Decision to Accommodate
(Procedure(s): Decision to Look After) |
Decision to accommodated a child |
Head of Service |
Another Head of Service |
S20 Children Act 1989 Following Departmental procedures |
Care Proceedings
(Procedure(s): Decision to Look After; Legal Services Protocol) |
| Decision to apply for a Care Order |
Head of Service |
Another Head of Service |
S31 Children Act 1989
Following LPM or discussion with a legal advisor |
| Decision to endorse Initial Statement that accompanies the Application |
Head of Service |
Another Head of Service |
S31 Children Act 1989
Following requirements of the PLO |
| Decision to endorse subsequent Statements during Proceedings |
Group Manager |
Another Group Manager |
S31 Children Act 1989
Following requirements of the PLO |
| Decision to endorse Interim and Final Care Plans |
Head of Service |
Another Head of Service |
S31 Children Act 1989
Following requirements of the PLO |
| Decision to endorse the Care Plan for the Final Hearing; where an independent provider resource is required |
Assistant Director |
Head of Service (Care and Resources) |
Funding to be agreed in advance wherever possible. |
| Decision to agree to independent/expert as part of ongoing Proceedings |
Head of Service |
Head of Service (Care and Resources) |
Funding to be agreed in advance wherever possible |
| Decision to apply for a Supervision Order |
Head of Service |
Another Head of Service |
S31 Children Act 1989 |
| Decision to apply for an Emergency Protection Order |
Head of Service |
Another Head of Service |
S44 Children Act 1989 |
| Decision to apply for a Child Assessment Order |
Head of Service |
Another Head of Service |
S43 Children Act 1989 |
| Decision that further social care intervention is required at the outcome of a Section 37 report |
Head of Service |
Another Head of Service |
S37 Children Act 1989 |
| Decision to apply for discharge or variation of a Care or Supervision Order (including extension of a Supervision Order |
Group Manager (in consultation with HOS in supervision) |
|
S39 Children Act 1989 |
| Decision to discharge a child from accommodation (where the parent has not made the request) |
Group Manager |
|
Following decision at a statutory review |
| Following decision at a statutory review |
Social Worker following consultation with their Group Manager |
|
Schedule 3 para 2 Children Act 1989 |
Contact with Parents
(Procedure(s): Contact with Parents and Siblings) |
| Decision to refuse parental contact with a child subject to a Care Order for up to seven days in an emergency when it is necessary to do so in order to safeguard or promote the child's welfare |
Head of Service |
|
S34 (6) Children Act 1989 |
| Authorise contact of a LAC with parents |
Group Manager |
Another Group Manager |
"Decision on reasonable contact both direct and indirect between LAC and parents and persons with PR, siblings and significant others consistent with LAC welfare". Delegation should be "Head of Service on recommendation of LAC Review" "Guidance should be "S34(1) and Sch 2 para 15 (1) Children Act 1989" |
| Decision to apply for an Order authorising the Authority to refuse contact |
Head of Service |
Another Head of Service |
S34 (4) Children Act 1989 |
Medical Consents and Treatments
(Procedure(s): Health Care for Looked After Children) |
Medical consent for a child subject of Care Order:
Routine medical treatment |
Group Manager |
Another Group Manager |
Consent to be recorded in the Placement Information Record, signed by the Group Manager |
| Authorise testing for blood born virus |
Head of Service |
Another Head of Service |
Consent to be recorded in the Placement Information Record, signed by the Group Manager |
| Emergency medical treatment which may or may not involve general anaesthetic |
Head of Service |
Group Manager to advise Head of Service |
Medical staff can act in an emergency on the basis of medical need |
| Planned medical treatment involving surgery and general anaesthetic |
Assistant Director |
Head of Service |
Parental involvement should always be considered and only excluded if not in the child's best interests |
| Medical consent, including consent for treatment involving surgery and general anaesthetic for children subject to S20 |
Head of Service |
Another Head of Service |
Parental consent should always be obtained except in the event of an emergency. |
Decision to Withhold Whereabouts of a Child in Care
(Procedure(s): |
| Decision to withhold the whereabouts of a child in care from a person, usually the parent |
Head of Service |
Another Head of Service |
Schedule 2 s15(4)Children Act 1989
A local authority is not required to inform any person of the whereabouts of a child if-
- the child is in the care of the authority; and
- the authority has reasonable cause to believe that informing the person would prejudice the child's welfare
NB This does not apply to LAC accommodated under S20 Children Act 1989 when there is NO POWER to withhold this information unless an order has been applied for and obtained |
| Provision of accommodation in order to protect the child (e.g. to a father who is considered to be a risk to the child) |
Head of Service |
Head of Service (Care and Resources) |
Schedule 2 para s5 Children Act 1989 |
Death of a Looked After Child
(Procedure(s): Bromley Safeguarding Children Board Procedures) |
| Notification following the death of a child looked after / serious harm to a child in an children's home / foster care |
Director - Children and Young People |
Assistant Director |
Schedule 2 s20 Children Act 1989
Regulation 43 (1) and Schedule 8 Fostering Services 2002
Children's Homes Regulations 2011
OFSTED Guidance on Handling Serious Child Care Incidents |
| Funeral arrangements following the death of a child looked after |
Assistant Director |
Head of Service |
These should always be made in consultation with the parent and may be made by the parent if they so wish and if it is deemed appropriate |
Notification to OFSTED of Serious Harm to a Child/Serious Case Review
(Procedure(s): London Child Protection Procedures) |
| Notification to OFSTED of serious harm to a child / serious case review |
Director - Children and Young People |
Assistant Director |
OFSTED Guidance on Handling Serious Child Care Incidents |
Placement of a Child with Parents
(Procedure(s): Placements with Parents) |
| Decision to place child who is the subject of a Care Order or Interim Care Order with parents or persons with parental responsibility for a period in excess of 24 hours |
Assistant Director |
|
Vol. 3 Children Act 1989 Guidance & Regulations 5.40
Where a Director nominates another officer as decision maker the nomination should reflect the serious nature of the decision and this nomination should rest at third tier level i.e. assistant chief officer area director or area manager or an equivalent senior level. Nominees will need good knowledge of child care practice in order to provide a considered opinion The nomination of the senior officers can only be made by the Director and should be in writing |
Placement of a Child with Family and Friends
(Procedure(s): Placements with Relatives and Friends) |
| Place LAC with family and friends |
Head of Service |
Another Head of Service |
"S17 Children Act 1989
Approved by the Local Authority as a part of a Child in Need plan following an initial assessment and if necessary a core assessment. |
Private Fostering
(Procedure(s): Private Fostering) |
| Authorise a private fostering placement |
Group Manager |
Another Group Manager |
"S17 Children Act 1989
Approved by the Local Authority as a part of a Child in Need plan following an initial assessment and if necessary a core assessment. |
Holidays Abroad and Passports
(Procedures(s): Holidays & School Trips Outside the UK) |
| Permission to go abroad (for a period of less than one month) including signing passport application for child subject of a Care Order |
Head of Service |
Another Head of Service |
S33(8) Children Act 1989 |
| Permission for a child to attend a school trip/short holiday in the UK |
Group Manager |
Another Group Manager |
|
| Authorise application for a passport for a LAC |
Group Manager |
|
S33(3) Children Act 1989 in respect of a child in care and S22(3) Children Act 1989 in respect of a child provided with accommodation under S20.
Guidance notes for Social Services Departments when applying for passports on behalf of LAC |
Application for a Child to live outside England and Wales
(Procedure(s): Placements outside England & Wales) |
| Decision to apply for leave of the Court for a child in care to live outside England or Wales |
Head of Service |
Another Head of Service |
S33 (7)(b) Children Act 1989. This may have substantial financial implications and therefore delegation should reflect this |
Change of Name for Looked After Child
(Procedure(s): Change of Name of a Looked After Child) |
| Permission for child subject to a Care Order to be known by a new surname (only possible with agreement of everyone with parental responsibility or leave of the Court) |
Group Manager |
|
S33 (7) (a) Children Act 1989 |
Marriage of a Looked After Child
(Procedure(s): Marriage of a Looked After Child) |
| Permission for a child subject of a Care Order to marry |
Director - Children and Young People |
Assistant Director |
S33(3) Children Act 1989 |
Overnight Stays and School Outings
(Procedure(s): Contact with Relatives, Friends, Visitors and Overnight Stays) |
| Decision for a child looked after to have a normal social visit over night |
Social Worker - delegated to Foster Carer and Children's Homes Manager |
|
CLA (2004)4
Decisions on overnight stays should in most circumstances be delegated to foster carers and residential care staff and arrangements for such decisions written into the placement plan or Foster Placement Agreement
Children Looked After should as far as possible be granted the same permission to take part in normal and acceptable age appropriate peer activities as would reasonably be granted by parents of their peers
Only where there are exceptional reasons should the permission of the responsible authority be required or restrictions placed on overnight stays |
| Decision for a child to attend days trips or activities |
Social Worker - delegated to Foster Carer or Children's Homes Manager |
|
|
Recovery Order
(Procedure(s): Abduction and Recovery of LAC) |
| Decision to apply for a Recovery Order for a child who is in care, the subject of an EPO or in Police protection |
Head of Service |
Another Head of Service of Above |
S50 Children Act 1989 |
Informing 3rd Party about a Person Considered to be a risk to Children
(Procedure(s): |
| Decision to inform a third party of the identity and concerns about a person who is considered a risk to children |
Designated Child Protection Advisor |
Head of Service (Safeguarding and Quality Assurance) |
S33(3) Children Act 1989 and S22(3) Children Act 1989 for LAC, S17 Children Act 1989 for children in need and S47 Children Act 1989 for children at risk |
Section 47 Enquiries and Child Protection Conferences
(Procedure(s): Child Protection Enquiries) |
| Decision to initiate s47 enquiries |
Group Manager |
Deputy Group Manager |
S33(3) Children Act 1989 and S22(3) Children Act 1989 for LAC, S17 Children Act 1989 for children in need and S47 Children Act 1989 for children at risk |
| Decision to take no further action following s47 enquiries |
Group Manager |
Deputy Group Manager |
S47 children Act 1989 |
| Decision to convene a Child Protection Conference following s47 enquiries |
Group Manager |
Deputy Group Manager |
Where a trip involves an element of risk (i.e. canoeing, rock climbing etc - the decision to agree should be taken in consultation with the social worker. |
Secure Accommodation
(Procedure(s): Placements in Secure Accommodation) |
| Authority to apply for a Secure Accommodation Order |
Assistant Director |
Director - Children and Young People |
S25 Children Act 1989
Vol. 4 CA 89 Guidance & Regs. 8.6 'Steps should be taken to ensure all decisions to seek a placement for a child in secure accommodation are taken at a senior level in the authority This should not be less than at Asst Director level and such a person should be accountable to the Director for that decision' |
| Authority to decide on a placement in secure accommodation without an Order for up to 72 hours |
Assistant Director |
Director - Children and Young People |
S25 Children Act 1989
See above |
| Review of placement in secure accommodation in community home |
Independent Reviewing Officer
VOICE (or other independent person) |
|
S15 Children (Secure Accommodation) Regulations 1991
Each local authority looking after a child in secure accommodation in a community home. shall appoint at least 3 persons at least one of which is not employed by the local authority by or on behalf of which the child is being looked after who shall review the keeping of the child in such accommodation for the purposes of securing her/his welfare within one month of the inception of the placement and then at such intervals not exceeding three months where the child continues to be kept in such accommodation |
Adoption
(Procedure(s): Adoption Procedures) |
| Adoption Agency Decision Maker |
Assistant Director |
|
Adoption & Children Act 2002 Guidance
Adoption Agencies Regulation 27.2 no member of the Adoption Panel can take part in the agency decision
It should be taken by a senior person in the agency such as the agency's adoption manager or Assistant Director who is not a member of the Panel that submitted the recommendation
|
| Senior manager(s) with whom Adoption Agency Decision Maker will discuss cases where s/he is minded not to accept the Adoption Panel's recommendation |
Head of Service (Care and Resources) |
Group Manager - Adoption |
Adoption & Children Act 2002 Guidance
Chapter 3 paragraph 68 |
Fostering
(Procedure(s): Placement Policy; Placements in Foster Care; Foster Carer) |
| Fostering Panel Decision Maker |
Assistant Director |
Head of Service (Care and Resources) |
Regulation 28 Fostering Service Regulations 2002
No member of a fostering panel shall take part in any decision by the fostering service provider to approve or set terms of approval for a foster carer |
| Chair of Fostering Panel that makes recommendations about approval and any terms of approval |
Independent Chair |
Deputy Chair |
Regulation 24 Fostering Service Regulations 2002
'A senior member of staff of the fostering service provider who is not responsible for the day to day management of any person carrying out assessments of prospective foster parents or such other person not being an employee member or partner or director of the fostering service provider who has the skills and experience necessary for chairing a fostering panel'
|
| Manager to authorise increasing the limit of children placed in a fostering placement on an emergency/temp basis - up to 6 weeks |
Independent Chair |
Head of Service (Care and Resources) |
Funding Panel Procedures |
| Manager who may authorise increasing the limit of children placed in a fostering placement on a planned basis - after all checks undertaken and the Fostering Panel has recommended an increase. Delegated from the Assistant Director |
Head of Service (Care and Resources) |
|
Funding Panel Procedures |
| Approval for IFA's, Residential and specialist assessments |
Assistant Director via the relevant Head of Service |
Head of Service (Care and Resources) via the relevant Head of Service |
Funding Panel Procedures |
| Authorise publicity for family finding for the adoption and long term fostering of children |
Group Manager - Adoption |
|
|