBILITY FOLLOWING MOVE 11.5.1 Children’s Social Care responsibility for services rests with the local authority in which the child is living, regardless of whether the residence is regarded as temporary or permanent by either professionals or family. 11.5.2 Specific qualifications and exceptions are described below and apply when the child is: • Subject to a full or interim Care Order in the originating authority • Accommodated under s.20 Children Act 1989 by the originating authority • Subject of a child protection plan in the originating authority • In receipt of services from the originating authority other than rent and subsistence 11.5.3 Where housing and any subsistence costs are being provided by the originating authority as part of a child in need plan, these costs should continue to be borne by the originating authority until the housing needs are resolved or until such time as the receiving authority accepts case responsibility. 11.5.4 Other Children’s Social Care are to be provided by the receiving authority in accordance with the following procedures. CHILD SUBJECT TO STATUTORY ORDER IN ORIGINATING AUTHORITY Attribution of Children’s Social Care responsibility 11.5.5 Children subject to a full or an interim Care Order remain the responsibility of the originating authority until the order is discharged or expires. 11.5.6 Where a Care Order is in force, the receiving authority may (this must be confirmed in writing by a 1st line or more senior manager) agree to provide required services on behalf of the originating authority, but legal and financial responsibility remains with the originating authority. SET LSCB PROCEDURES 2006 280 CHILDREN & FAMILIES IN NEED MOVING ACROSS LOCAL AUTHORITY BOUNDARIES Responsibility to provide / obtain information 11.5.7 In cases where Children’s Social Care is aware in advance of a child’s move, the social worker in the originating authority must, prior to the child’s move inform relevant agencies within the originating authority and the receiving authority’s Children’s Social Care of the child’s placement. 11.5.8 The social worker must also ensure that appropriate agencies in the receiving authority are aware of the child’s needs. 11.5.9 It is the responsibility of health and education agencies in the originating authority, prior to the child’s move, to provide information to their colleagues in the receiving authority. 11.5.10 If this information has not arrived by the time the child moves, it is the responsibility of the receiving agencies (once they become aware of the child’s arrival) to request the information. CHILD ACCOMMODATED BY ORIGINATING AUTHORITY Attribution of Children’s Social Care responsibility 11.5.11 An accommodated child remains the responsibility of the originating authority until: • S/he is discharged from accommodation or • Agreement is reached and confirmed in writing by its 1st line manager that the receiving authority will accommodate her/him Responsibility to provide / obtain Information 11.5.12 The social worker in the originating authority must, prior to the child’s move (and in addition to informing relevant agencies in the originating authority), inform the receiving authority’s Children’s Social Care of the child’s placement and ensure that relevant agencies in the receiving authority are aware of the child’s needs. 11.5.13 It is the responsibility of health and education agencies in the originating authority, prior to the child’s move, to provide information to their colleagues in the receiving authority. 11.5.14 Where this has not arrived by the time the child moves, it is the responsibility of the receiving agencies to request the information. SET LSCB PROCEDURES 2006 281 CHILDREN & FAMILIES IN NEED MOVING ACROSS LOCAL AUTHORITY BOUNDARIES CHILD SUBJECT OF CHILD PROTECTION PLAN IN ORIGINATING AUTHORITY Attribution of Children’s Social Care responsibility 11.5.15 All reasonable efforts should be made to house children who are subject to a child protection plan within the authority, unless a move is part of the child protection plan. This applies to both temporary and permanent housing provision. 11.5.16 The responsibility for the child subject to a child protection plan remains with the originating authority until the receiving authority’s transfer conference (see below). 11.5.17 If the child/ren’s move is seen to increase risk of significant harm the originating authority must consider intervention to protect them. The receiving authority where the child/ren children are found to be at increased risk must take any immediate action required to safeguard them (see 11.7) and address any dispute, financial or otherwise, with the originating authority subsequently. 11.5.18 The receiving authority must place the child on its database as being subject of a ‘temporary’ child protection plan from the actual date of the move or when informed (if this is later). 11.5.19 Where the originating authority is some distance away, the receiving authority must agree in writing between first line managers, to implement the child protection plan, on behalf of the originating local authority, from the date of the move. 11.5.20 Where agreement cannot be reached the originating authority retains responsibility for 15 working days after notification is provided to the receiving authority and a request made for a transfer in conference to be convened. 11.5.21 The receiving authority should convene a transfer child protection within 15 working days of being notified that a child subject to a child protection plan elsewhere has moved into its area (see 8.2.27 - 31), unless the move is temporary and the originating authority accepts ongoing case responsibility (see 11.5.36 – 43). 11.5.22 Only when a child protection conference has been convened in the receiving authority and management responsibility has been transferred, can the child cease to be a subject of a child protection plan in the originating authority. 11.5.23 The designated child protection manager of the receiving authority must inform her/his equivalent in the originating authority in writing of the result of the conference. SET LSCB PROCEDURES 2006 282 CHILDREN & FAMILIES IN NEED MOVING ACROSS LOCAL AUTHORITY BOUNDARIES Responsibility to provide / obtain information 11.5.24 If a worker from any agency discovers that a child who is the subject of a child protection plan is planning to move, or has moved out of / into the area s/he should inform the key worker / Children’s Social Care immediately, and confirm this information in writing, whenever practicable on the same day. 11.5.25 The key worker must inform all other professionals involved in the case as well as the receiving Children’s Social Care. If the move has occurred already the key worker should complete this task immediately. If the move is to be within the next 14 days, the key worker should complete this task within 1 working day. 11.5.26 The key worker from the originating authority must inform the designated child protection managers of both originating and receiving authorities of the (proposed) move. 11.5.27 It is the responsibility of each agency in the originating authority to try to ascertain that the: 11.5.28 • Reciprocal agency in the receiving authority receives detailed information and is made aware of the need to fulfil its role in the protection plan • Key worker is informed of the name and details of staff in the receiving area • Key worker is notified of any factors affecting the protection plan The key worker in the originating authority must: • Make contact with agencies in the receiving authority to ensure that the level and type of service being provided satisfies the requirements of the protection plan and advise of any significant issues of concern that may impact upon the child / young person’s safety • Discuss any difficulties with her/his supervisor • Initiate use of any of the local authority’s statutory powers made necessary by the move • Provide a report and attend the child protection transfer conference 11.5.29 When case responsibility is to be transferred the key worker must inform all agencies of the arrangements so that staff can transfer records, attend and provide information to the receiving authority’s transfer child protection conference. 11.5.30 The Children’s Social Care in the receiving authority must ensure, prior to the transfer conference, that it has received sufficient relevant information from the originating authority to clarify details of the case, responsibility for the child and plans. SET LSCB PROCEDURES 2006 283 CHILDREN & FAMILIES IN NEED MOVING ACROSS LOCAL AUTHORITY BOUNDARIES 11.5.31 Staff from agencies in the receiving authority must ensure prior to the transfer conference, that where they have not already received it, they seek information from their counterparts in the originating authority. Role of transfer child protection conference 11.5.32 The transfer child protection conference may (if the originating authority rep is present and agrees) decide that, although case responsibility is transferred to the receiving authority, joint work will continue for a time limited period with staff from agencies in the originating authority. 11.5.33 Families should be made aware that information will be shared with the Children’s Social Care in the receiving authority. 11.5.34 When a planned transfer of responsibility for a case is being arranged a representative of the Children’s Social Care of the originating authority must be invited to attend the transfer conference, along with any other significant contributors to the child protection plan. 11.5.35 Each of the receiving local agencies must ensure that the child protection conference has all the relevant information required to make fully informed decisions and develop a proper protection plan, including information from the originating authority’s agencies. Exceptional retention of child protection responsibilities by the originating authority 11.5.36 Where the child protection plan specifies a move out of an authority for a defined and time limited period, the originating authority should retain case responsibility, but may require the assistance of the receiving authority to carry out the protection plan. 11.5.37 Examples of these circumstances are where: 11.5.38 • The child temporarily stays with friends/ family in another authority • A mother together with baby is provided with a time limited placement in a mother and baby unit in another authority • A parent will be supported for a time limited period to live with a specified person – e.g. relative or friend in another authority Another exception, which may justify individual arrangements, is when a family constantly moves and no one authority is able to adequately monitor the welfare of the child. SET LSCB PROCEDURES 2006 284 CHILDREN & FAMILIES IN NEED MOVING ACROSS LOCAL AUTHORITY BOUNDARIES 11.5.39 11.5.40 When any of the above circumstances apply, the key worker must: • Agree with her/his 1st line manager that the originating authority should, in the best interests of the child, retain case responsibility • Inform the designated child protection managers of both authorities and request that the child is placed on the database of the receiving authority as being subject to a temporary child protection plan • Provide the receiving authority with written information on the child and protection plan and the level of participation required of the receiving Children’s Social Care in implementing the plan • Make contact with agencies in the receiving authority to ensure that the level and type of service being/to be provided satisfies the requirements of the protection plan Both 1st line managers must: • Confirm in writing their agreement to case responsibility being retained by the originating authority for a specified period • Ensure that the arrangements made satisfy the requirements of the protection plan 11.5.41 The designated child protection manager of the receiving authority must place the child’s name on the authority’s database as being subject to a temporary child protection plan. 11.5.42 If first line managers are unable to immediately agree case responsibility, they must refer to their respective designated child protection managers, who should determine case responsibility. 11.5.43 If the child protection managers are unable to reach agreement, the receiving authority has case responsibility 15 days following notification of the move and must convene a transfer conference. CHILD (NOT SUBJECT TO CHILD PROTECTION PLAN NOR LOOKED AFTER) IN RECEIPT OF SERVICES FROM ORIGINATING AUTHORITY Attribution of Children’s Social Care responsibility 11.5.44 Where a child and/or family in receipt of services from Children’s Social Care move to another authority, it is the responsibility of the originating authority to notify the receiving authority in writing of their circumstances and any ongoing need for services. 11.5.45 In response to notification by the originating authority of an ongoing need for services, the receiving Children’s Social Care must undertake an Initial Assessment within 1 calendar month of the families move (or receipt of notification that the family have moved – if later). SET LSCB PROCEDURES 2006 285 CHILDREN & FAMILIES IN NEED MOVING ACROSS LOCAL AUTHORITY BOUNDARIES 11.5.46 The originating authority retain case responsibility for the first calendar month unless a decision is taken to close the case or the receiving authority agree in writing to provide a service prior to this date. 11.5.47 The receiving Children’s Social Care will be responsible 1 calendar month after notification of the move (or later if agreed) for making a decision on the eligibility for service provision based on an assessment of need. Exceptional arrangements 11.5.48 The only exception to the above is where the originating authority provide a copy of a child in need plan which includes an intention to continue to offer a service for a defined period in excess of 1 month e.g. subsistence payments, housing costs, completion of a Core Assessment. 11.5.49 In these circumstances the receiving authority should undertake an assessment in the month prior to the date on which those services are due to cease. 11.5.50 Examples of circumstances suitable for this exception are where: • The originating authority are providing a time limited service which requires consistent professional input • A Core Assessment is being completed • A family constantly moves and no one authority is able to assess the needs of the child/ren • The originating authority is providing a specified package of support such as housing / subsistence for a defined period –e.g. family are ‘over-stayers’ within the terms of Immigration legislation or subject to benefit / housing restrictions under ‘habitual residence’ regulations, or housed by Children’s Social Care having been deemed ‘intentionally homeless’ 11.5.51 Any child protection enquiries which may arise in respect of the child / family are the responsibility of the authority as outlined in 11.7.6 11.7.19. 11.5.52 Once such enquiries have commenced, the originating authority ceases to have responsibility for the child / family other than in respect of funding of the child in need plan originally formulated for the agreed 1 month period. 11.5.53 The receiving authority will assume responsibility for the provision of the service and the originating authority will meet the costs in full, in accordance with the services and time-scale specified in the child in need plan. SET LSCB PROCEDURES 2006 286 CHILDREN & FAMILIES IN NEED MOVING ACROSS LOCAL AUTHORITY BOUNDARIES Responsibility to provide / obtain Information 11.5.54 Where children in need are receiving services, but are not looked after or subject to a child protection plan, the originating Children’s Social Care must (in addition to informing relevant agencies in the originating authority) inform the receiving Children’s Social Care in writing of the plan, with intended date of move and details of the child/ren’s identified needs. 11.5.55 If the originating Children’s Social Care was unaware of the move before it occurred, the notification must occur immediately following its discovery. 11.5.56 The receiving Children’s Social Care is responsible for seeking full information from the originating authority, including information from other agencies, where appropriate. 11.5.57 It is the responsibility of health and education authorities in the originating authority to provide information to their colleagues in the receiving authority. Where this has not arrived it is the responsibility of the receiving agencies to request the information in writing. 11.5.58 Where a housing authority has been involved in the move of the child/ren and family, the originating housing authority must inform the originating and receiving Children’s Social Care, Children’s Services (Education) and PCT of the move. 11.6 CHILD. 11.6.1 The following procedures apply to all children moving into Southend, Essex and Thurrock from outside the U.K., whether unaccompanied, with their family / relatives or with other adults (see also 10.18 Trafficking). Responsibility for recognition of child in need 11.6.2 All agencies that come into contact with the child must consider her/his welfare and whether or not they might be a child in need and justify a referral to Children’s Social Care (see module 3 and 11.3 above). 11.6.3 All unaccompanied children under 16 should be accommodated under s.20 of the Children Act 1989. Unaccompanied 16+ should have an assessment of need and where identified as particularly vulnerable, e.g. in terms of mental health or learning disability may also be accommodated. SET LSCB PROCEDURES 2006 287 CHILDREN & FAMILIES IN NEED MOVING ACROSS LOCAL AUTHORITY BOUNDARIES 11.6.4 Such agencies include: • Immigration Services • Refugee Council • National Asylum Seekers Service (NASS) • Housing Services • Health Services • Children’s Services (Education) • Children’s Social Care Attribution of Children’s Social Care responsibility 11.6.5 Where a child arrives in Southend, Essex or Thurrock from overseas, the authority in which they are staying or presenting for help has a responsibility to determine the required response to the referral. Assessment 11.6.6 The authority receiving the referral must undertake, at a minimum, an Initial Assessment of any child in the circumstances described in 11.3.2 above. 11.6.7 Children’s Social Care should notify local health services and Children’s Services (Education) of such a child. 11.6.8 As part of the Initial Assessment social workers and other practitioners should ensure that they: • Use an interpreter if required in accordance with 10.11 • See the child alone, where possible • Obtain a full history of the child/ren and carers including place of birth, date of birth, relationships, where the child has been living with addresses and any significant events • Obtain records from other agencies in this country • Seek information from equivalent agencies in the country (ies) where the child has lived. Contact information can be obtained via the Foreign & Commonwealth Office (0207 008 1500), the relevant Embassy or Consulate (see the London Diplomatic List, ISBN 0 11 591772 1 from the Stationery Office on 0870 600 5522 or FCO website www.fco.gov.uk ) • Understand what significant events have occurred in the child’s life, the impact of these and any consequent therapeutic needs of the child. SET LSCB PROCEDURES 2006 288 CHILDREN & FAMILIES IN NEED MOVING ACROSS LOCAL AUTHORITY BOUNDARIES 11.7 ARRANGEMENTS FOR CHILD PROTECTION ENQUIRIES 11.7.1 A local authority has a lawful responsibility to conduct s.47 enquiries regarding suspected or actual significant harm to a child who lives, or is found in its area. 11.7.2 The term ‘home authority’ refers to the authority holding case responsibility, or if the child is not known to Children’s Social Care, the authority in which the child is living (this could be either an ‘originating’ or ‘receiving’ authority). 11.7.3 The term ‘host authority’ refers to the authority where a child may be found, is visiting for a short break or in receipt of specified services e.g. education (this could be either a receiving authority without case responsibility or an entirely different authority). 11.7.4 In situations where the child is found, staying in or receiving a service from a ‘host’ authority other than her/his ‘home’ authority where s/he usually lives, it is not always clear which authority is responsible for protecting the child and conducting enquiries. 11.7.5 The following are examples of these circumstances: • A child found in one authority and subject to a child protection plan in another authority • A child looked after in another local authority • A child attending a boarding school in another area • A family currently receiving services from another local authority • A child staying temporarily in the area whose family remain in the ‘home’ authority • A family who have moved into the area where another authority retains case responsibility temporarily • A child suspected of being abused e.g. by a person identified as presenting a risk in the host authority ATTRIBUTION OF RESPONSIBILITY FOR ENQUIRIES 11.7.6 Where more than one authority is involved with a child, Children’s Social Care responsibility for child protection enquiries depends on whether allegations or concerns arise in relation to the child’s circumstances in her/his ‘home’ or ‘host’ authority. Principles 11.7.7 The following principles must be applied: • Negotiation about responsibility must not cause delay in urgent situations SET LSCB PROCEDURES 2006 289 CHILDREN & FAMILIES IN NEED MOVING ACROSS LOCAL AUTHORITY BOUNDARIES • There must be immediate and full consultation and co-operation between both host and home authorities, with both involved in the planning and undertaking of enquiries • Case responsibility for the child lies with the home authority • Any emergency action required should be taken by the host authority unless agreement is reached between authorities for the home authority to take alternative action, e.g. if geographically close • Where allegations arise in relation to the child’s home circumstances, the home Police CAIU and Children’s Social Care will lead the enquiry, involving the host authority where the child is placed • Where allegations arise in relation to the child’s circumstances within the host local authority, - e.g. abuse in school or placement, the host Children’s Social Care will lead the enquiry liaising closely with the home authority (the home Police CAIU retains responsibility but may negotiate with their colleagues in the host area) • Where a child is found in the host authority and concerns for safety arise that requires an immediate response that authority must undertake enquiries to establish levels of concern and action required • Where emergencies and enquiries are dealt with by the host authority, responsibility for the child will usually revert to the home authority, following negotiations PROCEDURE 11.7.8 There must be immediate contact between home and host authorities, initiated by the authority that receives the referral. 11.7.9 The home and host authority will agree initially: 11.7.10 • Any need for urgent action • Responsibility for any urgent action and enquiries in accordance with the above principles • Responsibility and plans for a strategy discussion • Responsibility for liaison with other agencies The following must be told, and sent written confirmation, of the referral (subject to the guidance on information sharing and confidentiality set out in Module 3): • The social worker for the child/ren or the relevant manager where there is no allocated social worker • The designated child protection managers for both home and host authorities • (Where relevant) the placement officers of both authorities SET LSCB PROCEDURES 2006 290 CHILDREN & FAMILIES IN NEED MOVING ACROSS LOCAL AUTHORITY BOUNDARIES 11.7.11 • Other local authorities using the service or placement • (Where relevant) the regulatory authority • The local authority where an alleged abuser lives and/or works subject to the guidance set out in module 3 and module 12 If agreement cannot be reached within the working day, Children’s Social Care where the child is found has the responsibility to undertake the enquiry and take any protective action necessary. Strategy discussions 11.7.12 Strategy discussions (usually meetings) must be held within the time scales set generally (see 7.8.21-24) and be convened, administered and chaired by the responsible Children’s Social Care as defined above. 11.7.13 Attendance at the discussion must include: 11.7.14 11.7.15 • A managerial representative of the service provider (unless suspected of involvement in the child protection concerns) • Home authority Children’s Social Care responsible for the child/ren • Host authority Children’s Social Care • Representatives of other agencies and authorities as decided by the responsible Children’s Social Care (in consultation with the other authority) Information provided to the strategy discussion will depend on the source of the concern, but must include basic details of the child/ren and family as well as relevant information about: • Family and (where applicable) placement history of the child • Basic details about alleged abuser (where applicable) employment history for staff member / foster carer / volunteer etc • Registration history for the establishment or service The minutes of the strategy discussion must include decisions, actions, responsibility for actions, time scales and process for review and closure. Outcome of enquiries 11.7.16 The outcome must be conveyed in writing by the social worker (in accordance with the safeguards in module 3) to: • All local authorities with children affected • All local authorities using the same service or placement • All agencies involved SET LSCB PROCEDURES 2006 291 CHILDREN & FAMILIES IN NEED MOVING ACROSS LOCAL AUTHORITY BOUNDARIES • The child/ren where appropriate • Parents, carers and any others with parental responsibility • Employee, foster carer, volunteer or other worker involved • The relevant regulatory authority • The DH or DFES as appropriate Families moving whilst s.47 enquiries being conducted 11.7.17 In the event that a family moves whilst s.47 enquiries are being made, e.g. to a refuge in another authority, the originating authority should convene a strategy discussion within 72 hours which includes the receiving authority. 11.7.18 The originating authority retains responsibility until the completion of enquiries unless an alternative is agreed. If a conference is required it should be convened in the receiving authority. Role of officers responsible for placements 11.7.19 Where allegations or concerns about a placement are the subject of enquiries, the officer responsible for placement in both host and home local authority must: • Consider the implications for other children and must pass relevant information to other placing social workers • Halt new placements until enquiries are concluded and outcomes evaluated • Inform the regulatory authority of the placement • Having considered the outcome of the enquiry, decide the implications for future placement and confirm in writing to the establishment or foster carer the outcome and implications for future use of the placement • Follow up any other matters as appropriate in relation to the establishment or its management, staffing or registration 11.8 HOSPITAL IN-PATIENTS 11.8.1 Hospital admissions (including rehabilitation / mother and baby units) should not be regarded as a ‘move of home’. 11.8.2 The responsible authority remains that within which the patient’s home is located except with regard to arrangements for child protection enquiries (see 11.7). 11.8.3 Where the patient no longer has a home address e.g. if the family was homeless or gave up a tenancy at the time of, or since admission, the responsible authority becomes that within which the hospital is located. SET LSCB PROCEDURES 2006 292 ALLEGATIONS AGAINST PEOPLE WHO WORK WITH CHILDREN 1 2 A L L E G AT I O N S A G A I N S T P E O P L E W H O WORK WITH CHILDREN 12.1 SCOPE 12.1.1 12.1.2 This procedure and guidance applies whenever it is alleged that a person who works with children has, in any connection with her/his employment, voluntary activity or in any personal capacity: • Behaved in a way that has or may have harmed a child • Possibly committed a criminal offence against or related to a child or • Behaved towards a child in a way which indicates s/he is unsuitable to work with children These procedures apply to situations when: • There are suspicions or allegations of abuse by a person who works with children in either a paid or unpaid capacity – this includes as a permanent, temporary or agency staff member, contract worker, consultant, volunteer, foster carer, approved child carer, child minder or approved adopter • It is discovered that an individual known to have been involved previously in child abuse, is or has been working with children 12.1.3 If concerns arise about the person’s behaviour to her/his own children, Police and/or Children’s Social Care must consider informing the person’s employer in order to assess whether there may be implications for children with whom the person has contact at work. 12.1.4 If an allegation relating to a child is made about a person who undertakes paid or unpaid care of vulnerable adults, consideration must be given to the possible need to alert those who manage her/him in that role 12.1.5 The response to private foster carers should be as for any other member of the public. 12.1.6 The procedures must be applied in conjunction with any agency or professional guidance. 12.1.7 Where relevant, the procedures must be applied in conjunction with those about organised or complex abuse (see 10.14). SET LSCB PROCEDURES 2006 293 ALLEGATIONS AGAINST PEOPLE WHO WORK WITH CHILDREN THRESHOLD CONSIDERATIONS 12.1.8 Residential social workers, teachers, foster carers, health workers in residential child care establishments, hospital staff and early years professionals are all prohibited by law from applying more than specified types and levels of restraint to those children for whom they are professionally responsible. 12.1.9 Volunteers working with children are also expected to maintain standards of conduct comparable to colleagues in paid employment. 12.1.10 Allegations or suspicions of abuse or neglect by staff, carers or volunteers e.g. physical punishment, use of restraint other than permitted by law or guidance issued by government or professional associations, as well as abuse and neglect as defined in module 4 should be considered under these additional procedures. 12.1.11 A relationship of trust is one where a teacher or other member of staff / volunteer is in a position of power or influence over a child by virtue of the work or nature of activity being undertaken. The Sexual Offences Act 2003 (ss.16-24) sets out a range of criminal offences associated with abuse of the position of trust. 12.2 ROLES & RESPONSIBILITIES 12.2.1 Each LSCB member organisation should identify • • 12.2.2 A named senior officer with overall responsibility for: o Ensuring the organisation operates procedures in accordance with SET child protection procedures o Resolving any inter-agency issues; o Liaising with the LSCB on the subject Managers to whom allegations / concerns should be reported (and deputy in his/her absence or if the manager is the subject of the allegation): this may be the employee’s line manager or a senior manager as designated in the agencies procedures – this will be a head teacher in a school or the chair of the Governors in the event of an allegation against a head teacher Local authorities should also designate officer/s (‘LA designated officer’/s) to: • Be involved in the management and oversight of individual cases • Provide advice and guidance to employers and voluntary organisations; • Liaise with the Police and other agencies • Monitor the progress of cases to ensure that they are dealt with as quickly as possible consistent with a thorough and fair process SET LSCB PROCEDURES 2006 294 ALLEGATIONS AGAINST PEOPLE WHO WORK WITH CHILDREN 12.2.3 Police Forces should identify: • • A senior officer to: o Have strategic oversight of the arrangements o Liaise with the LSCBs in the Force area o Ensure compliance Unit managers to: o Liaise with the LA designated officer (or nominee) o Take part in strategy discussions / meetings (Essex) and management planning meetings (Thurrock and Southend) o Review the progress of cases in which there is a police investigation o Share information on completion of the investigation or any prosecution 12.2.4 Organisations providing services for children, or staff / volunteers to work with or care for children, should operate procedures for handling allegations consistent with guidance in Working Together to Safeguard Children 2006 and for schools and education settings, Safeguarding Children in Education: Dealing with Allegations of Abuse Against Teachers and other Staff, DfES S/2044/2055. 12.2.5 Any other organisations contracted by agencies working in accordance with these procedures, should be made aware that they are also expected to comply with these requirements. 12.2.6 The employing or responsible agency must ensure allegations are investigated and any justifiable action taken to ensure that the service is safe for child users. 12.3 GENERAL PROCEDURES PRINCIPLES 12.3.1 Any allegation of abuse must be dealt with fairly, quickly and consistently to provide effective protection for the child and at the same time supports the person who is the subject of the allegation. 12.3.2 It is not permissible for a member of staff to conduct an enquiry about suspicion or allegation of abuse with respect to a: • Relative • Friend • Colleague, supervisor / supervisee or someone who has worked with her/him previously in any of these capacities SET LSCB PROCEDURES 2006 295 ALLEGATIONS AGAINST PEOPLE WHO WORK WITH CHILDREN 12.3.3 If, following the conclusion of child protection processes, further enquiries are pursued for the purpose of disciplinary, regulatory or complaint investigation, they should be arranged in a way that avoids the repeated interviewing of children or other vulnerable witnesses. CONFIDENTIALITY 12.3.4 Enquiries must be conducted in the strictest confidence so that information can be given freely, without fear of victimisation and in a way that protects the rights of all concerned. 12.3.5 Information about an allegation must be restricted to those who have a need to know in order to: • Protect children • Facilitate enquiries • Manage disciplinary/complaints aspects 12.3.6 A media strategy should be developed with no improper or inadvertent releases of information to the media, in accordance with the Association of Chief Police Officers (ACPO) guidance (The strategy / management planning meeting will consider initiating this strategy - see 12.4.39). 12.3.7 Police will not normally provide identifying information to the Press / media, unless and until a person is charged. In exceptional circumstances e.g. an appeal to trace a suspect, this confidentiality may be breached, but the reasons should be documented and partner agencies consulted first. 12.3.8 There may be occasions when parents choose to go directly to the press. In these circumstances it is advisable to seek guidance from the media team / press office and the ‘LA designated officer’ (or nominee). SUPPORT TO PARENTS / CHILDREN 12.3.9 Parents / carers of a child/ren involved should be: • Informed of the allegation as soon as possible provided the provision of information and advice does not impede the enquiry, disciplinary or investigative processes (they may need to be told straight away e.g. if the child is injured and requires medical treatment) • Helped to understand the process involved and kept informed about the progress of the case • Told that there has been an enquiry or disciplinary process (but no detail to be provided in relation to any internal HR processes) • Where necessary, helped to understand the outcomes reached (but see above proviso in relation to the provision of advice) SET LSCB PROCEDURES 2006 296 ALLEGATIONS AGAINST PEOPLE WHO WORK WITH CHILDREN 12.3.10 Children’s Social Care or Police CAIU, as appropriate, should consider support for a child who may have suffered significant harm or where there may be a criminal prosecution. MONITORING PROGRESS 12.3.11 The LA designated officer or her/his nominee should: • Provide advice / support • Ensure that the progress of each case is monitored, either fortnightly or monthly depending on its complexity, by way of review strategy / management planning meetings in liaison with Police, Children’s Social Care, or the employer as appropriate 12.3.12 The CAIU should set a target date for reviewing the progress of the case and consulting the Crown Prosecution Service (CPS). Wherever possible this should take place within 4 weeks of the decision to initiate a criminal investigation. 12.3.13 Dates for subsequent reviews, ideally at fortnightly intervals, should be set at the meeting if the investigation continues. TIMESCALES 12.3.14 It is in everyone’s interest for cases to be dealt with expeditiously, fairly and thoroughly and that unnecessary delays are avoided. Indicative timescales will depend on the nature, seriousness, and complexity of the allegation: • 80% of cases should be resolved within 1 month • 90% within 3 months • All but the most exceptional should be completed within 12 months (it is unlikely that cases requiring a criminal prosecution or complex Police investigation can be completed in less than 3 months) 12.4 ALLEGATIONS AGAINST STAFF / VOLUNTEERS IN WORK TERMINOLOGY 12.4.1 For the purpose of these procedures a ‘worker’ is a person whose work brings them into contact with children. This includes: • Individuals working in a voluntary capacity • Agency staff • Contract workers (consultants or the self-employed) • Those working on or off site e.g. undertaking home visits • Temporary and permanent employees SET LSCB PROCEDURES 2006 297 ALLEGATIONS AGAINST PEOPLE WHO WORK WITH CHILDREN PERSPECTIVES 12.4.2 12.4.3 An allegation may require consideration from any of the following four inter-related perspectives: • Child protection enquiries by Children’s Social Care • Criminal investigation by the Police • Staff disciplinary procedures of employing agency • Complaint procedures of employing agency These procedures deal with child protection enquiries and any associated criminal investigation and complaints of poor practice and disciplinary procedures when there could be a child protection element. REPORTING CONCERNS / SUSPICIONS / ALLEGATIONS 12.4.4 Any allegation of abuse must be reported to the worker’s line manager or senior manager as described in internal agency procedures. Within a school this will be the head teacher, or in her/his absence her/his deputy. 12.4.5 If the above manager is implicated, the concern must be reported to a senior manager or designated / named person for child protection in that agency. Within a school this will be the chair of governors. 12.4.6 In either case a record of the report, which is timed, dated and includes a clear name or signature must be made. 12.4.7 The recipient of an allegation must not unilaterally determine its validity, and failure to report it in accordance with procedures is a potential disciplinary matter. 12.4.8 Any member of staff who believes allegations or suspicions which have been reported to the appropriate manager, are not being investigated properly has a responsibility to report it to a higher level in the agency or directly to the LA designated officer (or nominee). 12.4.9 The LA designated officer or her/his nominee must be told immediately and always within 1 working day of all allegations that come to the employer’s attention and appear to meet the criteria in paragraph 12.1.1, so that s/he can consult or refer to Police and Children’s Social Care as appropriate. 12.4.10 If, for any reason there are difficulties following the above procedures, whistle blowing (see 14.6) should be considered or a referral made directly to Children’s Social Care and / or the Police. 12.4.11 Need for consultation must not delay a referral, which should be in accordance with module 6 in this manual. SET LSCB PROCEDURES 2006 298 ALLEGATIONS AGAINST PEOPLE WHO WORK WITH CHILDREN INITIAL CONSIDERATION OF ALLEGATION 12.4.12 12.4.13 There are up to 4 strands in the consideration of any allegation: • A Police investigation of a possible criminal offence • Children’s Social Care enquiries / assessment about whether a child is in need of protection or services • Consideration by an employer of disciplinary action or performance management • Employer’s complaint procedures The LA designated officer (or nominee) and employer should consider whether further details are needed and whether there is evidence / information that establishes the allegation is false or unfounded. Child suffering or likely to suffer significant harm 12.4.14 If there is cause to suspect that a child is suffering or is likely to suffer significant harm, the LA designated officer (or nominee) will agree, during the initial consultation, who will make an immediate referral to Children’s Social Care. Children’s Social Care will organise a strategy / management planning meeting (see module 7 and 12.4.34 - 43). Criminal offence suspected, but significant harm threshold not reached 12.4.15 If ‘significant harm’ is not considered an issue, but a criminal offence might have been committed, the local authority designated officer (or nominee) must immediately inform CAIU, conduct discussions and share information with any other agencies involved with the child to evaluate the allegation and decide on any other action required e.g. need for disciplinary action. Children’s Social Care should be informed. Investigation by Police / enquiries by Children’s Social Care not required 12.4.16 If clear from the outset, following initial consideration or from the conclusions of the strategy / management planning meeting, that neither the Police nor Children’s Social Care need to be involved, the local authority designated officer (or nominee) should discuss the next steps with the employer. 12.4.17 This discussion must take account of any information provided by the Police and Children’s Social Care. See 12.4.50-54 for further information of options and required timescales. SET LSCB PROCEDURES 2006 299 ALLEGATIONS AGAINST PEOPLE WHO WORK WITH CHILDREN MANAGING ISSUES RELATING TO THE SUBJECT OF THE ALLEGATIONS Information & support 12.4.18 The employer should inform the worker (who is the subject of allegations) as soon as possible, after consulting the LA designated officer (or nominee). The designated officer (or nominee) should always first consult the Police / Children’s Social Care if either agency is likely to be involved or a strategy discussion / management planning meeting needed, in order to agree what information can be disclosed (see 12.4.34 – 43). 12.4.19 The subject of the allegations should be: 12.4.20 • Advised at the outset to contact her/his Union or professional association or seek other relevant advice e.g. from the CAB or a solicitor • Treated fairly and honestly and helped to understand the concerns expressed, processes involved and the possible outcomes • Kept informed of the progress of the case and of the investigation • Clearly informed of the outcome of any investigation and the implications for disciplinary or related processes. • Provided with appropriate support during the case (via occupational health or employee welfare arrangements where these exist) • Be kept informed about workplace developments if suspended If a suspended person is to return to work, the employer should consider appropriate help / support e.g. phased return and/or provision of a mentor and how to manage the person’s contact with any child/ren who made the allegation. Suspension 12.4.21 A decision to suspend or temporarily re-deploy staff is made without prejudice and rests with the employing agency (school governing body in the case of a school). 12.4.22 Suspension should not be automatic, but it should be considered in any case where: • Not to suspend may continue or increase the risk of significant harm for any child or • Not to suspend may hamper investigations or • The allegation warrants investigation by the Police, or • The allegation is so serious that it might be grounds for dismissal SET LSCB PROCEDURES 2006 300 ALLEGATIONS AGAINST PEOPLE WHO WORK WITH CHILDREN 12.4.23 If Children’s Social Care or Police are to make enquiries or investigate, the local authority designated officer (or nominee) should canvass their views on suspension and inform the employer. 12.4.24 Where suspension is not appropriate, consideration should be given to putting safeguards in place to protect the child/ren and the adult involved e.g. undertaking alternative work or the provision of additional adult support. Disciplinary procedures (see 12.4.65 - 70) Resignations & compromise agreements 12.4.25 All investigations into allegations should be completed and the outcome recorded, regardless of whether the person involved resigns her/his post, responsibilities or a position of trust, even if the person refuses to co-operate with the process. 12.4.26 ‘Compromise agreements’, where a person agrees to resign without any disciplinary action and agreed future reference, must not be used in these cases. RESPONSE BY CHILDREN’S SOCIAL CARE & POLICE CAIU General 12.4.27 The social worker or Police officer must always inform her/his line manager of any allegations received. 12.4.28 The receiving agency (CAIU or Children’s Services Social Care) must in turn alert the other agency (Children’s Social Care / CAIU) 12.4.29 In cases where the local authority designated officer (or nominee) has not been involved in the referral, s/he must be informed immediately of the concerns / allegations. 12.4.30 The organised and complex abuse procedures, if applicable (see 10.14) take priority over those detailed below. Allegations against Children’s Social Care staff 12.4.31 If an allegation is made about any staff member employed by Children’s Social Care the manager must inform the safeguarding manager and head of Children’s Social Care, who must ensure that an appropriately senior manager directs the enquiry and chairs the strategy / management planning meeting (see 12.4.34 – 43 below). SET LSCB PROCEDURES 2006 301 ALLEGATIONS AGAINST PEOPLE WHO WORK WITH CHILDREN 12.4.32 Achieving an appropriate degree of independent scrutiny over the process and an independent element in the investigation may involve: • Appointment of external independent investigator/s to supplement or replace the team and/or to oversee the process • Use of staff within the organisation who are sufficiently separate from the line management of those against whom the allegation is made e.g. child protection advisors and manager • A reciprocal arrangement with another local authority Allegations against staff working in regulated environments 12.4.33 CSCI must be notified of any action taken under the child protection procedures in any residential establishment by the registered manager. STRATEGY / MANAGEMENT PLANNING MEETING 12.4.34 Meeting participants should be sufficiently senior to contribute available information and make decisions on behalf of their agencies. It may include an employer’s representative (unless good reasons not to), ‘LA designated officer’ (or nominee), Children’s Social Care, Police, referring agency and other bodies as appropriate e.g. school, medical consultant. 12.4.35 The strategy discussion / management planning meeting should be a face-to-face meeting. However, initial enquiries and discussions may take place over the telephone. 12.4.36 All agencies concerned should share all relevant available information about the allegation, child and accused person. A strategy / management planning meeting should be arranged within 3 working days of the receipt of the allegation or concern with a core membership consisting of: 12.4.37 • 1st line manager (Essex) or service manager or child protection co-ordinator (Southend and Thurrock)) to chair the meeting • Local authority designated officer (or nominee) • Police CAIU • Senior member of the organisation of the worker concerned, but not the line manager of the subject of enquiries Depending on the circumstances additional membership may include: • Personnel / human resources representatives as appropriate (and upon invitation by the employer) • Relevant social worker and her/his manager SET LSCB PROCEDURES 2006 302 ALLEGATIONS AGAINST PEOPLE WHO WORK WITH CHILDREN • Those responsible for regulation and inspection of the unit e.g. CSCI or OfSTED, if applicable • Consultant paediatrician if sexual abuse alleged • Lead / named / designated professional for child protection for the agency in question • A representative of the other local authority if the child is placed, or alleged perpetrator is resident there • Complaints officer if the concern has arisen from a complaint, or a complaint investigation is in progress • A representative of the legal department 12.4.38 Where the representative of an agency is implicated through an accusation of collusion or failure to respond to previous complaints, it may be inappropriate for her/him to attend the strategy / management planning meeting. The chair of the meeting will have discretion about the decision. 12.4.39 The meeting (preferably with a dedicated minute taker) must: 12.4.40 • Consider the allegation and context • Review background of the alleged perpetrator, including any previous allegations • Review background of the victim, including any previous allegations • Decide whether there should be a s.47 enquiry and/or an internal disciplinary investigation • Consider the implications arising from the CAIU decision whether or not to investigate an allegation of crime • Consider, if a s.47 enquiry is appropriate, whether a complex abuse investigation is applicable • Scope and plan the s.47 enquiry • Allocate tasks • Set time-scales (see 12.3.14) • Decide who to inform The meeting must also: • Ensure any emergency action needed to protect a child is taken • Ensure all children who may be affected directly or indirectly are identified, considered and provided with support, including exresidents if appropriate • Consider (where relevant) which other authorities should be informed • Ensure the investigation is sufficiently independent SET LSCB PROCEDURES 2006 303 ALLEGATIONS AGAINST PEOPLE WHO WORK WITH CHILDREN • Make arrangements to ensure the safety of children known to the worker outside of the workplace • Make arrangements to inform child’s parents, and consider how to involve them / provide support and information during enquiries • Consider the safety of children after the enquiry • Recommend to employing agency or responsible authority any action required to protect the interests of children whilst enquiries are conducted, including staff transfer, suspension or removal (such action is the responsibility of the employing / responsible agency in the light the individual case in accordance with HR procedures agreed with Union or work place representatives) • Agree which manager within each agency will be responsible for co-ordinating the investigation • Consider the need to interview other current or ex staff members • Consider the need for individual support for any workers, including those who are the subject of allegations (e.g. local authority occupational health or employee welfare arrangements) • Consider linkage and impact on industrial relations, personnel issues, registration and complaints issues • Consider use of any record of video interviews for disciplinary purposes • Consider the future of an establishment if it is considered abuse has pervaded the whole staff group with management involvement or collusion • Consider possible claims for compensation and alert insurers • Consider notifying the chief executive / senior officer of the employing agency • Identify the information to be shared with the alleged abuser • Agree on management of any anticipated media interest 12.4.41 The strategy / management planning meeting should set a review date within 1 month of the referral being received with a view to concluding the enquiry as soon as possible. 12.4.42 In addition to the issues addressed at the first meeting, subsequent monthly meetings must also address: 12.4.43 • Progress and results of enquiries • Therapeutic and support needs of child/ren • Appropriate applications for criminal injuries compensation • Support needs of all appropriate staff • Future needs of the establishment A strategy / management planning meeting should be held at the completion of enquiries. SET LSCB PROCEDURES 2006 304 ALLEGATIONS AGAINST PEOPLE WHO WORK WITH CHILDREN CONDUCT OF ENQUIRY 12.4.44 The enquiry should take into account any signs or patterns, which could suggest the abuse may be more widespread than it appears and involves other alleged perpetrators or institutions (see 10.14 Organised & Complex Abuse). 12.4.45 During the course of the enquiries, the chair of the strategy / management planning meeting and the local authority designated officer (or nominee) must be provided with regular progress reports as agreed at the initial meeting (see also 12.3.11 - 13 Monitoring Progress) Sharing information & disciplinary purposes 12.4.46 The Police should obtain consent for information given by the victim and witnesses to be used for the purpose of disciplinary and regulatory proceedings at the time they take statements, so that information can be disclosed quickly if appropriate. This applies without regard to the outcome of the enquiry or Police investigation. 12.4.47 Social workers should adopt a similar procedure to ensure that relevant information can be passed to employers without delay. 12.4.48 If the Police / CPS decide not to charge or to administer a caution or the person is acquitted, the CAIU should pass all relevant information to the employer without delay. 12.4.49 If the person is convicted, the CAIU should also inform the employer immediately so that appropriate action can be taken. ACTION FOLLOWING S.47 ENQUIRY & / OR CRIMINAL INVESTIGATION 12.4.50 12.4.51 The Police or CPS should inform the employer and local authority designated officer (or nominee) straightaway if: • It is decided to close an investigation without charge or • It is decided not to prosecute or • A criminal investigation and any subsequent trial is complete The local authority designated officer (or nominee) and employer should discuss the next steps, which include: • No further action • Further investigation to decide how to proceed (usually undertaken by the employer, but the employer may need to commission an independent investigation, dependent on resources and the nature and complexity of the allegation) • Summary dismissal SET LSCB PROCEDURES 2006 305 ALLEGATIONS AGAINST PEOPLE WHO WORK WITH CHILDREN • Decision not to use the person’s services in the future, including where the individual is not directly employed) • Formal request to Police / children’s social care for statements / evidence that may be used for disciplinary purposes 12.4.52 The discussion should take into account Police and Children’s Social Care information, the result of any investigation or trial and the different standard of proof in disciplinary and criminal proceedings. 12.4.53 If formal disciplinary action is not required, appropriate action should be instituted within 3 working days. 12.4.54 If a disciplinary hearing is required and can be held without further investigation, the hearing should be held within 15 working days. 12.4.55 The investigating officer should aim to provide a report within 10 working days. On receipt, the employer should decide whether a disciplinary hearing is needed within 2 working days and if so it should be held within 15 working days. SUBSTANTIATED ALLEGATIONS: REFERRAL TO LIST 99, POCA LIST, OR REGULATORY BODY 12.4.56 If the allegation is substantiated and the person is dismissed or the employer ceases to use the person’s services, or the person resigns or otherwise ceases to provide her/his services, the local authority designated officer (or nominee) should discuss with the employer whether a referral to the POCA List or DfES List 99 is required, or advisable, and the form and content of such a referral. 12.4.57 The local authority designated officer (or nominee) should also advise whether it is appropriate to make a referral to a professional body or regulatory body e.g. the General Social Care Council, General Medical Council, OfSTED etc. 12.4.58 If a referral is appropriate the report should be made within 1 month of the conclusion of the case. This is usually undertaken by HR services. UNSUBSTANTIATED ALLEGATIONS 12.4.59 Where, following initial enquiries, it is concluded there is insufficient evidence to determine whether the allegation is substantiated, the chair of the strategy / management planning meeting will ensure relevant information is passed to the employing agency. The relevant senior manager of that agency will consider what further action, if any, should be taken in consultation with the local authority designated officer (or nominee). 12.4.60 The member of staff concerned must be notified in writing of the outcome. SET LSCB PROCEDURES 2006 306 ALLEGATIONS AGAINST PEOPLE WHO WORK WITH CHILDREN 12.4.61 The child and parents should also be informed of the outcome. 12.4.62 Consideration must be given to: 12.4.63 • Any support the staff member may need, particularly if returning to work following suspension e.g. phased return, mentor • The provision of support or counselling for the child, and if appropriate her/his parents, taking full account of a child’s needs if a seemingly unfounded or malicious allegation has been made • How to manage any future contact between the member of staff and the child/ren who made the allegation Staff conducting disciplinary proceedings must be informed in writing when the child protection enquiry has been concluded (see 12.4.7112.4.76 for recording of such outcomes). ACTION IN RESPECT OF UNFOUNDED ALLEGATIONS 12.4.64 If an allegation is determined to be unfounded, the employer / LA designated officer (or nominee) should consider: • Referring the matter to Children’s Social Care to determine if the child is in need or may have been abused by someone else • Asking Police to consider what action may be appropriate in the rare event an allegation was deliberately invented or malicious DISCIPLINARY PROCEDURES 12.4.65 Any disciplinary process must be clearly separated from child protection enquiries. 12.4.66 Child protection enquiries take priority over any disciplinary investigations, and will determine whether investigations can be carried out concurrently. 12.4.67 The fact that there may be insufficient evidence to support a Police investigation or prosecution should not prevent any action being taken that is necessary to safeguard a child’s welfare. 12.4.68 It may be that the allegation was prompted by inappropriate behaviour, not considered sufficiently harmful under the child protection procedures, but which may still need to be considered under the disciplinary procedures. 12.4.69 Following notification that the child protection enquiry and or criminal investigation has been concluded, staff conducting any disciplinary proceeding will have relevant information from Children’s Social Care and the CAIU made available to them. 12.4.70 All possible steps must be taken to avoid repeat interviews of a child. SET LSCB PROCEDURES 2006 307 ALLEGATIONS AGAINST PEOPLE WHO WORK WITH CHILDREN RECORDING 12.4.71 All allegations must be recorded clearly and accurately. 12.4.72 Where a child has made an allegation, a copy of the statement / record must be kept on the section of the child’s file, which is not open to disclosure, together with a written record of the outcome of any investigation. If there are related criminal or civil proceedings, records may be subject to disclosure. 12.4.73 A clear and comprehensive record must be maintained (by the employing agency) on the worker’s confidential personnel file of: • Any allegations made • How the allegation was followed up and resolved • Any action taken and decisions reached 12.4.74 A copy of this record must be provided to the member of staff concerned. 12.4.75 This record will: 12.4.76 • Enable accurate information to be provided in response to future requests for references • Provide clarification in cases where a future CRB disclosure reveals information of an allegation that did not result in a criminal conviction • Prevent unnecessary re-investigation if an allegation re-surfaces in the future In all cases (including for individuals who leave the organisation), the record should be retained at least until the individual concerned has reached normal retirement age, or for a period of 10 years from the date of the allegation (if longer). LEARNING LESSONS 12.4.77 If an allegation is substantiated, the employer should review the circumstances of the case to determine whether there are any improvements to be made to the organisation’s procedures or practice to help prevent similar events in the future. FURTHER GUIDANCE 12.4.78 See Safeguarding Children in Education DfES September 2004 and Safeguarding Children in Education: Dealing with Allegations of Abuse Against Teachers and Other Staff DfES November 2005 issued under s.175 and 157 of the Education Act 2002. SET LSCB PROCEDURES 2006 308 ALLEGATIONS AGAINST PEOPLE WHO WORK WITH CHILDREN 12.5 ALLEGATIONS AGAINST CARERS: FOSTER / SHORT-BREAK / LODGINGS & APPROVED ADOPTERS TERMINOLOGY & SCOPE 12.5.1 For the purposes of this procedure, the term ‘carer’ refers to formally approved foster carers, short break carers and supported lodgings carers. The carers may work for the local authority or work on behalf of private or voluntary organisations. 12.5.2 This procedure also covers approved adopters, where a child has been ‘placed for adoption’. PERSPECTIVES 12.5.3 An allegation may require consideration from 4 inter-related perspectives: child protection, criminal investigation, fostering or adoption panel procedures and the complaints procedure. This manual primarily addresses the child protection perspective. MAKING A REFERRAL 12.5.4 Recognition of concerns or an allegation may arise from a number of sources e.g. a report from a child or an adult within a placement, a complaint or information arising from a complaint investigation. 12.5.5 When a member of staff is suspicious of or has received allegations of abuse about a carer, or by a person living within a placement, s/he must report this to her/his line manager, who will liaise with the ‘LA designated officer’ (or nominee). 12.5.6 The recipient of an allegation should not attempt to determine its validity and failure to report it in accordance with procedures is a potential disciplinary matter. 12.5.7 If the allegation or child protection concern relates to a placement in another authority, the referral must be made to that authority and dealt with under its local child protection procedures, by liaison with the ‘LA designated officers’ (or nominees). In these instances Southend / Essex / Thurrock Children’s Social Care would be expected to fully assist the enquiry. INITIAL RESPONSE TO A REFERRAL 12.5.8 The social worker receiving the referral must inform her/his first line manager. SET LSCB PROCEDURES 2006 309 ALLEGATIONS AGAINST PEOPLE WHO WORK WITH CHILDREN 12.5.9 If the supervising social worker receives the allegation, her/his team manager must be informed and the referral passed to the team holding case responsibility for the child. 12.5.10 The relevant team manager and fostering / adoption team manager (as appropriate) must liaise and clarify if the complaint / concern / allegation falls within the criteria in 12.1.1. If so, the ‘LA designated officer’ (or nominee) must be informed. 12.5.11 If the concern does not meet the criteria of 12.1.1 or after consultation with the ‘LA designated officer’ (or nominee) it is agreed that it is not a child protection issue the case may be appropriately responded to through internal management structures e.g. there may be occasions where children are harmed in the course of managing a child’s challenging behaviour. 12.5.12 Where there are disagreements about whether or not the concern is one of child protection, this should be resolved through the ‘LA designated officer’ (or nominee) and line managers. Where there is any doubt child protection procedures should be initiated in the first instance. 12.5.13 The decision and the reasons for this decision must be clearly recorded on both the child and the carer’s files. 12.5.14 If the matter is to be considered under the child protection process Children’s Social Care must discuss the case with the Police at the first opportunity and inform them if a criminal offence may have been committed against a child. 12.5.15 The Commission for Social Care Inspection (CSCI) must be notified of any allegation against a registerable carer. 12.5.16 Other local authorities may need to be alerted e.g. if they have a child placed with the carer. 12.5.17 The manager of the team responsible for the enquiry (see below) should make an immediate assessment of the level of risk to the child/ren in placement (and any need to move them prior to the strategy meeting) in consultation with the investigating social worker, the supervising social worker and child/ren’s social worker/s and manager/s. INDEPENDENCE OF STAFF CONDUCTING THE ENQUIRY 12.5.18 The close inter-relationship between carers and Children’s Social Care and the need to ensure the investigating social worker’s independence should be taken into consideration in the allocation and management of any enquiries / investigation (see 12.4.32) SET LSCB PROCEDURES 2006 310 ALLEGATIONS AGAINST PEOPLE WHO WORK WITH CHILDREN 12.5.19 The person undertaking the enquiries must not be the child’s social worker, or a worker managed by the person with line responsibility for the child/ren. 12.5.20 In selecting the professional/s who will undertake the required enquiries, it is important to ensure that roles and relationships with respect to the person concerned, are sufficiently objective to ensure and be seen to ensure a thorough and fair process. STRATEGY / MANAGEMENT PLANNING MEETING 12.5.21 A strategy / management planning meeting should be arranged within 3 working days of the receipt of the allegation or concern. 12.5.22 Fostering / adoption staff should be informed and involved in these meetings to provide information and consider the implications for past, current and future placements, and the requirements of panel procedures. 12.5.23 The chair should be independent of operational management responsibility for the child or carer and the following should be invited: • Children’s Social Care manager to chair • Local authority designated officer (or nominee) • Police CAIU (all first strategy / management planning meetings) • Child’s social worker and manager • Supervising social worker (fostering, short breaks, adoption) and manager • Social workers for any other children in placement • Child protection advisor • CSCI representative • Relevant health and education representatives 12.5.24 The chair should decide whether to seek legal consultation, including any need to refer to the council’s insurers. 12.5.25 The strategy / management planning meeting must consider and record whether any further action is required under the 4 headings: • Child Protection • Criminal Investigation • Fostering or adoption panel procedures • Complaint procedures SET LSCB PROCEDURES 2006 311 ALLEGATIONS AGAINST PEOPLE WHO WORK WITH CHILDREN 12.5.26 12.5.27 In addition to planning enquiries in accordance with 12.4.39 -43, the meeting should consider the following issues: • The allegation and its context • The background, including any other previous allegations made against the carer/s or their family • The background of the alleged victim, including any previous allegations • Whether the child/ren remain in placement (removal of child/ren should not be an automatic course of action – the decision making should be in the context of the best interests of the child and the information available) • Other children currently living in the carer’s household, and those previously placed with the carers (including the need for strategy discussions / meetings with regard to any of these children) and what information to be given • Any proposed new placements with the carer will not be made pending the outcome of the enquiry • The status of the carers, as co-workers and individuals who have a right to be heard • Who will inform the carers of the allegation and provide information (see 12.5.38) and the timing of such actions • The support to be provided to the child/ren in the placement, including the carer’s children • The role of the supervising social worker and the fostering / adoption team and alternative sources of support for the carer (see below) • How, and when, will the parents be informed of the allegations • Whether to initiate complex abuse procedures The ‘LA designated officer’ (or nominee) should be informed of any decisions that may leave a child at risk of significant harm e.g. if any child is to remain in placement during enquiry. CONDUCTING THE ENQUIRY / INVESTIGATION 12.5.28 The s.47 enquiry and any Police investigation will take place in accordance with module 7 of this manual. 12.5.29 Enquires must be conducted in the strictest confidence so that information can be given freely without fear of victimisation and in a way that protects the rights of carers and their families. SET LSCB PROCEDURES 2006 312 ALLEGATIONS AGAINST PEOPLE WHO WORK WITH CHILDREN Informing parents and those with parental responsibility 12.5.30 Parents of relevant children should be given information about the concerns, advised on the process to be followed, and the outcomes reached. The provision of information and advice must take place in a manner that does not impede the proper exercise of the enquiry, disciplinary and investigative processes. Placements 12.5.31 No further placements of any kind will be made with the foster carers until the enquiry has been concluded. 12.5.32 The fostering / adoption service manager will need to decide on the nature of payments to be made to carers during the enquiry. Support for carers during the enquiry 12.5.33 The role of the fostering / adoption team in the provision of support should be considered at the strategy / management planning meeting, which must ensure that all involved understand the focus for the supervising social worker is the child and that s/he is unable to provide unconditional support to the carer. 12.5.34 The supervising social worker should explain her/his role to the carer and ensure that the carer is aware of and provided with other sources of support. This could be from one or more of the following: • Fostering service provider • Local Foster Care Association or • Fostering Network 12.5.35 Carers who are members of the Fostering Network have access to legal advice (see the Fostering Handbook for details). 12.5.36 Those who are not members of the Fostering Network should be advised to seek legal advice. 12.5.37 Carers must be informed that, if the allegations culminate in court proceedings, witnesses including support workers or friends may be required to give evidence. 12.5.38 During the course of the investigation carers have the right to: • Details concerning the nature of allegations (timing of this will be dependant upon CAIU and Children’s Social Care investigation) • Written contact details for the relevant managers • A written copy of the procedures being followed • A written statement about existing placements SET LSCB PROCEDURES 2006 313 ALLEGATIONS AGAINST PEOPLE WHO WORK WITH CHILDREN 12.5.39 • A written statement about financial arrangements • Make a written statement to the fostering team • An indication of the time scale for the investigation (see 12.3.14) • Details of independent support and how this may be acquired • Receive details in writing of all decisions made and actions taken The strategy / management planning meeting must identify those responsible for these actions and the relevant timescales (see 12.5.26). CONCLUSION OF ENQUIRIES 12.5.40 A strategy / management planning discussion must be held at the conclusion of an enquiry to: • Ensure all information is shared • Confirm all actions agreed in previous strategy meetings have been completed • Agree the conclusion of the enquiry i.e. the alleged abuse has taken place (papers may or may not be forwarded to the CPS); the alleged abuse has not been proven but concerns remain; there may be standards of care issues that need to be addressed; the allegation of abuse was not founded • Address whether the looked after child/ren remain or return to the placement • Address how best (if applicable) to protect any children in the home including whether or not an initial child protection conference is to be convened 12.5.41 The decisions arising from this discussion must be put in writing and placed on both the child’s and carer’s files. 12.5.42 The team manager responsible for the enquiry must ensure that within 2 weeks of the concluding strategy discussion a letter is sent to all parties, including parents and carers outlining the conclusions made and actions to be taken. A copy of this should be placed on the carer’s file. Informing the fostering / adoption panel 12.5.43 The fostering / adoption team must review the status of the carer/s within 28 days of the conclusion of the enquiry and present a review report to the fostering / adoption panel. The report will address: • The findings of the enquiry, including if a report has been forwarded to the Crown Prosecution Service • What, if any concerns remain • Whether a report has been forwarded SET LSCB PROCEDURES 2006 314 ALLEGATIONS AGAINST PEOPLE WHO WORK WITH CHILDREN • The views and experience of the carer • The views of the family placement / supervising social worker • Training issues • Any other issues relevant to an annual review • Other information relevant to the child in placement 12.5.44 This process provides the carer/s with the opportunity to reflect on their experience and consider what action they might wish to consider. They must be informed of the panel date and information on the complaints and access to files procedures. 12.5.45 Following the review, the service manager must confirm in writing to the carer/s the recommendation that will be made to the panel along with a copy of the review report. The possible recommendations are: • Immediate re-instatement of carer/s, if approval and use had been suspended • Re-assessment of the carer/s in relation to the identified concerns • Carer/s remaining on hold pending the decision of the CPS • Carer/s choosing to withdraw • Concerns are sufficiently serious to warrant termination of approval regardless of CPS decision about prosecution The panel 12.5.46 The panel must consider the following information prior to drawing its conclusions: • The review report and recommendation by supervising social worker • Any written submission by the carer/s • Minutes from any relevant child protection conference 12.5.47 Both the supervising social worker and her/his manager must attend the panel meeting. 12.5.48 The panel chair should without delay, forward the panel’s recommendations to the ‘agency decision maker’. The decision maker, informed by the panel’s conclusions, must then make her/his determination and progress it in accordance with: 12.5.49 • For foster carers, the Fostering Services Regulations 2002 • For approved adopters, the Adoption Agencies Regulations 2005 A copy of the final outcome must be sent to the service manager (fostering / adoption / family placement) for inclusion on the carer’s file. SET LSCB PROCEDURES 2006 315 ALLEGATIONS AGAINST PEOPLE WHO WORK WITH CHILDREN Support for child after the enquiry / investigation 12.5.50 The team manager responsible for the child must consider whether any additional / individual support should be offered to the child and her/his family at the end of the s.47 enquiry. Support for carer after the enquiry / investigation 12.5.51 The fostering / adoption team manager must consider whether any additional / individual support should be offered to the carer and her/his family at the end of the s.47 enquiry. 12.5.52 Following conclusion and feedback of the results of the enquiry and any investigation the supervising social worker should offer the carers the opportunity to discuss the process, including its impact on the family and future implications for provision of care. 12.5.53 Following the panel’s considerations and subsequent agency determination, a further visit should be arranged to discuss their implications with the carer/s. 12.5.54 Whatever the final outcome, carers should be offered continued advice, support and help from the fostering / adoption team, using a written agreement to define the period of time, level and quality of support. Role of the supervising social worker 12.5.55 The role of the supervising social worker should be to: • Be informed of the allegation from the outset • Attend the strategy / management planning meetings • Link with investigating social workers as to when to make contact with the carer/s • Contact the carer as determined at the strategy / management planning meeting • Ensure the carer receives appropriate information and advice (see 12.5.38) • Attend any follow up interview with the carer and her/his family, unless this is judged inappropriate OTHER LINKED PROCESSES 12.5.56 If following the conclusion of protection processes, further enquires are pursued for the purposes of the fostering panel, CSCI or a complaint investigation, they should be arranged in a way that avoids the repeated interviewing of children and other vulnerable witnesses. SET LSCB PROCEDURES 2006 316 ALLEGATIONS AGAINST PEOPLE WHO WORK WITH CHILDREN 12.5.57 Consideration must be given by the case responsible manager and the strategy / management planning meeting chair about the possibility that the circumstances may meet the criteria for a serious case review (see 14.2.25 - 33). The child protection manager must be consulted and informed of any potential cases. RECORDING 12.5.58 Any instigation and outcome of a s.47 enquiry involving a child placed with foster carers must be notified to CSCI. 12.5.59 The supervising social worker should complete a report after the panel has made its recommendation and the agency decision maker her/his qualifying determination, and this should include the following information: 12.5.60 12.5.61 • Name of foster carer/s • D.O.B. and ethnicity of foster carer/s • Address of foster carer/s • Name, d.o.b. and ethnicity of child/ren concerned • Nature of child protection enquiry, including date of allegation • Outcome/s of Panel’s recommendation i.e. immediate reinstatement of the carer / re-assessment of the carer in relation to the concerns that have been identified / the carer/s remaining on hold depending on the decision of the CPS / the carer/s choosing to withdraw / the concerns are sufficiently serious to warrant termination of approval regardless of whether there is a CPS decision to prosecute. • Agency decision and date arrived at The report, once approved by the service manager should be sent, within 7 working days of formulation of the agency’s qualifying determination to: • CSCI • Service manager for looked after children • ‘LA designated officer’ (or nominee) • The carer A copy of the report must be placed in key information in the carer’s file. SET LSCB PROCEDURES 2006 317 ALLEGATIONS AGAINST PEOPLE WHO WORK WITH CHILDREN 12.6 ADDITIONAL CONSIDERATIONS FOR ALLEGATIONS AGAINST CHILD MINDERS 12.6.1 Whenever an allegation is made against a child minder, the social worker must inform the OfSTED early years inspectors of any allegations (relating to her/his own, minded or other children) against a registered child minder, 12.6.2 A member of OfSTED staff should be invited to the strategy / management planning discussion. Her/his role will be to consider the legal implications of continued registration or cancellation. 12.6.3 The planning must include consideration of all children using the child minder, as well as the implications for any children that have used the facility in the past and the child minder’s own children. 12.6.4 The timing, method and content of information to be shared with parents of other children will be discussed and agreed at the strategy / management planning discussion. SET LSCB PROCEDURES 2006 318 RISK MANAGEMENT OF KNOWN OFFENDERS 1 3 M A N A G E M E N T O F T H O S E PRESENTING A R I S K TO C H I L D R E N 13.1 INTRODUCTION 13.1.1 LASSL (2005) ‘Identification of Individuals who Present a Risk to Children’ appended Home Office Circular 16/2005, which indicated that the use of the term ‘Schedule 1 Offender’ commonly used to describe those convicted of offences against children should be discontinued and replaced with the term ‘a person identified as presenting a risk or potential risk to children’. 13.1.2 The rationale for this advice was that: • The term ‘Schedule 1 Offender’ could be unhelpful because it defined people by their offending history rather than any ongoing risk they pose • The term is a label that lasts for life and had no review procedure, though may have been derived from a trivial childhood incident such as a fight with another child (this situation may be open to challenge as a breach of Human Rights) • Many practitioners were uncertain about which offences are included in Schedule 1 Children and Young Persons Act 1933 • There are anyway offences where the child may be an intended victim but the primary offence is not a child specific one e.g. obscene text messages, harassment etc 13.1.3 The work of the multi-agency Schedule 1 Review is continuing but advice in LASSL (2005) is that any conclusion that an individual poses a risk to children should be based on all available information including that provided by relevant agencies such as assessment of risk made by Probation, Police or Health agencies individually or via MAPPA (see 13.3). 13.1.4 A consolidated list of Schedule 1 offences provided in the above guidance is not exhaustive and should not to be used as a trigger to denote risk. The protection of children at risk of significant harm remains the responsibility of practitioners exercising professional judgement. 13.1.5 The remainder of this section provides procedures for agency responses required to those identified as presenting a risk or potential risk to children. SET LSCB PROCEDURES 2006 319 RISK MANAGEMENT OF KNOWN OFFENDERS 13.2 REGISTER OF SEXUAL OFFENDERS 13.2.1 Notification requirements of Part 2 Sexual Offences Act 2003 (known as the Sex Offenders Register) are an automatic requirement on offenders who receive a conviction or caution for certain sexual offences. 13.2.2 Notification requirements are intended to ensure that Police are informed of the whereabouts of offenders. They do not bar offenders from certain types of employment, being alone with children etc. 13.2.3 Offenders must notify the Police of certain personal details within 3 days of their conviction or caution for a relevant sexual offence (or, if they are in prison on this date, within 3 days of their release.) 13.2.4 Such an offender must then notify the Police, within 3 days, of any change to the notified details and whenever they spend 7 days or more at another address. 13.2.5 All offenders must reconfirm their details at least once every 12 months and notify the Police, 7 days in advance of any travel overseas for a period of 3 days or more. 13.2.6 The period of time that an offender must comply with these requirements depends on whether s/he received a conviction or caution and, where appropriate, the sentence received. 13.2.7 Failure to comply with these requirements is a criminal offence with a maximum penalty of 5 years’ imprisonment. 13.2.8 The Police should be contacted if staff in any agency suspect that such an offence has been committed. 13.3 MULTI-AGENCY PUBLIC PROTECTION ARRANGEMENTS (MAPPA) INTRODUCTION 13.3.1 The following procedures take full account of the requirements of the Sexual Offences Act 2003, Criminal Justice Act 2003, Criminal Justice and Courts Services Act 2000, the Human Rights Act 1998, the Crime and Disorder Act 1998 and the Data Protection Act 1998. 13.3.2 They form the basis for multi-agency information sharing and participation in MAPPA operating across Southend, Essex and Thurrock. SET LSCB PROCEDURES 2006 320 RISK MANAGEMENT OF KNOWN OFFENDERS REQUIREMENT FOR MAPPA 13.3.3 13.3.4 The Criminal Justice and Court Services Act 2000 and Criminal Justice Act 2003 require Police, Probation and Prison services (jointly comprising the ‘responsible authorities’) to establish formal arrangements for the purpose of assessing and managing risks posed by: • Relevant sexual or violent offenders, and • Other persons who by reason of offences committed by them (wherever committed) are considered by the responsible authority pose a risk of serious harm to the public The arrangements may also be used for cases that have no formal convictions where advice is sought outside MAPPA, from the professionals attending the meeting, e.g. a non convicted domestic violence perpetrator. This is considered a ‘professionals meeting’. PURPOSE OF MAPPA 13.3.5 MAPPA exist in order to: • Agree nature and level of risk posed by persons meeting the referral criteria by sharing relevant information and assessment • Produce, monitor and review risk management strategies and plans designed to reduce the risk posed • Encourage and support the involvement of all agencies and individuals (statutory and voluntary) involved in management strategies and plans • Provide information and protection for past and potential victims • Decide what information should be shared, with and by whom MAPPA LEVELS 13.3.6 MAPPA identify 3 levels at which risk is assessed and managed: • Level 1: risk management by a single agency and considered as low risk of causing serious harm • Level 2: local management by more than 1 agency using local resources (cases that are jointly managed by Police and probation are considered as level 2) • Level 3: Multi-Agency Public Protection Panels (the ‘critical few’ imminently very high risk offenders) 13.3.7 National MAPPA guidance p.34 – 37 provides further details. 13.3.8 Meetings held to consider level 2 cases are known as ‘Local Risk Management Meetings’ (LRMMs) to distinguish them from Panels (MAPPPs), which are reserved for level 3 cases. SET LSCB PROCEDURES 2006 321 RISK MANAGEMENT OF KNOWN OFFENDERS 13.3.9 ‘Relevant sexual or violent offenders’ are those: • Subject to notification requirements of Sex Offenders Act 2003 • Convicted of a sexual or violent offence by a court in England and Wales who receive a sentence of imprisonment of 12 months or more, detention in a YOI for a period of 12 months or more, detention during Her Majesty’s pleasure, detention of 12 months or more under s.91 PCC(S)A 2000 ( those under 18 convicted of certain serious offences) • Made subject of a Detention and Training Order (DTO) of 12 months or more • Made subject of a hospital or guardianship order (MHA 1983) • Persons found not guilty of a sexual or violent offence by reason of insanity or under a disability but deemed to have done the act with which they are charged and who are subject to a hospital or a guardianship order, are included in the definition as are persons subject to orders disqualifying them from working with children (CJCSA 2000 s.28 and s.29). • Any other convicted offender being supervised in the community considered to pose a significant risk of harm. MAPPA CO-ORDINATION 13.3.10 Essex MAPPA are co-ordinated and managed by the MAPPA manager, a post jointly funded by the Police and Probation Services. The post holder is based at Essex Police Headquarters. 13.3.11 The MAPPA manager’s role is to demonstrate public accountability, consistency in assessment and adherence to government expectations in relation to MAPPA. 13.3.12 It is also to quality assure the MAPPA process by confirming that assessments are supported by appropriate evidence and are defensible and proportionate. This role is important both for the appropriate level of supervision of dangerous offenders and the probity of MAPPA statistics which are published annually. Structure of MAPPA 13.3.13 13.3.14 The Essex MAPPA structure consists of 3 levels of meeting: • Level 1: Information Exchange (Risk Assessment Panel) • Level 2: Local Risk Management Meeting • Level 3: Multi Agency Public Protection Panel All offenders are initially discussed at ‘information exchange’. SET LSCB PROCEDURES 2006 322 RISK MANAGEMENT OF KNOWN OFFENDERS 13.3.15 Police, Probation and Prison services constitute the ‘responsible authority’ for MAPPA within Essex and on its behalf the MAPPA manager is responsible for convening and chairing all LRMM (level 2) and MAPPP (Level 3) meetings. 13.3.16 All MAPPA referrals are initially discussed at a level 1 information exchange / risk assessment meeting. These meetings are held monthly at each of the 6 Probation Offices (Basildon, Chelmsford, Colchester, Grays, Harlow and Southend) and are chaired by the MAPPA manager or her/his deputy. 13.3.17 Where an offender is identified at a level 1 meeting as posing a significant risk of harm and the risk management plan requires the active involvement of more than one agency, a level 2 or level 3 meeting is arranged at the relevant Probation Office. 13.3.18 Additional level 2 or level 3 meetings may be convened at short notice in response to events or receipt of information about risk which requires urgent attention. 13.3.19 Numbers involved in meetings arranged under MAPPA should be restricted to those who have a significant contribution to make and/or are at a level / rank to enable them to commit their agency to the agreed involvement in any subsequently determined risk management plan, including, where appropriate, the allocation of specific (additional) resources. 13.3.20 Representatives at meetings should include (as appropriate): • Senior probation officer (Level 2) and/or ACPO (Level 3) • DI (DIU) (Level 2) and/or DCI (F.I.B) (Level 3) • A representative from the prison service in accordance with the prison service protocol • A probation officer or other referring / supervising officer / social worker • A police officer / worker with specific responsibility for dealing with offenders subject to this protocol in the Police area (public protection officer) • The child protection co-ordinator or a representative from Children’s Social Care • A management representative or other delegated officer from the local authority housing management department. • The YOT manager or representative • A representative from Mental Health Services e.g. Criminal Justice Mental Health Team • Probation Victim Contact Unit • Probation Housing Liaison Officer SET LSCB PROCEDURES 2006 323 RISK MANAGEMENT OF KNOWN OFFENDERS 13.3.21 This list is not exhaustive but the chair must be satisfied that invitees are able to conform to expectations clarified elsewhere in this protocol regarding the confidential receipt and use of information. Duty to co-operate 13.3.22 S. 325(1-5) of the Criminal Justice Act (2003) imposes a ‘duty to cooperate’ with the MAPPA responsible authority on various organisations providing public services. Its purpose is to help strengthen the MAPPA to make defensible decisions about the management of offenders, acknowledging the crucial role in the resettlement and rehabilitation of offenders played by various governmental and other organisations. 13.3.23 The MAPPA in itself is not a legal entity but rather a set of administrative arrangements – authority and professional responsibility for action remains with the agencies involved and to this end MAPPA aims at ‘co-ordination not conglomeration’. 13.3.24 The legislation does not define the activities that the duty to cooperate involves but provides guidance to this effect. It requires ‘duty-to-co-operate agencies’ to co-operate only insofar as this is compatible with their existing statutory responsibilities. 13.3.25 It is vital different agencies respect the role provided by each other and respective professional responsibilities and limitations . 13.3.26 The 4 key roles of any agency operating within MAPPA are to: • Provide a point of contact for other agencies • Provide specific advice about the risk assessment and management of a particular offender • Provide general advice about an agency’s role and its services • Co-ordinate its approach as best as possible with other agencies AGENCIES INVOLVED IN MAPPA 13.3.27 The following agencies have a ‘duty to co-operate’ in MAPPA. Details of their respective roles and responsibilities are provided. • Youth Offending Teams (YOTS) • Jobcentre Plus • Children’s Services (Education) • Local Housing Authorities (LHAs) • Registered Social Landlords (RSLs) • Children’s Social Care • Health Agencies • Electronic Monitoring Providers SET LSCB PROCEDURES 2006 324 RISK MANAGEMENT OF KNOWN OFFENDERS INFORMATION SHARING 13.3.28 Critical concepts in terms of information sharing are those of ‘necessity’ and ‘proportionality’. There must be a pressing public need for the information and the amount of information shared must only be that necessary to achieve the purpose for which it is being shared. 13.3.29 Different MAPPA agencies may have different policies about sharing of information about offenders involved in the MAPPA process. This may especially be the case for health professionals constrained by confidentiality requirements of their professional role. The duty imposed by s.325 does not create a requirement to disclose in all cases but does provide a statutory gateway that permits disclosure when it is necessary. 13.3.30 It should be noted that s.96 of the Sexual Offences Act 2003 contains specific provision to allow the Home Secretary to make regulations on the sharing of information on registered sex offenders including those held in hospital settings. 13.3.31 Further guidance from Annex B of the NHS code of practice states that information about a patient should not be used for any purpose ‘except as originally understood by the confider’. 13.3.32 There are some cases where breach of confidentiality is justified i.e. ‘where there is an over-riding public interest’ e.g. to prevent and support detection, investigation and punishment of serious crime – defined as murder, manslaughter, rape, treason, serious public disorder, kidnapping and child abuse. 13.3.33 This can be achieved under s.60 of the Health and Social Care Act 2001 so long as whoever authorises disclosure makes a record of it, providing clear evidence of reasoning used and circumstances prevailing. Where possible, the patient should be informed if such a procedure has taken place although in some cases such disclosure might not be considered safe. 13.3.34 MAPPA meeting minutes should remain confidential and only contain information strictly relevant to matters discussed. They should only be given to those who attended and further seen by those with a duty to consider what was discussed and decided. 13.3.35 Requests for disclosure of MAPPA minutes by an offender can be made to the MAPPA manager through her/his legal representative though there are exemptions to the Data Protection Act 1998 when access can be refused. SET LSCB PROCEDURES 2006 325 RISK MANAGEMENT OF KNOWN OFFENDERS 13.3.36 A decision to refuse access for a given reason can be made by MAPPA manager, although where there is a lack of clarity about how to proceed, the responsible authority should seek legal advice. 13.3.37 Information-sharing should be in accordance with the: • Human Rights Act 1998, specifically where it refers to Article 8 of the European Convention on Human Rights which qualifies the right to respect for private and family life as follows –‘there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of …..public safety… for the prevention or detection of crime for the protection of health or morals, or for the protection of the rights and freedoms of others’ • Crime and Disorder Act 1998 (s.17) which places a duty on every local authority to ‘exercise its various functions ….with due regard to … the need to do all that it reasonably can to prevent… crime and disorder in its area’; s.115 of the above Act provides legal authority for those agencies involved in MAPPA to share information for the above purpose • Data Protection Act 1998 which allows agencies to process data held by them for their lawful purposes and duty; the assessment and management of the risk posed by sexual and violent offenders is part of that duty • Freedom of Information Act 2001 which the MAPPA process takes into consideration REFERRAL PROCESS 13.3.38 All cases falling within the definitions contained in ss.67 and 68 of the CJCSA 2000 will be notified to the MAPPA manager using the standard referral form. This also serves as the level 2 and level 3 MAPPA referral form for those cases assessed as meeting the criteria identified in the national MAPPA guidance (pp. 34 to 37). 13.3.39 For Prison and Probation Services offenders the joint prison / probation Offender Assessment System (OASys) is the principal risk assessment tool, in particular the risk of harm assessment. This Initial Assessment will trigger the need for specialist assessments. 13.3.40 The Risk Matrix 2000 is the principal tool for assessing risk of reconviction in adult male sex offenders and is used by the Police Public Protection Office to assess static risk for registered male sex offenders. 13.3.41 The Spousal Assault Risk Assessment (SARA) is the principal tool used by probation for assessing risk in cases of domestic violence. SET LSCB PROCEDURES 2006 326 RISK MANAGEMENT OF KNOWN OFFENDERS 13.3.42 Referrals under MAPPA can be made by any agency. It is essential assessments are informed by consideration of the dynamic risk factors relevant in each case. 13.3.43 Professional judgement remains an essential ingredient in all risk assessments and for this reason active participation by a range of professionals at inter-agency meetings will be a vital part of the risk assessment and management process within MAPPA. 13.3.44 The MAPPA manager or deputy will consider the appropriateness of the referral and thereafter arrange for it to be discussed at a level 1 information exchange meeting. 13.3.45 Referrals under MAPPA arising from applications to ‘approved premises’ within the county from other probation areas, where there is no local supervising officer, will be the responsibility of the hostel manager or her/his deputy. 13.3.46 It is imperative the ‘approved premises’ manager keeps the relevant ACPO and MAPPA manager informed of high risk referrals so that a local MAPPA meeting can be arranged at the earliest opportunity. MEETINGS INCLUDING REVIEWS 13.3.47 The MAPPA manager or deputy will chair all LRMM (level 2) and MAPPP (level 3) meetings. They will ensure that those required to attend are provided with relevant information as far in advance as possible to enable their full participation. 13.3.48 To ensure timely planning for release of identified prisoners, all eligible custodial cases should be referred wherever possible at least 6 months prior to expected release date. 13.3.49 For level 3 cases considered to pose imminent risk on release,12 months notice is normally required so that plans for additional resources relating to accommodation, surveillance, and community treatment may be sought. 13.3.50 The area manager for prisons has established local procedures to ensure prisoners with release addresses in the area assessed by the prison service as meeting the MAPPA criteria, are referred to the relevant lead managers. 13.3.51 This will be particularly useful in those cases where there is no statutory licence and therefore no supervising probation officer in the community. SET LSCB PROCEDURES 2006 327 RISK MANAGEMENT OF KNOWN OFFENDERS 13.3.52 At each meeting the chair will routinely draw members’ attention to the ‘confidentiality and disclosure’ statement with respect to the sharing of information. The meeting should not proceed until each member present confirms that they have read, understood and are able to comply with the expectations outlined. 13.3.53 Information copied to agencies prior to and after meetings will be sent using the most secure means available. This requires agencies to identify for the MAPPA manager how this is to be achieved. 13.3.54 For level 2 and level 3 cases, discussion will be focused on the development of a strategy to reduce the risk posed and manage the offender in the community. The templates entitled ‘LRMM’ & ‘MAPPP’ minutes will guide discussion which will include consideration of the following: • Confidentiallity and disclosure statement • Introductions and agency involvement • Statement of purpose of LRMM or MAPPP • Summary of offending history & level of risk • Minutes of previous meeting / review of risk management plan / action points • Update of matters since last meeting / information sharing / case discussion • Risk management plan • What information is to be told to the offender • Public disclosure plan • Date of review 13.3.55 If an offender is discussed at either a LRMM or a MAPPP, there is a presumption in favour of informing her/him of this and its implications. 13.3.56 This should be an open, participative process where the offender is left in no doubt as to the focus of the work and the expectations on her/him for change within it and the sanctions to be applied throughout. 13.3.57 Careful consideration should be given to this disclosure and agreement to withhold it should only be given if the interests of public safety (including the safety of staff in the various agencies with whom the offender is likely to come into contact) or the protection of victims are deemed to override such disclosure. This decision must be clearly recorded in the minutes. SET LSCB PROCEDURES 2006 328 RISK MANAGEMENT OF KNOWN OFFENDERS REFERRAL TO THE PUBLIC PROTECTION UNIT 13.3.58 Probation Circular 15/1999: ‘Early Warning Mechanism for the Release or Discharge of Potentially Dangerous Offenders’ advises that the early warning system i.e. referral to the Public Protection Unit (formerly Dangerous Offender Unit) should be triggered in those cases where there is a ‘strong risk’ that serious violent or sexual offending will be committed following release and: • The case and, in particular, accommodation plans are likely to be subject to media scrutiny • There are victim issues, e.g. fear and alarm from previous victims or an identified future target • There are concerns about probable non-compliance with the supervision plan making it likely to fail • Placement in suitable accommodation is proving very difficult VICTIM PROTECTION 13.3.59 The Probation Service has a statutory duty to consult with victims of sexual or violent offenders sentenced to imprisonment of 12 months or more to provide information and to ascertain their views regarding release conditions. 13.3.60 The duty is performed by the victim contact officer, who should be considered as a core member of any LRMM or MAPPP if there is a named victim. 13.3.61 If the case is managed by probation, the case manager should have involved the victim contact officer prior to any meeting. STRATEGIC MANAGEMENT BOARD 13.3.62 A multi-agency Strategic Management Board (SMB) oversees and reviews the operation of these arrangements and is responsible for production of the annual report as per the MAPPA guidance (pp.45 – p.51). This group also assists in organising necessary training identified under MAPPA but lead managers will be responsible for inducting new members locally. The SMB will conduct ad hoc and specifically requested individual case reviews. Lay advisors 13.3.63 Lay advisors have been appointed to assist in the MAPPA review functions and whilst not involved in operational decision making they will periodically attend LRMM or MAPPP meetings to monitor the process. They operate as full members of the SMB. SET LSCB PROCEDURES 2006 329 RISK MANAGEMENT OF KNOWN OFFENDERS POLICE NATIONAL INTELLIGENCE MODEL 13.3.64 The model highlights the need to: 13.3.65 • Plan and work in co-operation with partners to secure community safety • Manage performance and risk • Account for budgets The MAPPA process must engage effectively in accordance with the above. 13.4 DEVELOPING INTELLIGENCE ABOUT ORGANISED OR PERSISTENT OFFENDERS 13.4.1 CAIUs develop intelligence about organised or persistent offenders who pose a risk to children. 13.4.2 Each CAIU has a dedicated ‘intelligence officer’ responsible for the: • Collation and dissemination of relevant intelligence to local, area and central Police databases regarding persons likely to be committing offences against children • Initiation of proactive assessment and tasking plans regarding identified suspects and controlling or assisting with the progression of these plans within the Police • Submission of intelligence reports through the appropriate channels for action in cases where suspects are committing offences outside the Essex Police boundary • Preparation of information to be shared within MAPPA 13.5 RELEASE & TEMPORARY RELEASE OF PRISONERS CONVICTED OF OFFENCES AGAINST CHILDREN RELEASE OF PRISONERS CONVICTED OF OFFENCES AGAINST CHILDREN 13.5.1 When a prisoner convicted of offences against a child is to be released at the end of her/his sentence the director of Children’s Social Care and chief probation officer must, prior to the release date, be informed by the prison probation officer. 13.5.2 If there are children at the household where the prisoner intends to live, a s.47 enquiry must be initiated (see module 7). SET LSCB PROCEDURES 2006 330 RISK MANAGEMENT OF KNOWN OFFENDERS TEMPORARY RELEASE OR PAROLE OF PRISONERS CONVICTED OF OFFENCES AGAINST CHILDREN 13.5.3 When a prisoner convicted of offences against a child is being considered for parole or is to be released from custody on a temporary basis, the prison probation officer must, in writing inform the Director of Children’s Social Care of the area where the prisoner is expected to reside on release, with a copy sent to the Chief Probation Officer for the area concerned. 13.5.4 Where the prisoner is being considered for parole, the prison probation officer must request comments from the Director of Children’s Social Care on the prisoner’s release with particular reference to the effects which release could have upon any children at the address at which the prisoner is expected to live. 13.5.5 Probation staff must interview those living at the address to assess the home circumstances and, if appropriate authorise the provision of accommodation to the prisoner. 13.5.6 Depending on the risk involved, probation staff may conduct a home visit jointly with the Police. 13.5.7 The significance of the offence/s for any child living or likely to visit the address must be established and Children’s Social Care informed. 13.5.8 For any child identified by the probation officer as either living or likely to visit the address, the social worker must undertake an assessment of potential risk in relation to the release of the prisoner. 13.5.9 The social worker must identify in writing any child protection issues arising from the proposed release of a prisoner to a specified address and indicate any action that Children’s Social Care may need to undertake to protect the child/ren in the household. 13.5.10 The probation officer for the local area must share her/his report with the appropriate Children’s Social Care. 13.5.11 If the prisoner is to be released to an address with a child/ren, s.47 enquiries must be initiated (see module 7). ASSESSMENT OF YOUNG PEOPLE ACCUSED, FINALLY WARNED ABOUT OR CONVICTED OF OFFENCES AGAINST CHILDREN 13.5.12 These procedures should be considered along with those in 10.1, ‘Abuse by Children’. SET LSCB PROCEDURES 2006 331 RISK MANAGEMENT OF KNOWN OFFENDERS 13.5.13 There is a need to distinguish between those young people under the age of 18 who pose a significant risk to children and those who do not and where the circumstances of the offence do not indicate ongoing child protection concerns e.g. unlawful consensual sexual intercourse between children of a similar age. 13.5.14 Both the Police and the appropriate worker from YOT must notify Children’s Social Care whenever a young person is accused of, or convicted of an offence against a child (including but not limited to Schedule 1) and assess if there is immediate risk to any child/ren in the household or community. 13.5.15 The Children’s Social Care 1st line manager must decide if any immediate action is necessary to protect the children. 13.5.16 Within 10 working days of conviction, the YOT worker must: • (Where relevant) inform the young person and her/his family about the potential implications of the offence being designated under Schedule 1 • Submit a report to the child protection manager, outlining the context of the offence, available evidence, age differential between the young people, triggers to the offending, substance misuse and mental health issues • Recommend whether or not the child protection procedures should be invoked (the pre sentence report and the assessment instrument used by YOT should be attached) 13.5.17 The first line manager must consider whether a child protection enquiry or Initial Assessment should be commenced (see 7.3). 13.5.18 If the first line manager concludes further assessment is not required, a recommendation must be made to the service manager, and the resulting decision must be recorded on both Children’s Social Care and YOT files. 13.5.19 Where there are convictions for sexual offences, there may be a requirement for registration on the sex offenders’ register. In these circumstances, the YOT report and any Children’s Services assessment and recommendations will be considered via MAPPA. SET LSCB PROCEDURES 2006 332 RISK MANAGEMENT OF KNOWN OFFENDERS 13.6 IDENTIFIED OFFENDERS & OTHERS WHO MAY POSE A RISK TO CHILDREN RECOGNITION 13.6.1 Indicators of people who may pose a risk to children include: • Schedule 1 offenders, (those found guilty of an offence under Schedule 1 of the Children and Young Persons Act 1933) • Individuals known to have been cautioned / warned / reprimanded in relation to an offence against children • Individuals against whom there is a previous finding in civil proceedings e.g. Sex Offender Order or care proceedings • Those about whom there has been a previous s.47 enquiry which came to the conclusion that there had been abuse • An individual who has admitted past abuse of a child • Others whose past or present behaviour gives rise to a reason to suspect that a child may be at risk of significant harm e.g. a history of domestic violence and other serious assaults • Offenders against adults who are notified to the local authority, because the prison or Probation Services are concerned about the possible risk to children • Offenders who come to the attention of the MAPPPA (see 13.3) RESPONSE 13.6.2 On notification or discovery of a person who may pose a risk to children, Children’s Social Care must treat this information as a child protection referral. 13.6.3 A s.47 enquiry must be instigated if the person is living in a household with children, has contact with children or poses a risk to children in the area. 13.6.4 Checks (including the prison service that may hold important information) must be undertaken to establish: • Any children believed to have been abused by the individual in the past • Other children who are believed to have been in contact with the individual in the past and may therefore have been at risk • Children with whom the individual is currently in contact in a family or work / voluntary setting • Children (or groups of children) with whom the individual may seek contact, such as children attending a school located near the home of an individual known to target such children SET LSCB PROCEDURES 2006 333 RISK MANAGEMENT OF KNOWN OFFENDERS 13.6.5 All assessments of risk must consider the: 13.6.6 • Needs of the children affected • Level and pattern of abusing / offending, including that thought to have occurred but which has not led to a criminal conviction • Level of protection which is likely to be provided by other significant adults • Ability of the children to protect themselves A child protection conference must be convened if threshold criteria are met (see 7.13.6 - 7) and if any child/ren require continuing protection, therapeutic intervention or family support services. DISCLOSURE OF INFORMATION BY LOCAL AUTHORITY 13.6.7 This procedure applies when disclosure to 3rd parties of an offender / suspected offender’s previous history is being considered. 13.6.8 Subject to the conditions set out in module 3, the general presumption is that information should not normally be disclosed, except if one of the following applies: • Consent from the suspected offender / alleged offender / offender • Statutory requirements or other duty • Duty to the public 13.6.9 Legal advice should be sought if doubt exists as to lawfulness of disclosure. 13.6.10 The absence of a conviction for child abuse in a criminal court does not prevent a local authority from informing parents or carers of the potential risk posed by someone who is honestly believed on reasonable grounds to have abused other children. 13.6.11 Generally the risk assessment for disclosure of information on convicted abusers will be led by the Police and Probation Service (see MAPPA 13.3), but Children’s Social Care may need to consider the risk also of those alleged abusers who: 13.6.12 • Have been charged with an offence and the outcome is pending • Were not prosecuted because the required standard of proof did not allow for a criminal case to be pursued • Were not prosecuted but the case ‘left on file’ • Were acquitted In view of the possibility of legal challenge by the individual concerned or a future victim, all agencies must, in addition to seeking any legal advice required maintain a written audit trail of events, actions, discussions, decisions and the reasons for them. SET LSCB PROCEDURES 2006 334 RISK MANAGEMENT OF KNOWN OFFENDERS RISK ASSESSMENT 13.6.13 Prior to any decision by Children’s Social Care to disclose information, a risk assessment must be undertaken, in order to establish what risks the person poses to children in the prevailing circumstances and the risks associated with disclosure. 13.6.14 The risk assessment and management of alleged / suspected offenders will usually be through MAPPA. Children’s Social Care has a particular role to play when an individual is setting up home with a new partner who has children. 13.6.15 The risk assessment must consider both enduring and changeable factors and take account of: 13.6.16 • Nature and pattern of previous offending • Compliance with previous sentences or court orders • Proximity of potential victims • Probability that a further offence will be committed • The harm such behaviour will cause • Any behaviour indicating likelihood that s/he will re-offend • Any expert opinion e.g. psychiatric • Any other relevant information e.g. specific vulnerability of child/ren The risk assessment must also consider the following risks: • Displacing or increasing offending • Pushing an offender ‘underground’ • Potential consequences to the offender and her/his family • Potential consequences in the context of law and order • Any other operational considerations 13.6.17 Where possible, the individual should be consulted to provide information to assist the risk assessment. 13.6.18 The individual should be given the opportunity to challenge the information on which the decision to disclose is being made, and the response considered as part of the risk assessment. 13.6.19 The child protection manager and legal department must be consulted regarding the possibility of disclosure and the decision taken by the service manager, in consultation with Police and Probation at a strategy meeting. 13.6.20 If the Police do not support any planned disclosure based on the potential risk to an identified child, further legal advice must be taken. SET LSCB PROCEDURES 2006 335 RISK MANAGEMENT OF KNOWN OFFENDERS DISCLOSURE PROCESS 13.6.21 Each decision to disclose must be justified on the likelihood of harm which non-disclosure might otherwise cause and the pressing need for such a disclosure. 13.6.22 Consideration must be given to other, less intrusive methods that might achieve any required objectives: 13.6.23 13.6.24 • If the offender is supervised by Probation, the use of its powers may assist or obviate the need for disclosure • Consent to disclosure should be sought from the individual in question (unless this increases the risk to any child) • Consideration should be given to allowing the individual to make the disclosure themselves, which may be sufficient to achieve the objective e.g. promise to move to less provocative surroundings (unless this increases the risk to any child) Where a decision to disclose is agreed, the risk management process must consider at a strategy meeting: • Nature of the information to be disclosed • Extent of its distribution • Time scales • Who will disclose the information and how • Advice and guidance to be given to the recipients regarding the use they are to make of the information • Identification of a contact person identified to provide further advice and guidance to the recipient Following disclosure, the social worker, police or probation officer must note: • How seriously the child / carer took the information • The carer’s ability and plans to protect the child • The carer’s immediate plans for protection 13.7 VISIT BY CHILD TO HIGH SECURE HOSPITALS & PRISONS 13.7.1 High secure (formerly known as special hospitals) have a duty to implement child protection policies, liaise with their LSCBs, provide safe venues for children’s visits and provide nominated officers to oversee the assessment of whether visits by specific children would be in their best interests. 13.7.2 Many prisons now operate a similar system in relation to sex offenders and other dangerous offenders. SET LSCB PROCEDURES 2006 336 RISK MANAGEMENT OF KNOWN OFFENDERS 13.7.3 Children’s Social Care must assist staff in high secure hospitals to carry out their responsibilities in relation to the assessment [LAC (99) 23 amended by LAC (2000)18]. 13.7.4 With respect to visits by children to patients who have mental health difficulties and are in local non-special hospitals (including those detained under the Mental Health Act 1983), the onus for risk assessments lies with the Mental Health Trust (see 2.14.63). 13.7.5 Offenders against children, those found unfit to be tried, or not guilty by reasons of insanity, in respect of murder, manslaughter or a ‘Schedule 1 offence’ will only be eligible for a visit if within the permitted categories of relationship. 13.7.6 The nominated officer of the relevant hospital must contact a person with parental responsibility for the child to: • Seek her/his consent for the visit • Confirm the relationship of the child to the patient • Clarify who will accompany the child (must be a parent, relative, foster carer or employee of Children’s Social Care • Inform her/him of the requirement for an assessment by Children’s Services 13.7.7 A clinical assessment of the patient must be undertaken by the hospital. 13.7.8 If clinical findings are supportive of the visit and the person with parental responsibility agrees, Children’s Social Care must be asked to assess if the visit is in the child’s best interests. The clinical assessment should be provided to the local authority. ASSESSMENT WITH RESPECT TO HIGH SECURE HOSPITALS 13.7.9 13.7.10 On receiving the request for an assessment, the social worker must: • Inform the child protection manager for monitoring purposes • Contact a person with parental responsibility for the child to gain consent for the assessment The Children’s Social Care assessment should establish: • The child’s legal relationship with the named patient (only children in specified categories of relationship may visit) • The quality of the child’s relationship with the named patient, both currently and prior to hospital admission • Whether there has been past, suspected, alleged or confirmed, abuse of the child by the patient • Future risks of significant harm to the child if the visits take place SET LSCB PROCEDURES 2006 337 RISK MANAGEMENT OF KNOWN OFFENDERS • The child’s wishes and feelings about the proposed visit, taking into account her/his age and understanding • The views of those with parental responsibility and, if different, those with day to day care of the child • If it is known that the child lived in other local authority areas, what other information is known about the child and the family • The frequency of contact that would be appropriate • Who would accompany the child on visits, and the type and nature, e.g. quality and duration of relationship with the child REPORT 13.7.11 The assessment must be completed within 1 month of the referral and the report sent to the nominated officer at the hospital (copied to the child protection manager) stating whether, in the opinion of Children’s Social Care, the visit would be in the child’s best interests. 13.7.12 The decision should take account of the: • Nature (e.g. quality and duration) of child’s attachment to patient • Past abuse and/or risk of harm to the child patient • Views of the child, those with parental responsibility and those with day to day care of the child • Opinions of professionals who have knowledge of the child • Hospital’s assessment • Whether the visit is, overall, in the child’s best interests • Who will accompany the child on her/his visits 13.7.13 If the person with parental responsibility refuses to co-operate with the assessment and no information is known about the child, the nominated officer must be informed that a report cannot be provided. 13.7.14 Where the child is known to Children’s Social Care information from records may be supplied with the agreement of the person with parental responsibility. 13.7.15 If the social worker concludes that the visit would not, or may not, be in the child’s best interests then the hospital must not allow the visit. 13.7.16 If the social worker advises that the visit would be in the child’s best interests, then the hospital nominated officer should make the decision, following discussion with the social worker and after taking account of all available information. MONITORING 13.7.17 All requests for such assessments and their outcomes should be reported to the LSCB on a quarterly basis. SET LSCB PROCEDURES 2006 338 STRATEGIC MANAGEMENT 1 4 S T R AT E G I C M A N A G E M E N T 14.1 LOCAL SAFEGUARDING CHILDREN BOARD INTRODUCTION 14.1.1 The following section provides a summary of chapter 3 of the 2006 Working Together to Safeguard Children. DUTY TO ESTABLISH LSCB 14.1.2 Each Children’s Services Authority in England (of which Southend, Essex and Thurrock are examples) must establish a Local Safeguarding Children Board (LSCB) for its area on which that authority and ‘Board partners’ must be represented. 14.1.3 Each of the following is defined in s.13(3) Children Act 2004 as a ‘Board partner’ of a Children’s Services Authority: • Where the authority is a county council for an area for which there is also a district council, the district council • The chief officer of Police for a Police area any part of which falls within the area of the authority • A local probation board for an area any part of which falls within the area of the authority • A YOT for an area any part of which falls within the area of the authority • A Strategic Health Authority (SHA) and a Primary Care Trust (PCT) for an area any part of which falls within the area of the authority • An NHS trust and an NHS foundation trust all or most of whose hospitals, establishments and facilities are situated in the area of the authority • Connexions (EST for the purpose of these procedures) • CAFCASS • The governor of any secure training centre in the area of the authority (or, in the case of a contracted out secure training centre, its director) • The governor of any prison in the area of the authority which ordinarily detains children (or, in the case of a contracted out prison, its director) SET LSCB PROCEDURES 2006 339 STRATEGIC MANAGEMENT COMPOSITION 14.1.4 The Children’s Services Authority must take reasonable steps to ensure that Board includes representatives of persons and bodies prescribed by the Secretary of State in the ‘LSCB Regulations 2006’ which indicate an LSCB must include at least 1 representative of: • The authority by which it is established and • Each ‘Board partner’ of that authority 14.1.5 2 or more Board partners may be represented by the same person and the Children’s Services Authority or any other partner may have 2 or more representatives. 14.1.6 A LSCB may also include representatives of such other ‘relevant persons or bodies’ as the authority by which it is established consider, after consulting its Board partners, should be represented on it. 14.1.7 ‘Relevant persons and bodies’ are persons and bodies of any nature exercising functions or engaged in activities relating to children in the area of the authority in question, e.g.: 14.1.8 • Local schools and FE colleges • Sure Start Children’s Centres • Voluntary sector groups • NSPCC • Providers of specialist care to children with severe disabilities and complex health needs Guidance suggests there may be some other organisations / individuals where (in spite of theoretical representation by Board partners) additional effort is needed to engage them, e.g.: • G.Ps • Domestic violence forums • Dental health services • Drug and alcohol misuse services • Housing, culture and leisure services • Local authority legal services • Local Multi Agency Public Protection Arrangements (MAPPA) • Sports bodies and services • Sexual health services • Coroner • Crown Prosecution Service • Local Family Justice Council SET LSCB PROCEDURES 2006 340 STRATEGIC MANAGEMENT • Local Criminal Justice Board • Registered Social Landlords • Representatives of service users • Witness support services DUTY OF CO-OPERATION 14.1.9 In the establishment of an LSCB, the authority establishing it must co-operate with each of its Board partners and each Board partner must co-operate with the authority. 14.1.10 The effectiveness with which Board partners approach and discharge their shared responsibilities will be evaluated through the new integrated inspection arrangements. 14.1.11 2 or more Children’s Services Authorities may discharge their respective duties by establishing a LSCB for their combined area. FUNDING 14.1.12 14.1.13 Any of the following persons or bodies may make payments towards expenditure incurred by, or for purposes connected with an LSCB: • The Children’s Services Authority by which the Board is established • Any other Board member except governors of secure training centres and prisons which detain children • In a case where the governor of a secure training centre or prison is a Board partner, the Secretary of State and • In a case where the director of a contracted out secure training centre or prison is a Board partner of the authority, the contractor Those payments may be; • Direct • Contributed to a fund out of which the payments may be made • By means of provision of staff, goods, services, accommodation or other resources for purposes connected with an LSCB ACCOUNTABILITY / SENIORITY 14.1.14 Individual members of LSCBs have a duty as members to ensure / contribute to, the effective work of the Board e.g. in making its assessment of performance as objective as possible, and taking the necessary steps to put right any problems. 14.1.15 Members should be able to speak for their organisations with authority on policy and practice matters and will need to hold a strategic role in relation to safeguarding and promoting welfare of children. SET LSCB PROCEDURES 2006 341 STRATEGIC MANAGEMENT 14.1.16 Members should have the authority to hold their organisation / agency to account and precipitate / influence change where appropriate. 14.1.17 Whilst the LSCB has a role in co-ordinating and ensuring effectiveness of local individuals’ and organisations’ work to safeguard and promote the welfare of children, it is not accountable for their operational work. 14.1.18 Each Board partner retains its own existing lines of accountability for safeguarding and promoting the welfare of children by its services. CHAIRING 14.1.19 It is the responsibility of the authority which establishes an LSCB (in agreement with the Board), to appoint a chair, and guidance suggests s/he may be: • A local authority employee e.g. a Director of Children’s Services (DCS) or Chief Executive Officer (CEO) • An employee of one of the Board partners or • Independent 14.1.20 Where the chair is not a senior person from the local authority such as the Director of Children’s Services or Chief Executive Officer, s/he should be clearly accountable to the Director of Children’s Services for the effectiveness of her/his work. 14.1.21 The chair has a crucial role in making certain the Board operates effectively and in securing an independent voice for the LSCB. 14.1.22 S/he should be of sufficient standing and expertise to command the respect and support of all partners, have a firm grasp of local operational issues, and must ensure the LSCB retains its objectivity, arbitrating when necessary any conflicts of interest that might arise. OBJECTIVES & FUNCTIONS 14.1.23 14.1.24 The overall objectives of LSCBs are to: • Oversee and co-ordinate what is done by each person or body represented on the Board for the purposes of safeguarding and promoting the welfare of children in the area • Ensure the effectiveness of what is done by each such person or body for those purposes In order to achieve these objectives, the LSCB functions with respect to children in its area, are to: • Develop policies and procedures for safeguarding and promoting children’s welfare e.g. enquiries / action concerning those who SET LSCB PROCEDURES 2006 342 STRATEGIC MANAGEMENT may be at risk of harm, thresholds for intervention; provision of training; recruitment of persons to work with children; investigation of allegations about persons working with children; safety and welfare of privately fostered children; cooperation with neighbouring authorities and their Board partners • Raise awareness of the need to safeguard and promote the welfare of children and encouraging participation of persons and bodies in the area in raising awareness • Monitor and evaluate the effectiveness of what is done by the authority and its Board partners individually and collectively to safeguard and promote the welfare of children, and advise them on ways to improve • Participate in the planning of local services for children • Undertake reviews of cases where a child has died or been seriously harmed in circumstances where abuse or neglect is known or suspected and advising the authority and its Board partners on lessons to be learned 14.1.25 An LSCB may also engage in any other activity that facilitates, or is conducive to, achievement of its main objectives – see paras. 3.17 to 3.45 Working Together to Safeguard Children 2006. 14.1.26 From 01.04.08 each LSCB, must also, in relation to the deaths of any children in its area: • Put in place procedures for ensuring a co-ordinated response by the authority, Board partners and other relevant persons to an ‘unexpected’ child death • Collect and analyse information about each such death with a view to identifying any matters of concern affecting the safety and welfare of children in the area (including any case giving rise to the need for a review because abuse or neglect is known or suspected) and any general public health or safety concerns arising from deaths of such children (see 14.3 Child Death Reviews). SCOPE OF WORK 14.1.27 Working Together to Safeguard Children (chapter 3) indicates that the work of LSCBs fits within the wider context of Children’s Trust arrangements that aim to improve the overall wellbeing for all children in the local authority area by improving the 5 outcomes for children set out in Every Child Matters: • Staying safe • Being healthy • Enjoying and achieving • Making a positive contribution to society and • Achieving economic wellbeing SET LSCB PROCEDURES 2006 343 STRATEGIC MANAGEMENT 14.1.28 Whilst the work of LSCBs contributes to the wider goals of improving the wellbeing of all children, it has a particular focus on aspects of the ‘staying safe’ outcome. 14.1.29 The overall aim of LSCBs may be characterised as co-ordinating and ensuring effectiveness of what member organisations do, and to contributing to broader delivery / commissioning arrangements through the Children and Young People’s Plan (CYPP). 14.1.30 Guidance suggests that the scope of LSCBs’ role is as follows. Promotional / preventive work 14.1.31 Activity affecting all children, aiming to prevent maltreatment, or impairment of health or development, and ensure they are growing up in circumstances consistent with safe / effective care e.g.: • Mechanisms to identify abuse and neglect wherever they occur; • Work to increase understanding of safeguarding children issues in the professional and wider community, promoting the message that safeguarding is everybody’s responsibility • Work to ensure that organisations working or in contact with children operate recruitment and HR practices that take account of the need to safeguard and promote the welfare of children • Monitoring effectiveness of organisation’s implementation of their duties under s.11 Children Act 2004 • Ensuring children know who they can contact when they have concerns about their own or others’ safety and welfare • Ensuring adults (including those who are harming children) know who they can contact if they have a concern about a child SET LSCB PROCEDURES 2006 344 STRATEGIC MANAGEMENT Proactive / targeted work 14.1.32 Targeted work aiming to prevent maltreatment or impairment of health or development, and ensuring children grow up in circumstances consistent with provision of safe and effective care: • Developing / evaluating thresholds and procedures for work with families whose child has been identified as ‘in need’, but not suffering or at risk of suffering significant harm • Work to safeguard and promote the welfare of groups of children who are potentially more vulnerable than the general population, for example children living away from home (including privately fostered children) or disabled children Responsive / individual work 14.1.33 Practice based work to protect children from maltreatment or abuse of all kinds and in all settings including: • Children abused and neglected within families, including those harmed in the context of domestic violence or in consequence of substance misuse • Children abused outside families by adults known to them • Children abused and neglected by professional carers, in all settings where children are cared for away from home • Children abused by strangers • Children abused by other young people • Young perpetrators of abuse • Children abused through prostitution INDEPENDENCE 14.1.34 Whilst developing a strong working relationship with the wider strategic partnerships within a local authority, LSCBs should exercise their statutory role to co-ordinate and ensure the effectiveness of the arrangements made by organisations to safeguard and promote the welfare of children independently and objectively. 14.1.35 Boards must also be able to form a view of the quality of local activity, and challenge organisations as necessary speaking with an independent voice. To ensure that this is possible, LSCBs must have a clear and distinct identity within local governance arrangements, e.g. they should not be an operational sub-committee of a Children’s Trust Board, nor should the chairperson be an elected Member. FINANCING & STAFFING 14.1.36 To function effectively, LSCBs need to be supported by their member agencies with adequate and reliable resource. SET LSCB PROCEDURES 2006 345 STRATEGIC MANAGEMENT 14.1.37 The budget for each LSCB and the contribution made by each member agency should be agreed locally and agencies’ shared responsibility for the discharge of the LSCB’s functions entails shared responsibility for determining how the necessary resources are to be provided to support it. 14.1.38 Core contributions should be provided by the responsible local authority, health agencies and the Police. 14.1.39 Other agencies’ contributions will vary to reflect their resources and local circumstance. 14.1.40 Where an LSCB member agency provides funding, this should be committed in advance, usually into a pooled budget. 14.1.41 The Board may choose to provide funding to support engagement of some agencies particularly local voluntary or community groups. 14.1.42 Funding requirement of the LSCB will depend on its circumstances and the work it plans to undertake (which in turn depends on the division of responsibilities between the LSCB and other parts of the wider children’s trust arrangements). 14.1.43 Each LSCB will have a core minimum of work and all LSCBs will need adequate funding to carry out those tasks well. 14.1.44 Each LSCB’s resources will need to enable it to have staff to take forward its business, e.g. organising its work to co-ordinate local policies and procedures. 14.1.45 An effective LSCB needs to be staffed so that it has the capacity to: • Drive forward day to day business in achieving its objectives • Take forward any training and staff development work carried out by the LSCB, in the context of the local workforce strategy • Provide administrative and organisational support for the Board and any sub groups MONITORING & INSPECTION 14.1.46 LSCBs should ensure the effectiveness of safeguarding and promoting the welfare of children by member organisations by means of a peer review process based on: • Self evaluation • Performance indicators and • Joint audit SET LSCB PROCEDURES 2006 346 STRATEGIC MANAGEMENT 14.1.47 Where it is found a Board partner is not performing effectively in safeguarding and promoting children’s welfare, and the LSCB is not convinced any planned improvements will be adequate, the chairperson, or member / employee designated by her/him should explain these concerns to those who need be aware of the failing and may be able to take action, e.g. the most senior individual/s in the organisations, to the relevant inspectorate, and, if necessary, to the relevant government department. 14.1.48 The local inspection framework will play an important role in reinforcing the ongoing monitoring work of the LSCB. The Joint Area Review (JAR) process will take place once every 3 years, and cover all aspects of children’s services which are publicly funded. 14.1.49 Individual services will be assessed through their own quality regimes. The Annual Performance Assessment (APA) is the mechanism that will look at the contribution made by local authorities to the outcomes for children, with separate judgements on the social care and education function. 14.1.50 The APA will be based partly on performance information and selfevaluation but there will be an independent assessment by OfSTED and CSCI. These inspectorates in their other work, plus other inspectorates such as the Healthcare Commission, and Her Majesty’s Inspectorates of Constabulary, Prisons, and Probation, will have as part of their remit considering the effectiveness of their agencies’ role in safeguarding and promoting the welfare of children. The LSCB should draw on their work. 14.1.51 The LSCB also will be able to feed its views about the quality of work to safeguard and promote the welfare of children into these processes. 14.1.52 The effectiveness of the LSCB itself should also form part of the judgement of the Inspectorates, particularly through the JAR. This may be done, e.g. by examining the quality of the LSCB’s annual plan and determining whether key objectives have been met. It will be for the local authority to lead in taking action, if intervention in the LSCB’s own processes is necessary. WAYS OF WORKING Sub-groups 14.1.53 It may be appropriate for the LSCB to set up working groups or subgroups, on a short-term or a standing basis to: • Carry out specific tasks, e.g. maintaining and updating procedures and protocols, reviewing serious cases, identifying inter-agency training needs and arranging appropriate training SET LSCB PROCEDURES 2006 347 STRATEGIC MANAGEMENT • Provide specialist advice e.g. in respect of working with specific ethnic / cultural groups, or with disabled children and/or parents • Co-ordinate involvement of a sector where it is difficult for 1 person to act as an overall representative, e.g. schools, voluntary and community sector and, • Represent a defined area within the LSCB boundary 14.1.54 All groups working under the LSCB should be established by the LSCB, and should work to agreed terms of reference within the framework of the annual plan, with explicit lines of reporting, communication and accountability to the LSCB. 14.1.55 Where boundaries between local authorities, the health service and the Police are not co-terminous, it may be helpful for an LSCB to cover an area which includes more than 1 local authority area or for adjoining Boards to collaborate as far as possible on establishing common procedures and protocols and on multi agency training. Links with Children & Young People’s Partnership & local authority 14.1.56 LSCBs should contribute to, and work within, the framework established by the Children and Young People’s Strategic Partnership (CYPSP). 14.1.57 The LSCB should produce an annual plan that sets out a work programme for the forthcoming year, including measurable objectives; a detailed budget; relevant management information on activity in the course of the previous year; and progress against objectives the previous year. 14.1.58 The LSCB plan could be part of the overall CYPP, but in any case should both contribute to and derive from the framework of the CYPP, and should be endorsed by all the Board members. 14.1.59 LSCB outputs should be open to scrutiny e.g. by the local authority scrutiny committee, and/or by other local partners as well as by the inspectorates. 14.2 NOTIFICATION OF SERIOUS CHILD CARE INCIDENTS INTRODUCTION 14.2.1 LAC (2004)12 updated arrangements for provision of statutory notifications on a form supplied to each local authority, when in 2004 CSCI took over the functions of the Social Services Inspectorate (SSI) and National Care Standards Commission (NCSC). 14.2.2 Notifications with respect to children are now required about: • Possible but not yet confirmed SCRs SET LSCB PROCEDURES 2006 348 STRATEGIC MANAGEMENT • Confirmed SCRs • Death of a looked after child • Death or serious harm to a child in a children’s home • Serious harm to a child e.g. to a child who is not looked after but who is in receipt of services where the incident attracts / is likely to attract publicity or the incident raises policy issues • Conduct of a member of staff (when additional details on a separate sheet are also required) 14.2.3 In all the above cases, the ‘Notification to CSCI by the Council of a Serious Child Care Incident’ should be completed by the nominated manager and returned by post [not e-mail] addressed to the relevant Business Relationship Manager (BRM). 14.2.4 In urgent situations e.g. significant media interest, the BRM should be given advance warning by phone. SERIOUS CASE REVIEW (SCR) Introduction 14.2.5 Regulation 5(1) (e) of the LSCB Regulation 2006 (SI 2006 No. 90) requires LSCBs to instigate a serious case review (SCR) in specified circumstances. 14.2.6 ‘Working Together to Safeguard Children’ defines the circumstances in which a LSCB should initiate a SCR, and describes how it is to be conducted. Working Together is issued under s.7 Local Authority Social Services Act 1970, does not have the full force of law, but should be complied with unless local circumstances indicate exceptional reasons which justify a variation. 14.2.7 The following procedures summarise, with respect to a SCR: • Its purpose and the criteria for conducting it • The process for its initiation and subsequent conduct and • Actions consequently required of each member agency Purpose 14.2.8 The purpose of a SCR is to: • Establish whether there are lessons to be learned from a case about the way in which local professionals and agencies work together to safeguard children • Identify clearly what those lessons are, how they will be acted upon and what is expected to change as a result, and hence • Improve inter-agency working and better safeguard and promote the welfare of children SET LSCB PROCEDURES 2006 349 STRATEGIC MANAGEMENT 14.2.9 SCRs are not inquiries into how a child died or who is culpable which are matters are for Coroners’ and criminal courts respectively. Criteria for convening SCRs 14.2.10 When a child dies (including suicide) and abuse or neglect are known or suspected to be factor in the death, local agencies should consider immediately whether there are other children at risk of harm who require safeguarding e.g. siblings, others in an institution where abuse is alleged. 14.2.11 Thereafter, in such circumstances the LSCB should always conduct a SCR (regardless of whether Children’s Social Care was involved with the family). 14.2.12 The LSCB should also consider the justification for a SCR when: 14.2.13 • A child sustain a potentially life-threatening injury or serious and permanent impairment of health or development • Has been subjected to particularly serious sexual abuse or • Her/his parent has been murdered and a homicide review is being initiated • The child has been killed by a parent with a mental illness and • The case gives rise to concerns about inter-agency working to protect children In cases where the criteria of 14.2.10 are not satisfied, it will be appropriate to hold a SCR if several of the following criteria are met: • There was clear evidence of a risk of significant harm to a child which was unrecognised by organisations or individuals in contact with child or perpetrator, or not shared with others or not acted upon properly • The child was killed by a mentally ill parent • The child was abused in an institutional setting e.g. school, nursery, family centre YOI, STC ,Children’s Home or Armed Forces training establishment • The child died in a custodial setting e.g. prison, YOI, STC • The child committed suicide or died having run away from home • The child was being looked after by the local authority at the time of abuse • One or more agency or professionals consider that its concerns were not taken sufficiently seriously or acted upon appropriately by another • The case indicates that there may be failings in one or more aspect of the local operation of formal safeguarding procedures which extend beyond the handling of the case SET LSCB PROCEDURES 2006 350 STRATEGIC MANAGEMENT • The child was or had been subject of a child protection plan • The case appears to have implications for a range of agencies or professionals • The case suggests that there may be a need for the LSCB to change its protocols or procedures or that they need to be more effectively promoted, understood or acted upon 14.2.14 Where more than 1 LSCB has knowledge of a child, the LSCB for the area in which s/he was normally resident should take lead responsibility, including others in the planning and execution of the exercise. 14.2.15 In the case of a looked after child, the ‘responsible authority’ should exercise lead responsibility for conducting any review, again involving other LSCBs with an interest or involvement. 14.2.16 The relevant PCT should inform its Strategic Health Authority (SHA) of every case that becomes the subject of a SCR. Instigating a SCR 14.2.17 Any professional or agency working within the local child protection network who concludes that a case review may be required must immediately notify the chair of the LSCB, who in turn should ask the SCR panel to recommend whether or not the case should be subject of a SCR applying the criteria in 14.2.10 and 14.2.12 or 14.2.13. 14.2.18 The ‘SCR panel’ should consist of representatives of: • Children’s Social Care • Children’s Services (Education) • Health • Police 14.2.19 In some cases, it may be valuable to conduct individual management reviews, or a smaller scale audit of individual cases which give rise to concern but do not meet the criteria for a full SCR. In such cases arrangements should be made to share findings with the SCR panel. 14.2.20 The SCR panel’s decision should be fed back as a recommendation to the chair of the LSCB who has ultimate responsibility for deciding whether to conduct a SCR. Notification of SCR 14.2.21 On receipt of notification from Children’s Social Care of a SCR, CSCI will pass the information to the DfES. SET LSCB PROCEDURES 2006 351 STRATEGIC MANAGEMENT Process of SCR 14.2.22 Dedicated practice guidance is signposted via appendix 2. Accountability & disclosure 14.2.23 LSCBs should consider carefully who might have an interest in reviews – e.g. elected and appointed members of authorities, staff, members of the child’s family, the public, the media – and what information should be made available to each of these interests. The interests to balance include: • A need to maintain confidentiality in respect of personal information contained within reports on the child, family members and others • Accountability of public services and the importance of maintaining public confidence in the process of internal review • The need to secure full and open participation from the different agencies and professionals involve • The responsibility to provide relevant information to those with a legitimate interest • Constraints on sharing information when criminal proceedings are outstanding in that access to the contents of information may not be within the control of the LSCB. 14.2.24 It is important to anticipate requests for information and plan in advance how they should be met. For example, a lead agency may take responsibility for de-briefing family members, or for responding to media interest about a case, in liaison with contributing agencies and professionals. 14.2.25 In all cases, the LSCB overview report should contain an executive summary which will be made public, which includes as a minimum, information about the review process, key issues arising from the case and the recommendations which have been made. 14.2.26 Such publication will need to be timed in accordance with the conclusion of any related court proceedings. The content will need to be suitably anonymised in order to protect the confidentiality of relevant family members and others. 14.2.27 The LSCB should ensure that the SHA and CSCI are briefed so that they can work jointly to ensure the DH and DfES respectively are fully briefed in advance about the publication of the executive summary. SET LSCB PROCEDURES 2006 352 STRATEGIC MANAGEMENT Learning lessons locally 14.2.28 At least as much effort should be expended on acting upon recommendations, as on conducting the review. 14.2.29 The following suggestions may help to maximise benefit from a SCR: 14.2.30 • To the extent that this is possible, conduct the review in such a way that the process is a learning exercise in itself, rather than a trial or ordeal • Consider what information needs to be disseminated, how, and to whom, in the light of a review and be prepared to communicate examples of good practice and areas where change is required • Focus recommendations on a small number of key areas, with specific and achievable proposals for change and intended outcomes (PCTS should seek feedback from SHAs who should use it to inform their performance management role) • Put in place a means of auditing action against recommendations and intended outcomes • Seek feedback on review reports from CSCI who should use reports to inform inspections and performance management Day to day good practice can help ensure that reviews are conducted successfully and in a way most likely to maximise learning: • Establish a culture of audit and review and ensure that tragedies are not the only reason inter-agency work is reviewed • Have in place clear, systematic case recording and record keeping systems • Develop good communication and mutual understanding between different disciplines and different LSCB members • Communicate with the local community and media to raise awareness of the positive and ‘helping’ work of statutory services with children, so that attention is not focused disproportionately on tragedies • Make sure staff and their representatives understand what can be expected in the event of a child death / SCR Learning lessons nationally 14.2.31 Taken together, child death and SCRs should be an important source of information to inform national policy and practice. 14.2.32 The DfES is responsible for identifying and disseminating themes and trends across reviews and acting on policy and practice lessons. SET LSCB PROCEDURES 2006 353 STRATEGIC MANAGEMENT 14.2.33 The DfES will commission overview reports at least every 2 years, drawing out key findings of serious case reviews and their implications for policy and practice. DEATH OR SERIOUS INCIDENT IN A REGULATED SETTING 14.2.34 Other serious child care incidents that must be reported to CSCI are: • Death of a looked after child (Children Act 1989 Sch.2 para.20(1)(a), National Minimum Standards & Children’s Homes Regulations 2002 Sch 5 & Fostering Services Regulations 2002 Sch 8 • Death or serious harm to a child in a children’s home (Children’s Homes Regulations 19(2)(a) & (c), National Minimum Standards & Children’s Home Regulations 2002, Sch.5 & Fostering Services Regulations 2002 Sch 8 14.2.35 In both the above cases, notifications should be sent to CSCI and DfES. All notifications should be sent to the Residential Care Team, The Department for Education and Skills, Room 144, Wellington House, 133-155 Waterloo Road LONDON SE1 8UG. 14.2.36 Notification of the death of a looked after child should be sent to the local authority’s Business Relationship Manager (BRM) based in the relevant CSCI regional office. 14.2.37 For the death of a child in a regulated setting, notification should be sent to the local CSCI office in which the registered home is located. 14.3 CHILD DEATH REVIEWS 14.3.1 14.3.2 One of the LSCB functions in relation to the deaths of any children in its area will be (with effect from 01.04.08): • Collating and analysing information about each death with a view to identifying any case requiring a SCR, any matters of concern affecting safety and welfare of local children and any wider public health or safety concerns arising from a death / pattern of deaths • Putting in place procedures for ensuring that there is a coordinated response by the authority, its LSCB partners and other relevant persons to an unexpected death An overview panel of each LSCB should be responsible for reviewing information on all child deaths and be accountable to the LSCB chair. The LSCB should use aggregated findings from all such deaths, collected according to a nationally agreed minimum data set (being developed by the ‘Confidential Enquiry into Maternal & Child Health CEMACH at www.cemach.org.uk/child_health_enquiry1.htm SET LSCB PROCEDURES 2006 354 STRATEGIC MANAGEMENT 14.3.3 SET LSCBs will be discussing and developing their approach to these new responsibilities in the course of the next year and some or all may initiate the required service in advance of the 01.04.08 deadline. Details will be published in the next edition of these procedures scheduled for 2008. The following material offers a brief summary of the procedural approach that will be required. OVERVIEW PANEL 14.3.4 The LSCB should be informed of all deaths of children in its area. The LSCB chairperson should decide who will be the designated person to whom the death notification and other data on each death should be sent. The chairperson of the ‘overview panel’ will be responsible for ensuring that this process operates effectively. 14.3.5 Deaths should be notified by the professional confirming the fact of the child’s death. For unexpected deaths this will be at the same time as s/he informs the Coroner and the person designated by the LSCB to be notified of all children’s deaths in the area in which the child’s death occurred. 14.3.6 If this is not the area in which the child is normally resident, the designated person should inform her/his opposite number in the area where the child normally resides. It should be decided on a case-bycase basis which panel should take responsibility for gathering the necessary information for a panel’s consideration. In some cases this may be done jointly. 14.3.7 The Registrar and Office of National Statistics (ONS) respectively send a notification of each death to the local PCT and this will provide a check to ensure that all child deaths have been notified to the LSCB chairperson. Any professional (or member of the public) hearing of a local child death in circumstances e.g., while abroad, which means it may not yet be known about, can inform the chairperson of the LSCB. 14.3.8 The ‘child death overview panel’ will have a permanent core membership drawn from the key agencies represented on the LSCB although not all core members will necessarily be involved in discussing all cases. It should include a professional from public health as well as child health. 14.3.9 Other members may be co-opted either as permanent members to reflect the characteristics of the local population, e.g. a representative of a large local ethnic or religious community to provide a perspective from the independent or voluntary sector or to contribute to the discussion of certain types of death when they occur, e.g fire fighters for house fires). The overview panel will be chaired by the LSCB chairperson or her/his representative. The chairperson of the overview panel will be a member of the LSCB. SET LSCB PROCEDURES 2006 355 STRATEGIC MANAGEMENT 14.3.10 There should be a clear relationship and agreed channels of communication with the local Coronial Service. 14.3.11 The functions of the child death overview panel will include: • Implementing, in consultation with the local Coroner, local procedures and protocols which are in line with this guidance on enquiring into unexpected deaths and evaluating these together with information about all deaths in childhood • Collecting and collating an agreed minimum data set and where relevant seeking information from professionals and family members • Meeting frequently to evaluate the routinely collected data on the deaths of all children and thereby identifying lessons to be learnt or issues of concern, with a particular focus on effective interagency working to safeguard and promote the welfare of children; • Having a mechanism to evaluate specific cases in depth, where necessary, at subsequent meetings • Monitoring the appropriateness of the response of professionals to an unexpected death of a child, reviewing the reports produced by the rapid response team on each unexpected death of a child and providing them with feedback on their work. Where there is an ongoing criminal investigation, the CPS must be consulted as to what it is appropriate for the panel to be considering and what actions it might take in order not to prejudice any criminal proceedings • Referring to the chairperson of the LSCB any deaths where, on evaluating the available information, the panel considers there may be grounds to undertake further enquiries, investigations or a SCR and explore why this had not previously been recognised • Informing the chairperson of the LSCB where specific new information should be passed to the Coroner or other appropriate authorities • Providing relevant information to those professionals involved with the child’s family, so that they in turn can convey this information in a sensitive and timely manner to the family • Monitoring the support and assessment services offered to families of children who have died • Monitoring and advising the LSCB on the resources and training required locally to ensure an effective inter-agency response to child deaths • Organising and monitoring the collection of data for the nationally agreed minimum data set and make recommendations (to be approved by LSCBs) for any additional data to be collected locally SET LSCB PROCEDURES 2006 356 STRATEGIC MANAGEMENT • Identifying any public health issues and considering with the Director/s of Public Health how best to address these and their implications for both the provision of services and for training • Co-operating with regional and national initiatives e.g. the Confidential Enquiry into Maternal and Child Health (CEMACH) to identify lessons on the prevention of unexpected child deaths 14.3.12 The child death overview panel will be responsible for developing their work plan, which should be approved by the LSCB. It will prepare an annual report for the LSCB, which will have responsibility for publishing relevant, anonymised information. 14.3.13 The LSCB will take responsibility for disseminating the lessons to be learnt to all relevant agencies and acting on any recommendations to improve policy, professional practice and inter-agency working to safeguard and promote the welfare of children. 14.4 UNALLOCATED CHILD PROTECTION CASES PRIORITY STATUS 14.4.1 All child protection cases must be allocated to a named social worker and this should be awarded the highest priority in all local authorities. 14.4.2 Directors of Children’s Services are professionally accountable for ensuring that there are sufficient human resources to provide the required services and for alerting the LSCB and elected Members to any systemic inability to allocate child protection cases. 14.4.3 Any period without a named social worker arising from staff vacancies or sick leave must be kept to a minimum and monitored for purposes of local management and formal returns to the DfES. SAFEGUARDS PENDING ALLOCATION 14.4.4 All professionals relevant to the ‘outline’ or ‘agreed’ protection plan as well as family members must be informed in writing by a 1st line manager if there is no allocated social worker and advised of routine and emergency professional contact arrangements, pending allocation. 14.4.5 Unallocated cases must be: • Discussed at each allocation meeting • Reported to the child protection manager • Regularly monitored at management meetings SET LSCB PROCEDURES 2006 357 STRATEGIC MANAGEMENT The 1st line manager remains accountable for: 14.4.6 • Ensuring that any statutory or explicit duties e.g. looked after children reviews or child protection review conferences, are met, deploying duty staff as required • Resolving any immediate issues which arise in the case • Ensuring that her/his manager remains aware that a child protection case is unallocated • Ensuring that the family are kept updated • Ensuring that regular ‘duty’ visits are undertaken on unallocated child protection cases 14.5 RESOLUTION OF PROFESSIONAL DISAGREEMENT DISSENT AT ENQUIRY STAGE 14.5.1 Disagreements over the handling of concerns reported to Children’s Social Care typically occur when: • The referral is not considered to satisfy eligibility criteria for assessment • Informal advice is sought and a social worker has concluded that a referral is required • Children’s Social Care conclude that further information should be sought by the referrer before the referral is progressed • Children’s Social Care believe that an Initial Assessment can be started without invoking child protection procedures • Children’s Social Care consider that child protection procedures must be invoked • Children’s Social Care and CAIU place different interpretations on the need for a s.47 enquiry / criminal investigation • Disagreement exists about the justification for convening an initial child protection conference 14.5.2 If the professionals are unable to resolve differences through discussion and/or meeting within a time scale, which is acceptable to both of them, their disagreement must be addressed by more experienced / more senior staff. 14.5.3 With respect to most day to day difficulties this will require a Children’s Social Care first line manager liaising with her/his equivalent in the relevant agency, e.g.: • A detective sergeant in the CAIU • A senior health visitor / nurse / GP • Designated teacher SET LSCB PROCEDURES 2006 358 STRATEGIC MANAGEMENT 14.5.4 If agreement cannot be reached following discussions between the above ‘1st line’ managers (who should normally seek advice from designated/named/lead officer / child protection advisers) the issue must be referred without delay through the line management to the equivalent of service manager / detective inspector / head teacher or other designated professional. 14.5.5 Alternatively, and more commonly in health services, input may be sought directly from designated doctor or nurse in preference to use of line management. 14.5.6 Records of discussions must be maintained by all the agencies involved. DISSENT AT / ARISING FROM CHILD PROTECTION CONFERENCE 14.5.7 If the chair of a conference is unable to achieve a consensus as to registration or de-registration, s/he will make a decision and note any dissenting views. 14.5.8 The agency or individual who dissents from the chair’s decision must determine whether s/he wishes to further challenge the result. 14.5.9 In the unlikely event that the dissenting professional believes the decision reached by the chair places a child at (further) risk of significant harm, s/he should formally raise the matter with her/his agency’s designated doctor / nurse / teacher. 14.5.10 If that designated doctor / teacher / nurse concurs with the concerns of the professional, s/he should immediately alert the safeguarding manager in the local authority (in the context of a small local authority, it is acknowledged that this may on occasions, be the person who actually chaired the conference in dispute). 14.5.11 In the light of the representations made, the safeguarding manager must determine whether to: 14.5.12 • Uphold the decision reached by the conference chair or • Require that a review conference be brought forward In the unlikely event that the outcome of these alternate steps fail to satisfy the concerned professional, the issue should be put as a matter of urgency to the chair of the LSCB who can determine what further responses (if any) are a justifiable and proportionate response. DISSENT ABOUT IMPLEMENTATION OF THE PROTECTION PLAN 14.5.13 Concern or disagreement may arise over another professional’s decisions, actions or lack of actions in the implementation of the child protection plan, including core group meetings. SET LSCB PROCEDURES 2006 359 STRATEGIC MANAGEMENT 14.5.14 The line managers of the professionals involved should first address these concerns. 14.5.15 If agreement cannot be reached following discussions between the above ‘1st line’ managers, the issue must be referred without delay through the line management to the equivalent of service manager / detective inspector / head teacher or other designated professional. 14.5.16 Alternatively, and more commonly in health services, input may be sought directly from designated doctor or nurse in preference to use of line management. WHERE PROFESSIONAL DIFFERENCES REMAIN 14.5.17 If professional disagreements remain unresolved, the matter must be referred to the heads of service for each agency involved. 14.5.18 In the unlikely event that the issue is not resolved by the steps described above and/or the discussions raise significant policy issues, it may be helpful to convene a LSCB sub-committee which has the brief to consider policy and practice or serious cases. 14.6 WHISTLE BLOWING 14.6.1 Staff, through fears about repercussions, may find it difficult to raise child protection concerns about colleagues or managers. 14.6.2 Senior managers should ensure the provision of a well-publicised ‘whistle blowing’ or ‘speak out’ procedure that provides alternative methods of reporting concerns, using a direct specialist telephone line. 14.6.3 A leaflet should be available to publicise the whistle blowing procedure. This should provide information about ‘Public Concern At Work’, an independent charity whose lawyers can give free confidential advice about how to raise a concern about malpractice at work (see appendix 1 for contact numbers). 14.7 RECRUITMENT, SELECTION, SUPERVISION & TRAINING GENERAL RECRUITMENT PROCESSES 14.7.1 So as to minimise the risk of employing or engaging an individual who poses a predictable risk to them, all agencies should consider, with respect to candidates who will be working with children: • Methodically applying techniques e.g. psychometric testing which are accepted as helpful in identifying unsuitable individuals • Analysing rigorously all the information which is available about the candidate SET LSCB PROCEDURES 2006 360 STRATEGIC MANAGEMENT 14.7.2 To ensure that selectors of staff are able to successfully test candidates’ ability and experience against a clearly defined person specification each agency must offer them: • Specific training • Supervised / supported experience of recruitment • Periodic evaluation of performance CHOICE OF CANDIDATE Quality of job description & person specification 14.7.3 Agencies should develop detailed internal procedures which clarify allocation of HR tasks outlined below. 14.7.4 Job descriptions (J.D.s) and person specifications should reflect professional practice requirements. 14.7.5 All stated requirements must be expressed in terms sufficiently explicit to allow a candidate’s experience, achievements or capabilities to be evidenced. References from previous substantive employers 14.7.6 A previous employer asked for a reference should be advised in the request to take all reasonable care to ensure that her/his statement: • Is reliable and comprehensive, e.g. accurate dates of employment, CRB checks, any periods of sick leave • Is based upon an accurate assessment of an individual’s qualities (any disciplinary action, known convictions, other grounds for concern) • Focuses on the key criteria for effective performance in the specified post and • Offers a full and frank disclosure of all matters considered relevant e.g. candidate’s reason for planning to / actually leaving 14.7.7 An employer reference should also be obtained in respect of internal candidates for posts involving direct contact with children. 14.7.8 So that information of comparable weight is obtained for all candidates, references on all short-listed candidates should wherever possible be obtained prior to final selection. 14.7.9 All agencies should have explicit arrangements for provision within reasonable time-scales, of properly structured references which should ordinarily be issued in the name of the head of service (though they may be drafted by a more junior member of staff who has the necessary knowledge and experience). SET LSCB PROCEDURES 2006 361 STRATEGIC MANAGEMENT References with respect to agency staff 14.7.10 Given the proportion of staff currently engaged via specialist employment agencies, it is important that there are systems in place to ensure that only those which can offer safe selection processes are used by those organisations committed to these procedures. 14.7.11 References from any previous substantive employers should be sought as described above and requests to agencies should seek confirmation of: • The individual’s registration with the agency in period/s claimed • All assignments including dates, roles and name and address of all work places • The quantity and pattern of any absences from their assignments • Any cause for concern within the agency including any request by a client for the person to be withdrawn from an assignment which upon investigation was found to be justified 14.7.12 14.7.13 The agency should also be asked to confirm: • That it carries out appraisals of its workers and be invited to describe the most recent relevant to the role which is to be filled • The date (this must be within the last 12 months) (and CRB reference number) of the last criminal record check it sought on the individual in question • From which previous employers references were obtained and whether or not these expressed any reservations about the individual in question • If its overall selection procedures comply with the recommendations in the Warner report ‘Choosing with Care’ Essex County Council policy which is to require an agency worker to bring a copy of her/his own CRB check to the first day of assignment, offers a useful example of good practice, Selection methods 14.7.14 Interviews may usefully be underpinned by practical exercises to simulate the working environment e.g. anonymised situations (with precautions taken to ensure no unfair advantage to internal candidates). 14.7.15 Such practical exercises may include: • ‘A situation exercise’ which tests declared responses to events relevant to the post in question • ‘Submission of a prepared written exercise’ to allow a panel to prepare and deliver questions at an interview SET LSCB PROCEDURES 2006 362 STRATEGIC MANAGEMENT 14.7.16 • A ‘presentation exercise’ to test an individual’s ability to research, prepare and present a topic relevant to the post in question • ‘Psychometric tests’ – e.g. personality and/or skills based • A group exercise which simulates a relevant forum and allows observation of interaction Final interview panels should be balanced wherever possible by gender and race and may benefit from the inclusion of independent person/s as well as immediate line managers and more senior staff. CRIMINAL RECORD CHECKS 14.7.17 The Protection of Children Act 1999 (POCA) checks and referrals are handled by the ‘disclosure service’ of the Criminal Records Bureau (CRB) which provides 2 sorts of certificates of relevance to employers (standard and enhanced disclosures). One or other must be sought with respect to all candidates who seek to work with children. Standard disclosure 14.7.18 A standard disclosure is available for posts involving regular contact with children (and vulnerable adults), certain professions in health, pharmacy and the law. 14.7.19 Standard disclosures indicate if there is nothing on record or show details drawn from the Police national computer of: 14.7.20 • Spent and unspent convictions • Cautions • Formal reprimands and • Final warnings Standard disclosures are issued to the individual and copied to the body registered to seek them. Enhanced disclosures 14.7.21 Enhanced disclosures in addition to information provided by a standard disclosure may contain non-conviction information from local Police records, which a chief Police officer thinks, may be relevant to the position sought. 14.7.22 Enhanced disclosures are available for positions involving regular caring for, training, supervision or being in sole charge of children (or vulnerable adults) including staff and volunteers in schools. SET LSCB PROCEDURES 2006 363 STRATEGIC MANAGEMENT Persons prohibited from working or seeking work with under 18s 14.7.23 Both standard and enhanced disclosures will show whether under schedule 4 Criminal Justice and Courts Act 2000, the person is prohibited from working or seeking work with individuals under the age of 18 Seeking disclosures from CRB 14.7.24 For organisations registered with the CRB applications by potential employers who can provide a reference number may be made by phone on 0870 90 90 844. 14.7.25 Registered organisations with ‘payment on account status’ can order paper disclosure application forms through the registration line on 0870 90 90 822 (also available for general enquiries). 14.7.26 Requests must include name, address and date of birth of the applicant. 14.7.27 If a disclosure reveals that an applicant is prohibited from seeking or working with under 18s, it is an offence to employ her/him and the CAIU must be informed without delay of the individual’s attempt to seek employment. 14.7.28 Further information of how to apply for disclosures is available at www.crb.gov.uk Limitations of disclosures 14.7.29 Disclosures may not provide information on people convicted abroad and with respect to individuals who have little residence in the UK, caution must be exercised. 14.7.30 The CRB may be able to advise about criminal record checking overseas. 14.7.31 Occasionally, an enhanced disclosure check may result in the local Police disclosing non-conviction information to the registered body only and not to the applicant e.g. a current investigation about the individual. Such information must not be passed on to her/him. INDUCTION & REVIEW 14.7.32 For first time appointees to local authority service as well as those who have completed their probationary period in another authority or gained internal promotion, there should be a minimum of 6 months supplementary induction, supervision training and appraisal with respect to their new role. SET LSCB PROCEDURES 2006 364 STRATEGIC MANAGEMENT 14.7.33 Information gleaned from the selection process should be used to inform such induction and support. 14.7.34 Regular review meetings between the appointee and responsible manager should be convened by the manger throughout the induction period to address areas where further support, guidance and training may be required. 14.7.35 Induction for all new staff should include LSCB training requirements appropriate to their post. SUPERVISION & SUPPORT 14.7.36 Senior managers in all agencies for which this manual is relevant have a duty to ensure the provision of: • Adequate training • Clear and up to date procedures to follow • Ready access to advice, expertise and management support (including recognition of need for additional support in particular cases or circumstances) • Systems to protect staff from violence, bullying and harassment including racial harassment • Systems to recognise and respond to poor practice e.g. regular audits of cases which involve children, including those in adult and mental health teams • Complaints and whistle-blowing procedures to allow service users and staff to highlight issues for consideration and resolution • Effective staff appraisal and personal development planning • Collated information for the local LSCB about issues arising from local operational experience of child protection 14.7.37 Within all agencies which have operational responsibility for child protection services, there should be an agency policy, which defines minimum levels of formal supervision of those staff who are accountable for child protection cases. 14.7.38 Such supervision must ensure that all child protection cases are regularly discussed in supervision. 14.7.39 On some occasions – e.g. enquiries about complex abuse or allegations against colleagues, agencies should consider the provision of additional individual or group staff support. 14.7.40 Managers should develop local policies and systems to maximise staff safety and remain alert to the possibility some staff may be anxious about personal safety yet reluctant to acknowledge their concern. SET LSCB PROCEDURES 2006 365 STRATEGIC MANAGEMENT REPORTING SYSTEMS FOR UNSUITABLE STAFF 14.7.41 Each agency must have a nominated HR or service manager whose responsibilities include reporting, to the ‘disclosure service’ of the CRB / relevant professional body, any staff member who (following an enquiry) it concludes is unsuitable to work with children. 14.8 TRAINING & DEVELOPMENT FOR INTER AGENCY WORK 14.8.1 Chapter 4 of Working Together to Safeguard Children 2006 provides guidance on the training and development of staff and volunteers. 14.8.2 The above guidance explains the purpose of training for inter agency work and the roles and responsibilities of 14.8.3 • Individual agencies • Children’s Trusts and • LSCBs With the aim of ensuring the effectiveness of training provided, chapter 4 contains guidance on its: • Content for all audiences • Target audiences • Managers of specified practitioners and • Success and evaluation of quality 14.9 RECORDING THAT CHILD SUBJECT OF CHILD PROTECTION PLAN The record 14.9.1 Children’s Social Care IT systems should be capable of recording in the child’s case record when s/he is subject of a child protection plan. Each local authority’s IT system which is supporting the Integrated Children’s System (ICS) (required to be fully operational by 01.01.07) should be capable of producing a list of children resident in its area (including those placed there by another local authority or agency) considered to be at continuing risk of significant harm, and for whom there is a child protection plan. 14.9.2 The principal purpose of having that capacity is to enable agencies and professionals to be aware of those children judged to be at continuing risk. It is equally important agencies and professionals can obtain relevant information about other children known or who have been known to the local authority. Thus, agencies and professionals who have concerns should be able to obtain information about a child that is recorded on the local authority’s IT system - see www.everychildmatters.gov.uk/socialcare/ics SET LSCB PROCEDURES 2006 366 STRATEGIC MANAGEMENT 14.9.3 Legitimate enquirers e.g. Police and health professionals must be able to obtain information in and out of office hours. 14.9.4 Children should be recorded as having been abused or neglected under one or more of the categories of physical, emotional, or sexual abuse or neglect, according to a decision by the chair of the child protection conference. These categories help indicate the nature of the current concerns. Recording information in this way also allows for the collation and analysis of information locally and nationally and for its use in planning the provision of services. Categories selected should reflect all the information obtained in the course of the Initial and Core Assessment and subsequent analysis and should not just relate to one or more abusive incidents. Managing & providing information about a child 14.9.5 Each local authority should designate a manager, normally an experienced social worker, who has responsibility for: • Ensuring that records on children who have a child protection plan are kept up to date • Ensuring enquiries about children about whom there are concerns or who have child protection plans are recorded and considered in accordance with paragraph 5.158 Working Together To Safeguard Children 2006 • Managing other notifications of movements of children into or out of the local authority area such as children who have a child protection plan and looked after children • Managing notifications of people who may pose a risk of significant harm to children who are either identified with the local authority area or have moved into the local authority area and • Managing requests for checks to be made to ensure unsuitable people are prevented from working with children 14.9.6 The above manager should be accountable to the Director of Children’s Services. 14.9.7 Information on each child known to Children’s Social Care should be kept up-to-date on the ICS IT system, and the content of the child’s record should be confidential, available only to legitimate enquirers. This information should be accessible at all times to such enquirers. 14.9.8 The details of enquirers should always be checked and recorded on the system before information is provided. 14.9.9 If an enquiry is made about a child and the child’s case is open to Children’s Social Care the enquirer should be given the name of the child’s key worker and the key worker informed of this enquiry so that s/he can follow it up. SET LSCB PROCEDURES 2006 367 STRATEGIC MANAGEMENT 14.9.10 If an enquiry is made about a child at the same address as a child who is the subject of a child protection plan, this information should be sent to the key worker of the child who is the subject of the child protection plan. 14.9.11 If an enquiry is made but the child is not known to Children’s Social Care, this enquiry should be recorded on a contact sheet together with the advice given to the enquirer. 14.9.12 In the event of there being a 2nd enquiry about a child who is not known to Children’s Social Care, not only should the fact of the earlier enquiry be notified to the later enquirer, but the designated manager in Children’s Services should ensure that the local authority’s consider whether this is or may be a child in need. 14.9.13 The DfES holds lists of the names of designated managers and should be notified of any changes. SET LSCB PROCEDURES 2006 368 GLOSSARY OF TERMS GLOSSARY OF TERMS AF Assessment Framework AMHS Adult Mental Health Services ASSET An assessment instrument used by probation and YOTs BRM Business Relationship Manager CAF Common Assessment Framework CAFCASS Children & Families Courts’ Advisory & Support Service CAIU Police Child Abuse Investigation Unit CAMHS Child & Adolescent Mental Health Service CID Criminal Investigation Division CIN Child in Need CME Child Missing from Education CPC Child Protection Conference CPN Community Psychiatric Nurse CPS Crown Prosecution Service CPSU NSPCC Child Protection Sports Unit CRB Criminal Records Bureau CSCI Commission for Social Care Inspection CSU Community Safety Unit DfES Department for Education & Skills DH Department of Health DI Detective Inspector DS Detective Sergeant DTO Detention and Training Order DVHCU Police Domestic Violence and Hate Crime Unit DVLO Police Domestic Violence Liaison Office EDS Emergency Duty Service, Children’s Social Care Emergency Department Hospital A & E EPO Emergency Protection Order EWO Education Welfare Officer FME Forensic Medical Examiner FORM 78 Police form used for recording details of children who come to the attention of Police; copies are routinely passed to partner agencies HOME AUTHORITY The authority which holds case responsibility, or if not known to Children’s Social Care, where the child is living – this could be either an originating or receiving authority SET LSCB PROCEDURES 2006 369 GLOSSARY OF TERMS HOST AUTHORITY The authority where a child may be found, is visiting for a short break or in receipt of specified services e.g. education – this could be either a receiving authority without case responsibility or an entirely different authority ICS Integrated Children’s System IFA Independent Fostering Agency JOINT A shared responsibility for the conduct and decision making process of a INVESTIGATION s.47 enquiry between Police, Children’s Social Care and where appropriate other agencies LAC Looked After Child LSCB Local Safeguarding Children Board LIARMM Local Inter Agency Risk management Meeting MAPPA Multi-agency Public Protection Arrangements MERLIN A Police database MHT Mental Health Trust MISPER Police acronym for missing persons MIT Police Serious Crime Group Major Investigation Team MoD Ministry of Defence NASS National Asylum Support Service NEET Not in education, employment or training NMC Nursing & Midwifery Council NPFS Naval Personal & Family Services NSPCC National Society for the Prevention of Cruelty to Children OfSTED Office for Standards in Education OOH Out of Hours [Children’s Social Care] ORIGINATING AUTHORITY The authority where the child / family previously lived PCHR Personal Child Health Record PCT Primary Care Trust PPU Public Protection Unit PROtect A Police database PRU Pupil Referral Unit RECEIVING AUTHORITY The authority where the child / family has moved RMP Risk Management Plan SARA The Spousal Assault Risk Assessment is the principal tool used by probation for assessing risk in cases of domestic violence SET Southend, Essex & Thurrock SINGLE AGENCY Following consultation between agencies, Children’s Social Care undertaking a s.47 enquiry or Police undertaking a criminal investigation, without the other agency SET LSCB PROCEDURES 2006 370 GLOSSARY OF TERMS SMB A multi-agency Strategic Management Board (SMB) overseeing and reviewing the operation of MAPPA SMG Senior Management Group: plan and oversee complex investigations SOCO Scene of Crime Officer SSAFA-FH Soldiers, Sailors, Air Force Association – Forces Help TERRITORIAL POLICE Those who have generic or non child protection specific roles YOT Youth Offending Team SET LSCB PROCEDURES 2006 371 BIBLIOGRAPHY BIBLIOGRAPHY Achieving Best Evidence in Criminal Proceedings HO 2002 www.homeoffice.gov.uk/documents/achieving-best-evidence/guidance-witnesses.pdf?view=Binary Best practice guidance for doctors and other health professionals on the provision of advice and treatment to young people under 16 on contraception, sexual and reproductive health – DOH gateway reference 3382 Child Abuse Linked to Accusations of “Witchcraft” and “Possession” Eleanor Stobart Research Report No.750 DfES 2006 Children Act 1989 in the Context of the Human Rights Act 1998 Fergus Smith & Professor Tina Lyon Children Act Enterprises Ltd 2006 www.caeuk.org Child Protection: Fergus Smith, Edina Carmi & Professor Tina Lyon Children Act Enterprises Ltd 2006 www.caeuk.org Children & Families: Safer from Sexual Crime Home Office 2004-08-23 Children in Need and Blood-borne Viruses: HIV and Hepatitis DH January 2002 Choosing with Care – The Report of the Committee of Inquiry into the Selection, Development and Management of Staff in Children’s Homes (1992) HMSO (also referred to as Warner) Children Visiting Special Hospitals Local Authority Circular (99)23, amended LAC (2000)18 Common Assessment Framework for Children and Young People DfES www.everychildmatters.gov.uk/deliveringservices/caf Complex Child Abuse Investigations: Inter- Agency Issues, HO & DH, 2002 Confidentiality: Protecting and Providing Information GMC (2000) Confidentiality and Young People RCGP&B 2000 Dealing With Cases of Forced Marriage: Guidelines for the Police Home Office 2002 Every Child Matters www.everychildmatters.gov.uk/ Framework for the Assessment of Children in Need and their Families DOH (2000) Guidance on Paediatric Forensic Examination in Relation to Possible Child Sexual Abuse – Royal College of Paediatrics and Child Health & Association of Police Surgeons April 2002 Guidelines for GPs, Health Visitors and Midwives, Hospital Emergency Department Departments, Police Officers and Coroners’ Offices, Foundation for Study of Sudden Infant Deaths (FSID) Handling allegations of sexual offences against children LASSL (2004) 21 Hidden Harm- Responding to the needs of children of problem drug users The Advisory Council on the Misuse of Drugs (ACMD) (2003) www.drugs.gov.uk SET LSCB PROCEDURES 2006 372 BIBLIOGRAPHY Integrated Children’s System DOH (2002) www.dfes.gov.uk/childrenandfamilies/ Investigating Child Abuse and Safeguarding Children (2005) www.acpo.police.uk/policies.asp Making An Impact – Children and Domestic Violence NSPCC, Barnardos and Bristol University School for Policy Studies 1998 Medical Expert Witness Guidance from the Academy of Medical Royal Colleges (2005) www.aomrc.org.uk Police Responsibilities in Cross Border Enquiries HO 52/1988 and 36/2002 Protocol between OfSTED and Area Child Protection Committees OfSTED 2001 Safeguarding Children in Education DfES September 2004 www.teachernet.gov.uk/wholeschool/familyandcommunity/childprotection/guidance Safeguarding Children in Education: Dealing with Allegations of Abuse Against Teachers and Other Staff DfES November 2005 Safeguarding Children Involved in Prostitution, DH2000 Safeguarding Children in Whom Illness is Fabricated or Induced supplementary guidance to Working Together to Safeguard Children DH, HO, DfES Welsh Assembly Government 2002 SCIE’s briefing paper number 13 February 2005 ’Helping parents with a physical or sensory impairment in their role as parents’www.scie.org.uk. Sex and relationship Education Guidance DfEE 0116/2000 Sexual Offences Act 2003 Children Act Enterprises Ltd 2004 Fergus Smith in consultation with Paul Carr www.caeuk.org Sudden unexpected death in infancy The Royal College of Pathologists and The Royal College of Paediatrics and Child Health, September 2004 The Directions and Associated Guidance to Ashworth, Broadmoor and Rampton Hospital Authorities HSC 1999/160 The Guidance on the Visiting of Psychiatric Patients by Children HSC 1999/222: LAC (99)32 The Victoria Climbie Inquiry Report www.victoria-climbie-inquiry.org.uk/finreport/finreport.htm Trafficking Toolkit www.crimereduction.gov.uk/toolkits/ What To Do If You’re Worried A Child Is Being Abused DH, 2003 Working Together to Safeguard Children, HM Government 2006 Working within the Sexual Offences Act Home Office May 2004 SOA/4 Young people & vulnerable adults facing forced marriage: practise guidance for social workers, Foreign & Commonwealth Office, March 2004 Young people & vulnerable adults facing forced marriage: Guidance for Education Professionals, Foreign & Commonwealth Office, January 2005 SET LSCB PROCEDURES 2006 373 APPENDIX 1: CONTACT DETAILS APPENDIX 1: CONTACT DETAILS NATIONAL Child Exploitation and Online Protection Centre (CEOP) CEOP www.ceop.gov.uk provides a 24/7 single point of contact for law enforcement, industry, non government organisations and the public for reporting instances of child abuse or potential abuse in the UK – 020 7238 2628 / 2629 Child-line FREEPHONE 0800 1111 (24 hours) Children From Abroad (sources of information) The Foreign and Commonwealth Office: Tel. 0207 008 1500 The appropriate Embassy or Consulate: The London Diplomatic List, ISBN 0 11 591772 1 can be obtained from the Stationery Office on 0870 600 5522, or from FCO website www.fco.gov.uk . It contains information about all the Embassies based in London. International directory enquiries – dial 155, if address abroad known International Social Service of the UK, Cranmer House, 3rd floor, 39 Brixton Road, London SW9 6DD, Tel.: 020 7735 8941/4 Fax 7582 0696 Family Rights Group Offers specialist advice for parents involved in child protection via a free service 1-30pm – 330pm Monday to Friday on FREEPHONE 0800 731 1696 Football Association Head of Education & Child Protection: Tel: 020 7745 4909 Forced Marriage Unit Community Liaison Officer at the Forced Marriage Unit (0207 008 8706 / 0230 / 0135) provides confidential advice to victims and professionals Fostering Network E-mail [email protected] or at 87 Blackfriars Road London SE1 8HA 020 7620 6400 The Foundation For The Study Of Infant Deaths Artillery House, 11-19 Artillery Row, London SW1P 1RT 0870 787 0885 [email protected] Helpline: 0870 787 0554 Fax: 0870 787 0725 Internet Watch Foundation (www.iwf.org.uk/hotline/) acts as a focal point for removing illegal materials from the internet. SET LSCB PROCEDURES 2006 374 APPENDIX 1: CONTACT DETAILS MoD Child Protection Contacts Royal Navy All child protection matters in the Royal Navy are managed by the Naval Personal and Family Service (NPFS), the Royal Navy’s social work department which provides a confidential and professional social work service to all Naval personnel and their families, liaising as appropriate with local authority Children’s Social Care. Child protection issues involving a Royal Navy family member should be referred to the relevant Area Officer, NPFS. NPFS Eastern Area Portsmouth (02392) 722712 Fax: 725803 NPFS Northern Area Helensburgh (01436) 672798 Fax: 674965 NPFS Western Area Plymouth (01752) 555041 Fax: 555647 Royal Marines The Royal Marines Welfare Service is staffed by trained but unqualified Royal Marine senior non-commissioned officers (NCOs). They are accountable to a qualified social work manager at Headquarters Royal Marines, Portsmouth. For child protection matters involving Royal Marines families, social services departments should notify SO3 (WFS) at Portsmouth. Tel: (02392) 547542. Army Staffed by qualified civilian Social Workers and trained and supervised Army Welfare Workers, the Army Welfare Service (AWS) provides professional welfare support to Army personnel and their families. AWS also liaises with local authorities where appropriate, particularly where a child is subject to child protection concerns. Local Authorities who have any enquiries or concerns regarding safeguarding or promoting the welfare of a child from an Army Family should contact the Senior Army Welfare Worker in the nearest AWS team location or: Chief Personal Support Officer HQ AWS HQ Land Command Erskine Barracks Wilton Salisbury SP2 0AG Tel: 01722 436564 Fax: 01722 436307 e-mail [email protected] Royal Air Force Welfare Support for families in the RAF is managed as a normal function of Command and co-ordinated by each Station's Personnel Officer, the Officer Commanding Personnel Management Squadron (OCPMS) or the Officer Commanding Administrative Squadron (OCA), depending on the size of the Station. A number of qualified SSAFA Forces Help Social Workers and trained professionally supervised Personal and Family Support Workers are located throughout the UK to assist the chain of Command in providing welfare support. Any Local Authority who have any enquiries or concerns regarding safeguarding or promoting the welfare of a child from an RAF family should contact the parent's unit, or if this is not known, contact the OC PMS/OCA of the nearest RAF Unit. Additionally, the SSAFA Forces Help Head of Service RAF can be contacted at: Head of Service SSAFA-Forces Help Social Work Service RAF HQ Personnel & Training Command RAF Innsworth Gloucester GL3 1 EZ Tel: 01452 712612 ext 5815/5840 Fax: 01452 510875 or Director of Social Work SSAFA-Forces Help 19 Queen Elizabeth Street London SE1 2LP Tel: 020 7403 8783 Fax: 020 7403 8815 SET LSCB PROCEDURES 2006 375 APPENDIX 1: CONTACT DETAILS Overseas The following should be consulted: Royal Navy Area Officer (NPFS) Eastern, HMS Nelson, Queen Street, Portsmouth, PO1 3HH Tel: (02392) 722712 Fax: (02392) 725083 Army and Royal Air Force Director of Social Work SSAFA-Forces Help, contact details shown above For any child being taken abroad and subject to child protection procedures or child protection plan, the Director of Social Work SSAFA-Forces Help must be consulted, using the same contact details shown above. National Domestic Violence Helpline Tel: 0808 2000 247 NSPCC NSPCC Contact Point National Child Protection Helpline 0808 800 5000 Free textphone service 0800 056 0566 (for people who are deaf or whose hearing is impaired) Bengali/Sylehti 0800 096 7714 Gujarati 0800 096 7715 Hindi service 0800 096 7716 Punjabi service 0800 096 7717 Urdu service 0800 096 7718 Asian Helpline service in English 0800 096 7719 NSPCC Specialist Investigation Service 0207 4285660 Public Concern at Work Can give free confidential advice on how to raise a concern about malpractice at work Tel: 020 7404 6609 Stop it Now Public information and awareness raising campaign regarding child sexual abuse www.stopitnow.org.uk 0808 1000 900 Young Minds A national charity committed to improving the mental health of all children and young people www.youngminds.org.uk 0800 018 2138 SET LSCB PROCEDURES 2006 376 APPENDIX 1: CONTACT DETAILS LOCAL Social Care Access Points Southend Normal telephone enquiries/referrals: 01702 534495 By post to: First Contact Team, Southend Borough Council Department of Children and Learning, PO Box 59, Queensway House, Essex Street, Southend on Sea, Essex, SS2 5TB By fax to: 01702 611478 Custodian of the Register: 01702 534539 Essex Normal telephone enquiries/referrals: 0845 603 7627 Where there are concerns about the immediate welfare or safety of a child/young person: 0845 603 7634 (all callers) OR 0845 606 1212 (office hours number for professionals only) By email to: [email protected] By post to: Social Care Direct, Essex House, 200 The Crescent, Colchester, Essex, CO4 9YQ By fax to: 0845 601 6230 Custodian of the Register: 01245 430832 Thurrock Normal telephone enquiries/referrals: 01375 652802 By post to: IRT, Civic Offices, New Road, Grays, Essex, RM17 6TJ By fax to: 01375 652891 Custodian of the Register: 01375 652912 Out of hours (Southend and Essex) 5.30pm – 9.00am Mon – Thurs, 4.30pm Fri – 9.00am Mon & Bank holidays: 0845 606 1212 Out of hours (Thurrock) 5.30pm – 9.00am Mon – Thurs, 4.30pm Fri – 9.00am Mon & Bank holiday: 01375 652468 SET LSCB PROCEDURES 2006 377 APPENDIX 1: CONTACT DETAILS Essex Police Child Abuse Investigation Units Essex Police Headquarters 01245 491491 Chelmsford 01245 490608 Colchester 01206 762412 Rayleigh 01268 771919 Brentwood 01277 262412 Harlow 01279 641211 Dangerous Offenders Unit 01245 491491 ext. 54223 Outside of office hours contact should be made to the Information Room 01245 491491 who will refer directly to the relevant CAIU Section Officer on Duty or the on call Duty Inspector. Local NSPCC Project Offices Essex Young Abusers Project (Colchester) 01206 768333 Tilbury Children’s Project 01375 855210 Essex Young Witness Project (Colchester) 01206 543585 Southend Safe Communities Project 01702 349320 Education Safeguarding Service Essex 01245 436744 Southend 01702 534539 Thurrock 01375 652535 Essex Probation Service Contact Points Headquarters 01376 501626 Basildon 01268 412241 Chelmsford 01245 287154 Colchester 01206 768342 Grays 01375 382285 Harlow 01279 410692 Southend 01702 461641 Family Courts Unit – North 01206 540885 SET LSCB PROCEDURES 2006 378 APPENDIX 1: CONTACT DETAILS Family Courts Unit – South 01277 634232 Chelmsford Crown Court 01245 358833 Probation and Bail Hostel Basildon 01268 557550 HMP and YOI Bullwood Hall 01702 202515 HMP Chelmsford 01245 268651 ESSEX FIRE AND RESCUE SERVICE 01277 222531 Designated Paediatrician North Essex 01376 302656 South Essex 01268 593185 Designated Nurse – Safeguarding Children Mid Essex 01376 302643 North East Essex 01206 286650 South Essex 01702 577013 West Essex 01279 694940 Mental Health Trusts NEMHPT 01206 287506 SEPT 01268 564095 NHS DIRECT 0845 4647 SET LSCB PROCEDURES 2006 379 APPENDIX 2: PRACTICE GUIDANCE APPENDIX 2: PRACTICE GUIDANCE PROTOCOLS Listed below are protocols available via the LSCB websites at: Southend – www.southend.gov.uk/lscb Essex – www.escb.co.uk Thurrock – www.thurrock.gov.uk Protocols relevant to SET Body Map Drug & Alcohol misuse in Pregnancy multi-agency guidelines Protocols relevant to Southend Meetings Matrix Protocols relevant to Essex Child & Young People who go missing or runaway from home or care Protocol Definition of Meetings Serious Case Review Guidance Guide to developing a Child Protection Policy & Practice guidance for voluntary organisations Resolving Conflict between Parents & Staff (supervision in hospitals) – available January 2007 Protocols relevant to Thurrock Child in Need Plan Abusive Behaviour Panel Family Group Conferences SET LSCB PROCEDURES 2006 380 APPENDIX 3: STATUTORY FRAMEWORK APPENDIX 3: STATUTORY FRAMEWORK INTRODUCTION The following material is extracted from appendix 1 of Working Together to Safeguard Children 2006. All organisations that work with children and families share a commitment to safeguard and promote their welfare. For many agencies this is underpinned by a statutory duty or duties. Appendix 3 briefly explains the legislation most relevant to work to safeguard and promote the welfare of children. CHILDREN ACT 2004 S.10 requires each local authority to make arrangements to promote co-operation between the authority, each of the authority’s relevant partners (see the table below) and such other persons or bodies, working with children in the local authority’s area, as the authority consider appropriate. The arrangements are to be made with a view to improving the well-being of children in the authority’s area - which includes protection from harm or neglect alongside other outcomes. This section of the Children Act 2004 is the legislative basis for children’s trust arrangements. S.11 requires a range of organisations (see table) to make arrangements for ensuring that their functions, and services provided on their behalf, are discharged having regard to the need to safeguard and promote the welfare of children. S.12 enables the Secretary of State to require local authorities to establish and operate databases relating to the s.10 or s.11 duties (above) or the s.175 duty (see below), or to establish and operate databases nationally. The section limits the information that may be included in those databases and sets out which organisations can be required to, and which can be enabled to, disclose information to be included in the databases. S.13 requires a range of organisations (see table) to take part in Local Safeguarding Children Boards (LSCBs) Ss13-16 set out the framework for LSCBs, and the LSCB regulations set out the requirements in more detail in particular on LSCB functions. EDUCATION ACT 2002 S.175 puts a duty on local education authorities, maintained (state) schools, and further education institutions, including sixth form colleges, to exercise their functions with a view to safeguarding and promoting the welfare of children – children who are pupils and students under 18 years of age, in the case of schools and colleges. The same duty is put on Independent schools, including Academies, by regulations made under s.157 of that Act. SET LSCB PROCEDURES 2006 381 APPENDIX 3: STATUTORY FRAMEWORK Table: Bodies covered by key duties CA 2004 s.13 (statutory partners in LSCBs) CA 1989 s.27 (help with children in need) CA 1989 s.47 (help with enquiries about significant harm) X X X X X X X X X X X X Ed Act 2002 s.175 (duty to safeguard & promote welfare) and regulations Body (in addition to Local Authorities) CA 2004 s.10 (duty to cooperate) CA 2004 s.11 (duty to safeguard & promote welfare) District councils X X Police authority X X Chief officer of Police X X X Local probation board X X X Youth offending team X X X Strategic Health Authority X Primary Care Trust X Connexions Service X Learning and Skills Council X Special Health Authority X (as designated by the Secretary of State NHS trust X X X X NHS foundation trust X X X X SET LSCB PROCEDURES 2006 382 3: STATUTORY FRAMEWORK APPENDIX British Transport Police X Prison or secure training centre X X (which detains children) CAFCASS X Maintained schools X FE colleges X Independent schools X Contracted services X X CHILDREN ACT 1989 The Children Act 1989 places a duty on councils with social services responsibilities (CSSRs) to promote and safeguard the welfare of children in need in their area. ‘It shall be the general duty of every local authority to safeguard and promote the welfare of children within their area who are in need; and so far as is consistent with that duty, to promote the upbringing of such children by their families, by providing a range and level of services appropriate to those children’s needs’ [s.17 Children Act 1989] The primary focus of legislation about children in need is on how well they are progressing and whether development will be impaired without provision of services (s.17 (10) Children Act 1989). It also places a specific duty on other local authority services and health bodies to cooperate in the interests of children in need. S.322 Education Act 1996 obliges social services to assist the local education authority where any child has special educational needs. ‘Where it appears to a local authority that any authority / other person mentioned in subsection (3) could, by taking any specified action, help in the exercise of any of their functions under this Part, they may request their help, specifying the action in question. An authority whose help is so requested shall comply with the request if it is compatible with their own statutory or other duties and obligations and does not unduly prejudice the discharge of any of their functions. The persons are any: • Local authority • Local education authority • Local housing authority • Any health authority, special health authority, Primary Care Trust or National Health Services Trust; and • Any person authorised by the Secretary of State for the purpose of this section’ SET LSCB PROCEDURES 2006 383 APPENDIX 3: STATUTORY FRAMEWORK Under s.47 of the Children Act 1989, the same agencies are placed under a similar duty to assist local authorities in carrying out enquiries into whether or not a child is at risk of significant harm. S.47 also sets out duties for the local authority itself, around making enquiries in certain circumstances to decide whether they should take any action to safeguard or promote the welfare of a child. ‘Where a local authority are (a) informed that a child who lives, or is found, in their area is the subject of an emergency protection order, or is in Police protection; (b) have reasonable cause to suspect that a child who lives, or is found, in their area is suffering, or likely to suffer, significant harm, the authority shall make, or cause to be made, such enquiries as they consider necessary to enable them to decide whether they should take any action to safeguard or promote the child’s welfare’ [s.47(1) Children Act 1989] Under s.17 of the Children Act 1989, CSSRs carry lead responsibility for establishing whether a child is in need and for ensuring services are provided to that child as appropriate. This does not require CSSRs themselves necessarily to be the provider of such services. S.17 (5) of the Children Act 1989 enables the CSSR to make arrangements with others to provide services on their behalf. Every local authority shall facilitate the provision by others (including in particular voluntary organisations) of services which the authority have power to provide by virtue of this section, or section 18, 20, 23 or 24; and may make such arrangements as they see fit for any person to act on their behalf in the provision of any such service [s.17 (5) Children Act 1989]. Emergency protection powers (EPO) There are a range of powers available to local authorities and their statutory partners to take emergency action to safeguard children. ‘The court may make an EPO under s.44 if it is satisfied that there is reasonable cause to believe that a child is likely to suffer significant harm if s/he is not removed to accommodation or does not remain in the place in which s/he is then being accommodated An emergency protection order may also be made if s.47 enquiries are being frustrated by access to the child being unreasonably refused to a person authorized to seek access and the applicant has reasonable cause to believe that access is needed as a matter of urgency’ [s.44]. An EPO gives authority to remove a child, and places the child under the protection of the applicant for a maximum of eight days (with a possible extension of up to 7 day)’. Exclusion Requirement The court may include an exclusion requirement in an EPO or an interim care order (s.38A and 44A ) This allows a perpetrator to be removed from the home instead of having to remove the child. The Court must be satisfied that: • There is reasonable cause to believe that if the person is excluded from the home in which the child lives, the child will cease to suffer, or cease to be likely to suffer, significant harm or that enquires will cease to be frustrated; and • Another person living in the home is able and willing to give the child the care which it would be reasonable to expect a parent to give, and consents to the exclusion requirement SET LSCB PROCEDURES 2006 384 APPENDIX 3: STATUTORY FRAMEWORK Police Protection Powers Under s.46 of the Children Act 1989, where a Police officer has reasonable cause to believe that a child would otherwise be likely to suffer significant harm, s/he may: • Remove the child to suitable accommodation and keep her/him there; or • Take reasonable steps to ensure that the child’s removal from any hospital, or other place in which the child is then being accommodated is prevented. No child may be kept in Police protection for more than 72 hours HOMELESSNESS ACT 2002 Under s.12, housing authorities are required to refer homeless persons with dependent children who are ineligible for homelessness assistance or are intentionally homeless, to Children’s Social Care, as long as the person consents. If homelessness persists, any child in the family could be in need. In such cases, if Children’s Social Care decides the child’s needs would be best met by helping the family to obtain accommodation, it can ask the housing authority for reasonable assistance in this and the housing authority must respond. SET LSCB PROCEDURES 2006 385 SUBJECT INDEX SUBJECT INDEX A Absence of the key worker 191, 192 Abuse & neglect 69 Abuse by children 195 Abusive Behaviour in Children (ABC) Panel 198 Abusive Behaviour in Children Panel 200 Abusive images of children 201 Administrative arrangements for conferences 176 Adoption 93 Adult Mental Health Services 37 Adult Social Care Services 19 Adults’ Social Care 7, 96, 109 Advocacy 163 Advocate 165, 166 Agency checks 139 Alcohol 111 Allegations against carers: foster / shortbreak / lodgings & approved adopters 309 Allegations against childminders 318 Allegations against Children’s Social Care staff 301 Allegations against staff working in regulated organisations 302 Allegations of abuse by a person who works with children 293 Anonymous referral 124 Assessment Framework 122 Asylum seekers 261 Attribution of case responsibility following move 280 Attribution of responsibility for s.47 enquiries 289 B Begging 84 Belief in ‘possession’ 84 Bite marks 73 Boarding schools 92 British Association of Social Workers (BASW) Codes of Ethics [2002] 63 Bruising 72 Bullying 85, 196 Burns and scalds 73 C CAF CAFCASS SET LSCB PROCEDURES 2006 77, 122 2 Caldicott Standards 59 CAMHS 116 Chairing of conference 170 Challenges by professionals 175 Child 7 Child & Adolescent Mental Health Services (CAMHS) 36 Child abuse investigation units (CAIUs) 47 Child arriving from outside U.K. 287 Child Assessment Order (CAO) 147 Child at conference 165 Child death reviews 354 Child Education and Online Protection Centre (CEOP) 83 Child in need plan 183 Child left alone 76 Child missing from education (CME) 236 Child not made subject of a child protection plan 175 Child protection coordinator 7 Child protection enquiry 123 Child protection manager 7 Child protection plan 183, 185, 187 Child Safety Order (CSO) 106 ChildLine 45 Childminders 46 Children & Family Courts Advisory & Support Service (CAFCASS) 16 Children & Young People’s Partnership 348 Children in custody 50 Children’s homes 92 Children’s Services (Education) 7, 18 Children’s Social Care 7, 17 Children’s Social Care single agency enquiries 137 Churches 27 Common Assessment Framework 77, 122 Common Law 57 Communication difficulties 228 Complaints by service users 178 Conference record 177 Confidentiality of exchanges of information 65 Consent for paediatric assessments 148 Core assessment 130, 184, 186 Core group 184 Corporal punishment 23 Covert surveillance 215 Covert video surveillance 217 CRB checks 87 386 SUBJECT INDEX Criminal injuries compensation scheme 203 Criminal Record checks 363 Criminal Records Bureau (CRB) 363 Criteria for convening Serious Case Reviews 350 Criteria for s.47 enquiries 133 CSCI 302 CTPLD 109 Custody 95 D DAATs 40 Data Protection Act 1998 58, 65 Day care providers 46 Death of a looked after child 354 Death of child subject to a child protection plan 193 Death or serious harm to a child in a children’s home 354 Dental practitioners 37 Designated member of staff 25 Designated professionals 38 Designated professionals (PCT) 31 Diplomats families 208 Direct payments 87 Disabled children 86 Disabled parent 110 Disciplinary procedures 301, 307 Discontinuation of the child protection plan for Looked After Child 232 Discontinuing a child protection plan 173 Disputed decisions 154 Dissent at child protection conferences359 Domestic violence 89, 205 Domestic violence and hate crime unit (DVHCU) 205 Drug & Alcohol Action Teams 40 Drugs 111 E Eating disorder 116 Education services 22 Emergency Departments (EDs) 32 Emergency Duty Service 20 Emotional abuse 70, 74 Employing a personal assistant 87 Enhanced disclosures 363 EPO 139 European Convention on Human Rights 58 Exclusions of family members 167 Expected baby 113 SET LSCB PROCEDURES 2006 F Fabricated or induced illness 209 Faith communities 26 Family group conferences 123 Family Group Conferences (FGCs) 193 FE colleges 24 FE Institutions 22 Female genital mutilation 218 FGM 218 FII 210 Fire & Rescue Authority 28 First (1st) line manager 8 First line manager role 191 Foetal alcohol syndrome 113 Football Association (FA) 52 Forced marriage 90 Forced Marriage Unit (FMU) 221, 222, 224 Forced marriages 221 Foreign & Commonwealth Office 100, 266, 288 Foreign exchange visits 94 Foster carers 92 Foundation Trusts 32 Fractures 73 Freedom of Information Act 2000 65 G General Social Care Council (GSCC) Governing bodies GP Guidance 63 24 33 3 H Harassment 115 Health Professionals Council 62 Health services 28 Health visitor 35 High secure hospitals 48, 336 Historical childhood abuse 224 Home authority 289 Hospital 94 Hospital pre-discharge arrangements 225 Host authority 289 Housing authorities 40 Housing Department 287 I ICS 122 Identified offenders and others who may pose a risk to children 333 Identified officer 8 Images of abuse of children 83 Immediate protection 138 387 SUBJECT INDEX Immediate safety 78 Immigration Services 99, 288 Independent schools 26 Individuals who present a risk to children 319 Information Communication Technology 83 Information Communication Technology 201 Information for conference 168 information transfer 64 Information transmission when children and families move 279 Initial assessment 128 Initial child in need plan 182 Initial conference 156 Integrated Children’s System 122, 182 Internet 83, 202 Interpreter 122, 163 Interpreters 228 Intervention 192 Interviewing children 229 Investigative interviews 147, 230 Involving children in conferences 164 J Joint agency investigation Joint investigation group 136 241 K Key worker role L LA designated officer’/s 294 Lay advisors 329 Learning disability 107 Legal advice 139 Legal attendance at conferences 161 Leisure & library services 42 Libraries 42 Licensing authority 43 Listening to the child 78 Living away from home 92 Local Safeguarding Children Board (LSCB) 339 Looked after children 93, 231 Looked after children who are sexually exploited 252 M SET LSCB PROCEDURES 2006 N Named doctor and nurse (or midwife) 31 Named professionals 39 National Asylum Seekers Service (NASS) 99, 288 National Crime Faculty 217 National Service Framework (NSF) 28 National Society for the Prevention of Cruelty to Children See NSPCC Neglect 70, 75 NHS Direct sites 33 NHS Walk-In Centres 33 Non compliance 103 Non-Maintained Special Schools 24 NSPCC 45, 52, 82 Nursing and Midwifery Council (NMC) 62 O 189 Maintained schools Management planning meetings Medical board Membership of conference Membership of core group 185 Mental Health Services 35 Mental illness 95 Midwife 35 Migrant children 97 Missing child 232 Missing children at risk of being trafficked 268 Multi-agency public protection arrangements (MAPPA) 320 24 295 216 160 Office for Standards in Education (OFSTED) 46 Organised or complex abuse 237 Originating authority 278 Outcome of enquiries 152 Outline child protection plan 174, 186 P Paediatric assessment 147 Parental consultation 79 Parental control issues 106 Parenting Order 106 Parents and carers involvement in conferences 163 Person identified as presenting a risk, or potential risk, to children 114 Personal assistant 87 Pharmacists, optometrists 37 Physical abuse 69, 71 Physical disability 110 Physical force 23 Police 47 Police notification of domestic violence 205 Police single agency investigations 137 Policy 3 388 SUBJECT INDEX Pornography Pre-birth Pre-birth conference Pre-birth procedures Primary Care Trust (PCT) Primary Health Care Team Prison service Prisons Private fostering Probation Procedures Professional consultation Professional disageements Prostitution Public Protection Unit 83, 246 96, 113 159 243 30 33 48 44 92, 93 44 3 77 358 107, 246 329 Q Quorate conferences 162 R Racial harassment 115 Racism 115 Receiving authority 278 Reconvened conference 181 Recording of paediatric assessment 150 Recording s.47 enquiries 155 Recruitment 360 Referral 80 Referral criteria 124 Referral to List 99, POCA List, or regulatory body 306 Referrals by members of the public 82 Refugee Council 49, 99, 288 Register of sexual offenders 320 Registered social landlords (RSL) 40 Release of prisoners convicted of offences against children 330 Religious harassment 115 Resignations & compromise agreements 301 Resolution of professional disageements 358 Review conference 157 Risk assessment 152, 192 Risk assessment – s.47 intervention threshold 134 Risk indicators 71 RSPCA 49 S s.47 enquiry 123 Safeguarding & promoting the welfare of children 11 Scars 74 SET LSCB PROCEDURES 2006 School nurse 35 Schools 22 Screening referrals 125 Secure Estate for Children & Young People 50 Secure Training Centres (STCS) 52 Self harm 116 Self mutilation 116 Sensory disability 110 Serious Case Review 349 Service manager 8 Sex Offenders Register 320 Sexual abuse 70, 75 Sexual exploitation 246 Sexual Offences Act 2003 247, 254, 259, 260 Sexually Abusive Behaviour Forum 200 Sexually active children 254 Signers 228 Significant harm 68 Single & joint agency investigations 135 Social exclusion 118 Social work report 168 Social worker 8 Specialist assessments 186 Sports organisations 52 Staff safety 365 Standard disclosure 363 Strategic Health Authority (SHA) 30 Strategic Management Board 329 Strategic management group (SMG) 239 Strategy discussion 140 Strategy meeting 140 Substance misuse 111 Suicide threats and gestures 116 Supervising social worker 8 Supervision & support 365 Supporter at conferences 163 Suspension 300 T Team manager role 191 Temporary accommodation 119 Text bullying 83 The Sexual Offences Act 2003 247 Threats against staff 106 Threshold for agreeing a child protection plan 171 Threshold for allegations against those who work with children 294 Threshold for convening an initial child protection conference 156 Threshold for pre-birth conference 159 Threshold for s.47 & sexual exploitation 250 389 SUBJECT INDEX Threshold for s.47 enquiries Time-scales Timing of core group Timing of initial conference Timing of pre-birth conference Timing of review conference Trafficking Training Transfer conference Transient lifestyles 133 154 185 157 159 158 100, 261 366 160 119 U Underage sex Unexpected death of a child Urgent medical attention 254 243, 268 147 V Victim protection SET LSCB PROCEDURES 2006 329 Violence against staff 106 Visits by children to high secure hospitals 336 Visits by children to prisons 336 Visually recorded interviews 147 Voluntary agencies / groups 53 W Well being Whistle blowing Witchcraft Written records 10 360 84 190 Y Young carers Young Offender Institutions (YOI) Youth offending team (YOT) Youth services 120 51 54 54 390
