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8.2 Scheme of Delegated Authority for Children (Non Financial)

The following lists decisions that have been delegated to officers by the Chief Officer to be followed in all circumstances.

Please refer to the Scheme of Financial Delegation for funding approval guidance.


Contents

  1. Decision to Accommodate
  2. Care Proceedings
  3. Contact with Parents
  4. Medical Consents and Treatments
  5. Decision to Withhold Whereabouts of a Child in Care
  6. Death of a Looked After Child
  7. Notification to OFSTED of Serious Harm to a Child/Serious Case Review
  8. Placement of a Child with Parents
  9. Placement of a Child with Family and Friends
  10. Private Fostering
  11. Holidays Abroad and Passports
  12. Application for a Child to live outside England and Wales
  13. Change of Name for Looked After Child
  14. Marriage of a Looked After Child
  15. Overnight Stays and School Outings
  16. Recovery Order
  17. Informing 3rd Party about a Person Considered to be a risk to Children
  18. Section 47 Enquiries and Child Protection Conferences
  19. Secure Accommodation
  20. Adoption
  21. Fostering


Decision to be delegated Delegation to: Will take decision in absence of person with delegated authority Comments/Guidance

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-

  1. the child is in the care of the authority; and
  2. 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    

End