BromleyChildren and Young People Service Safeguarding and Social Care Division Procedures Manual

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

This chapter has been amended to reflect the Ofsted Twitter Blog of 24/7/19 by Yvette Stanley, Ofsted's National Director for Social Care. The Blog highlights feedback from a number of inspections and explores what good recording should look like (Ofsted: developments in children's social care – What makes an effective case record?).

An update has been made in Section 1, Principles to draw attention to OFSTED's advice that Local Authorities should exercise due diligence in ensuring schools for pupils with SEN are registered with the DFE. The same diligence should be exercised on behalf of pupils with SEN.

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

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

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

This chapter incorporates changes introduced by the Children and Social Work Act 2017 and Keeping Children Safe in Education (2018). Section 8, Safeguarding the Looked After Child at School includes a reference to Upskirting (which is now a criminal offence) and a new section on Serious Violence. Information has been added to reflect OFSTED's advice that LAs should exercise due diligence in ensuring schools for LAC pupils are registered with the DFE.

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

This chapter has been updated to reflect in more detail the foster carer's role and responsibilities with respect to Fostering National Minimum Standards – Notification of Significant Events (see Section 1, Introduction) and relevant aspects of Schedule 6 The Fostering Services (England) Regulations 2011, (see Section 2, Planned Supervision Visits).

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

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

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

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

This chapter has been updated to reference and reflect the Family Court Justice Interim Guidance on Special Guardianship, Courts and Tribunals Judiciary (see new Section 6.2, Special Guardianship applications in care proceedings).

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

This chapter reflects statutory guidance in relation to children who are placed by health authorities or local authorities for more than 3 months in residential establishments for educational purposes and children placed in care homes or independent hospitals (including hospices) by health authorities or local authorities (Sections 85 and 86 of the Children Act 1989).

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

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

This chapter has been amended to reflect changes from 'Practice Direction 27a - Family Proceedings: Court Bundles (Universal Practice to be Applied in the High Court and Family Court)', in relation to the required maximum length of certain court documents, (unless otherwise specifically directed by the court). In addition, a new subsection of Section 4.1, Local Authority Documentation - 'Final Care Plan' provides further detail on the importance of recording information on the Care Plan which will help the child, parent or the child's carer understand why decisions have been or are being made.

This chapter has also been amended to reflect HHJ Greensmith's comments regarding M and N (Children: Local authority gathering, preserving and disclosing evidence) [2018] EWFC 40 (1 June 2018)) (see Section 9.1, Good Local Authority Practice During Proceedings).

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

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

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

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

A new Section 6, Suitable Placements has been added. Details of the National Transfer Scheme Protocol for Unaccompanied Asylum Seeking Children Version 2.0 March 2018 have been added into Section 1, Introduction and Definitions.

This chapter has been revised to include the Duty to Refer including the referral process. The duty to refer was brought in by the Homelessness Reduction Act 2017.

This chapter has been updated to include a link to 'Looking After Someone Else's Child' (see Related Guidance).

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

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

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

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

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

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

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

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

This chapter has been amended to include a link to the Leaving Care and Transition Procedure in relation to Personal Adviser visits to 'Relevant' or 'Former Relevant' young people.

Amendments have been made in:

• Section 5, Leaving Care Assessment of Need - in relation to children who are victims of trafficking or unaccompanied asylum seeking children;

• Section 7, Reviews of Pathway Plans - in relation to Relevant/Former Relevant young people moving to 'unregulated' accommodation; and

• Section 8, Personal Advisers - in relation to frequency of visits by Personal Advisers.

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

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

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

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

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

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

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

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

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

A new Section 2, Corporate Parenting has been added on in response to the DfE Applying Corporate Parenting Principles to Looked-after Children and Care Leavers – Statutory Guidance (Feb 2018). It includes the seven corporate parenting principles set out in the guidance.

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

This chapter has been updated to provide some emphasis on parents who lack capacity and added links to the President of the Family Division, Family Proceedings: Parents with a Learning Disability note, and a relevant link to working with parents who have a learning disability (see Section 2, Pre-proceedings) and Practice Direction 3aa - Vulnerable Persons: Participation in Proceedings and Giving Evidence (see case management in Section 4, Documentation). In Related Guidance, a link has been added to Research in Practice supporting information and guidance on the Social Work Evidence template (SWET).

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

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

Section 1, The Case Record has been updated in line with Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018, which permits the transfer of a copy of the child's case record (or part of that record) to another adoption agency when the local authority considers this to be in the interests of the child.

This chapter has been substantially updated in following the introduction of the General Data Protection Regulations (GDPR) and Data Protection Act 2018.

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

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

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

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

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

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

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

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

Section 9, The Role of the Looked After Review in Achieving Permanence for the Child has been amended to reflect the outcome of a High Court Judgement in respect of children who were subject to Section 20 and where there were concerns of significant delays in their planning for permanence. The court noted the IROs' recognition and action over a number of reviews but acknowledged that a more robust response had been needed.

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

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

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

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

This chapter has been reviewed.

This chapter has been fully reviewed.

This chapter has been updated to reflect the Local Government and Social Care Ombudsman good practice points to follow when working with Special Guardians. A link to the full report 'Firm Foundations: Complaints about Council Support and Advice for Special Guardians (Local Government and Social Care Ombudsman) (May 2018)' has been added into the Relevant National Guidance section of this chapter.

A link to the Bromley Information Sharing Protocol (March 2017) has been added to this chapter.

This chapter has been updated by adding a new Section 4, Children in Need Moving to Another Authority – Principles. Information and communication is important between the respective local authorities to ensure appropriate services continue for the child and family and, where relevant, any risk of harm is recognised and identified with the receiving local authority. It should be noted that the responsibility for safeguarding and promoting the welfare of the child lies with the local authority where the child is to be found.

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

Section 3, Assessment has been updated with regards to: in advance of undertaking an age assessment for an unaccompanied asylum seeking child, local authorities must seek Home Office assistance with verifying the authenticity of identity documents e.g. travel documents or a birth certificate. A link to the relevant contact details for local authorities was added. The statutory guidance has been updated to link to the DfE 2017 Care of Unaccompanied Migrant Children and Child Victims of Modern Slavery – statutory guidance for local authorities. The Modern Slavery Act 2015 is referenced in relation to age assessments.

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

Section 5, Assessing and Planning for Permanence has been updated to reflect the additional 'permanence provisions' of the Care Plan (under s.8 Children and Social Work Act 2017 amends section 31(3B) Children Act 1989) which a court is required to consider when deciding whether to make a Care Order.

This chapter has been updated to reflect that the DBS has no eligibility for a standard or enhanced check for birth parents or other adults living in the household. However, the Local Authority has a requirement under the Care Planning, Placement and Case Review (England Regulations) 2010 to obtain information about unspent convictions and cautions before placing a child back with parents (see Section 1.2, Assessment and Checks before Placement).

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

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

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

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

This chapter has been added to the manual.

The link to this policy has been added to the manual.

The link to this protocol has been added to the manual.

The link to this strategy has been added to the manual.

The link to this protocol has been added to the manual.

The link to this policy and procedure has been added to the manual.

The link to this protocol has been added to the manual.

This chapter has been entirely revised and updated and should be re-read in full.

A link has been added to Securing British Citizenship for looked After Children - NRPF Network.

The sub-section entitled "Provision of Accommodation" has been revised to better reflect practice in the London Borough of Bromley. A link to Securing British Citizenship for Looked After Children (NRPF Network) has also been also added.

This chapter has been amended to reflect the outcome of an Appeal Court hearing (2017) with respect to 'consent'. The court recognised that the term 'consent' itself was not used in Section 20. However, it described previous court observations as 'good practice guidance', emphasising its judgment should not alter the content or effect of these (see Section 1.3.1, Obtaining Parental Consent).

A note has been added in respect of Secure Accommodation - Placements in Scotland: Schedule 1, Children and Social Work Act 2017, with immediate effect, now enables local authorities to make placements in Secure accommodation under Sect 25 (Children Act 1989). (See Section 7.1, Placement Request, Identification and Approval).

Section 1, Normal Frequency, has been revised to closely reflect the statutory requirements.

This chapter has been entirely revised and updated and should be re-read in full.

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

Section 14, Financial Support has been revised in respect of Regulation 24 and 25 Placements.

This chapter has been added to the manual.

This link has been added to the manual.

This link has been added to the manual.