Safeguarding Children: Working Together for Positive Outcomes

ISBN 0 7504 3332 9 Designed by Graphics Unit G/502/03-04

March INA-15-29-044

© Crown copyright 2004

SAFEGUARDING CHILDREN: WORKING TOGETHER FOR POSITIVE OUTCOMES

CONTENTS Introduction

1

Being Alert to Children’s Welfare

4

Initial Assessment

10

Next Steps – No Suspected Actual or Likely Significant Harm

13

Next Steps – Suspected Actual or Likely Significant Harm

14

Immediate Protection

15

The Strategy Discussion

17

S47 Enquiries and Core Assessment

20

The Outcome of S47 Enquiries

24

The Initial Child Protection Conference

27

Action Following the Initial Child Protection Conference

37

The Child Protection Plan

40

The Child Protection Review Conference

44

De – Registration

46

Pre – Birth Child Protection Conference

47

Children Looked After by the Local Authority – Living Away From Home

48

Some Key Principles

50

Appendix 1 – Use of Questionnaires and Scales to Evidence Assessment and Decision Making

55

Appendix 2 – Legislative Framework

58

Appendix 3 – Information Sharing

62

References

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Introduction: This document is issued under Section 7 of the Local Authority Social Services Act 1970, which requires local authorities in their social services functions to act under the general guidance of the National Assembly for Wales. As such, this document does not have the full force of the statute, but should be complied with unless local circumstances indicate exceptional reasons which justify a variation. This guidance provides a summary of the key processes outlined in Working Together to Safeguard Children: A guide to inter-agency working to safeguard and promote the welfare of children (National Assembly for Wales, 2000) and the Framework for the Assessment of Children in Need and their Families (National Assembly for Wales, 2001). It does not replace either of these documents but should be read in conjunction with them. Working Together to Safeguard Children recognises that “all children deserve the opportunity to achieve their full potential. They should be enabled to: · · · · ·

be as physically and mentally healthy as possible; gain the maximum benefit possible from good-quality educational opportunities; live in a safe environment and be protected from harm; experience emotional well-being; feel loved and valued, and be supported by a network of reliable and affectionate relationships; · become competent in looking after themselves and coping with everyday living; · have a positive image of themselves, and a secure sense of identity including cultural and racial identity; · develop good inter-personal skills and confidence in social situations.” This principle should be at the core of all policy and practice around the safeguarding of children and should be included in all child protection training. It should be further emphasised and recognised that if they are denied the opportunity to achieve their potential in this way, children are at risk not only of an impoverished childhood, but they are also more likely to experience disadvantage and social exclusion in adulthood. Some children may be suffering, or at risk of suffering, significant harm, either as a result of a deliberate act, or of a failure on the part of a parent or carer to act or to provide proper care, or both. These children need to be made safe from harm, alongside meeting their other needs.

For those children who are suffering, or at risk of suffering significant harm, joint working is essential, to safeguard them and - where necessary - to help bring to justice the perpetrators of crimes against children. All agencies and professionals should: · be alert to potential indicators of abuse or neglect; · be alert to the risks which individual abusers, or potential abusers, may pose to children; · share and help to analyse information so that an informed assessment can be made of the child's needs and circumstances;

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· contribute to whatever actions are needed to safeguard the child and promote his or her welfare; · regularly review the outcomes for the child against specific shared objectives; and · work co-operatively with parents unless this is inconsistent with the need to ensure the child's safety. A Child in Need? Under the Children Act 1989 (section 17(10), a child is considered to be ‘in need’, if he or she “is unlikely to achieve or maintain …… a reasonable level of health or development”, or their “health and development is likely to be significantly impaired or further impaired”, without the provision of services by a local authority. The critical factors to be taken into account in deciding whether a child is in need under the Children Act 1989 are what will happen to a child’s health or development without services, and the likely effect the services will have on the child’s standard of health and development. Abuse and Neglect Somebody may abuse or neglect a child by inflicting harm, or by failing to act to prevent harm. Children may be abused in a family or in an institutional or community setting; by those known to them or, more rarely, by a stranger. Physical abuse Physical abuse may involve hitting, shaking, throwing, poisoning, burning or scalding, drowning, suffocating, or otherwise causing physical harm to a child. Physical harm may also be caused when a parent or carer feigns the symptoms of, or deliberately causes ill health to a child whom they are looking after. Emotional Abuse Emotional abuse is the persistent emotional ill-treatment of a child such as to cause severe and persistent adverse effects on the child's emotional development. It may involve conveying to children that they are worthless or unloved, inadequate, or valued only insofar as they meet the needs of another person. It may feature age or developmentally inappropriate expectations being imposed on children. It may involve causing children frequently to feel frightened or in danger, or the exploitation or corruption of children. Some level of emotional abuse is involved in all types of ill-treatment of a child, though it may occur alone. Sexual Abuse Sexual abuse involves forcing or enticing a child or young person to take part in sexual activities, whether or not the child is aware of what is happening. The activities may involve physical contact, including penetrative (e.g. rape or buggery) or non-penetrative acts. They may include non-contact activities, such as involving children in looking at, or in the production of, pornographic material or watching sexual activities, or encouraging children to behave in sexually inappropriate ways.

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Neglect Neglect is 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 or development. It may involve a parent or carer failing to provide adequate food, shelter and clothing, failing to protect a child from physical harm or danger, or the failure to ensure access to appropriate medical care or treatment. It may also include neglect of, or unresponsiveness to, a child's basic emotional needs. The Concept of Significant Harm The Children Act 1989 introduced the concept of significant harm as the threshold that justifies compulsory intervention in family life in the best interests of children. The local authority is under a duty to make enquiries, or cause enquiries to be made, where it has reasonable cause to suspect that a child is suffering, or likely to suffer significant harm (s.47). A court may only make a care order (committing the child to the care of the local authority) or supervision order (putting the child under the supervision of a social worker, or a probation officer) in respect of a child if it is satisfied that: · the child is suffering, or is likely to suffer, significant harm; and · that the harm or likelihood of harm is attributable to a lack of adequate parental care or control (s.31). There are no absolute criteria on which to rely when judging what constitutes significant harm. Consideration of the severity of ill-treatment may include: · · · · · ·

the degree and the extent of physical harm, the duration and frequency of abuse and neglect, the extent of premeditation, the degree of threat and coercion, sadism, and bizarre or unusual elements in child sexual abuse.

Each of these elements has been associated with more severe effects on the child, and/or relatively greater difficulty in helping the child overcome the adverse impact of the ill-treatment. Sometimes, a single traumatic event may constitute significant harm, e.g. a violent assault, suffocation or poisoning. More often, significant harm is a compilation of significant events, both acute and long-standing, which interrupt, change or damage the child's physical and psychological development. Some children live in family and social circumstances where their health and development are neglected. For them, it is the corrosiveness of long-term emotional, physical or sexual abuse that causes impairment to the extent of constituting significant harm. In each case, it is necessary to consider any ill-treatment alongside the family's strengths and supports.

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Being Alert to Children's Welfare Everybody who works with children, parents, and other adults in contact with children should be able to recognise, and know how to act upon, indicators that a child's welfare or safety may be at risk. Professionals, foster carers, staff members and managers should be mindful always of the welfare and safety of children - including unborn children and older children – in their work. With children for example: social workers and other social care personnel, teachers and other school staff, nursery nurses, school nurses, health visitors, GPs, Accident and Emergency and all other hospital staff, who provide services for children , should be able to recognise possible indicators of abuse or neglect in children, or situations where a child requires extra support to prevent significant impairment to his or her health or development; With parents or carers who may need help in promoting and safeguarding their children's welfare for example: adult mental health or substance misuse services should always consider the implications for children of patients' or users' problems. Staff in day nurseries and family centres should: · · ·

keep the interests of children uppermost when working with parents, work in ways intended to bring about better outcomes for children, and be alert to possible indicators of abuse or neglect.

When dealing with cases of domestic violence, the police and other involved agencies should consider the implications of the situation for any children in the family. With family members, employees, or others who have contact with children for example: the police, probation, mental health and social services for adults, and housing authorities should be alert to the possibility that an individual may pose a risk of harm to a particular child, or to children in a local community. Employers of staff or volunteers who have substantial unsupervised access to children should guard against the potential for abuse, through rigorous selection processes, appropriate supervision and by taking steps to maintain a safe environment for children.

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Where there are Concerns that a Child is Being Abused Any professional or staff member may encounter concerns about the well-being or safety of a child or children. Achieving good outcomes for these children requires all those with responsibility for assessment and the provision of services to work together according to an agreed plan of action. Effective collaborative working requires professionals and agencies to be clear about: · when and how to make a referral to the local social services authority; · the need to avoid delay in emergency action to protect a child · their roles and responsibilities for safeguarding and promoting the welfare of children, including an awareness and appreciation of the role of others; · the purpose of their activity, what decisions are required at each stage of the process and what are the intended outcomes for the child and their family members; · the legislation under which agencies and individuals undertake their child protection functions; · statutory guidance on child protection (including Working Together to Safeguard Children – the National Assembly for Wales, 2000), local Area Child Protection procedures and any associated protocols. · what services are available locally and how to gain access to them; · what sources of further advice and expertise are available, who to contact in what circumstances, and how; · the way in which they, and others, should record information ; · the way in which information will be shared across professional boundaries and within agencies; · which agency, team or professional has lead responsibility, and the precise roles of everyone else who is involved, including the way in which the children and other family members will be involved; practitioners must bring any confusion or conflict about the location of lead responsibility to the attention of their manager without delay so that it can be addressed; and · any timescales set down in Regulations or Guidance which govern the completion of assessments, making of plans and timing of reviews. All those working with children and families should… · Be familiar with and follow their organisation’s procedures and protocols for promoting and safeguarding the welfare of children, and know who to contact in the organisation to express concerns about a child’s welfare. · If responsible for making referrals where there is concern for a child’s welfare know who to contact in local agencies. · Refer any concern about child abuse or neglect to social services or the police.

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· Remember that an allegation of child abuse or neglect may lead to a criminal investigation - whenever someone encounters a case which constitutes, or may constitute, a criminal offence against a child, they should always inform the police at the earliest opportunity and should not do anything that may jeopardise police enquiries and investigation, such as asking a child leading questions or attempting to investigate the allegations of abuse. · Have an understanding of the Framework for the Assessment of Children in Need and their Families, which underpins the processes of assessing needs, planning services and reviewing the effectiveness of service provision at all stages of work with children and families. · When referring a child to social services, consider and include any information available on the child’s developmental needs and their parents/carers ability to respond to these needs within the context of their wider family and environment. Similarly when contributing to an assessment or providing services consider what contribution can be made in respect of each of these three domains. Specialist assessments, in particular, are likely to provide information in a specific dimension such as health, education or family functioning. · See the child as part of considering what action to take in relation to concerns about the child’s welfare. · Communicate with the child in a way that is appropriate to their age, understanding and preference. This is especially important for disabled children and for children whose preferred language is not English. The nature of this communication will also depend on the substance and seriousness of the concerns and you may require advice from social services or the police to ensure that neither the safety of the child nor any subsequent investigation is jeopardised. Where concerns arise as a result of information given by a child it is important to reassure the child but not to promise confidentiality. · Record full information about the child, at first point of contact, including name(s), address(es), gender, date of birth, name(s) of person(s) with parental responsibility (for consent purposes) and primary carer(s), if different, and keep this information up to date. In schools, this information will be part of the pupil’s record. · Record all concerns, discussions about the child, decisions made and the reasons for those decisions. The child’s records should include an up-to-date chronology, and details of the lead worker in the relevant agency – for example, a social worker, GP, health visitor or teacher. · Talk to their manager and other professionals: always share their concerns, and discuss any differences of opinion. · Follow up their concerns and confirm any oral communications to other professionals in writing, ensuring that the message is clear and unambiguous.

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Action to take when a child may be suffering, or may be at risk of suffering significant harm If somebody believes that a child may be suffering, or may be at risk of suffering significant harm, then the following action should be taken: · Always refer those concerns to the local authority social services. Social services, the police and the NSPCC have powers to intervene in these circumstances. Sometimes concerns will arise within social services, and can develop or come to light about a child and family with whom the service is already in contact. In such circumstances social services personnel should follow internal and ACPC procedures to ensure the concerns are appropriately considered and, if necessary, investigated. · Professionals should seek, in general, to discuss any concerns with the family and, where possible, seek their agreement to making referrals to social services, but this should only be done where such discussion and agreement-seeking will not place a child at increased risk of significant harm. · When a referral is made to social services with concerns about a child's welfare, it is the responsibility of social services to clarify with the referrer (including with families making self-referrals): the nature of concerns; how and why they have arisen; and what appear to be the needs of the child and family. · Social Services should always identify clearly whether there are concerns about abuse or neglect, what is their foundation, and whether the child/ren may need urgent action to make them safe from harm. · Whenever social services (or the NSPCC if relevant) encounters or has a case referred to it which constitutes, or may constitute, a criminal offence against a child, it should always inform the police at the earliest opportunity. This will enable both agencies to consider jointly how to proceed in the best interests of the child. · In dealing with alleged offences involving a child victim, the police should normally work in partnership with social services and/or other child welfare agencies. · Whilst the responsibility to instigate criminal proceedings rests with the police, they should consider the views expressed by other agencies. In some cases it will be agreed that social services led intervention is more appropriate than a police investigation. · Professionals who refer concerns about a child to social services verbally should confirm their referrals in writing within 48 hours. · At the end of any discussion about a child, the referrer (whether a professional, member of the public or family) and social services should be clear about who will be taking what action and when, or that no further action will be taken. This should include being clear about what the child and parents will be told about the referral. The discussion and its outcome should be recorded by social services and by the referrer (if a professional in another service). Action in response to the referral may include an initial assessment, referral to other agencies, or the provision of advice or information.

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· When receiving a referral from a member of the public, rather than another professional, social services personnel should bear in mind that personal information about referrers, including anything that could identify them, should only be disclosed to third parties (including subject families and other agencies) with the consent of the referrer. · In deciding what action is appropriate in response to the referral social services should ensure that any referring professional/service is involved in the discussions, that any existing records are considered and that other professionals and services are involved as necessary. · All discussions must be recorded in writing and the record agreed. It must record any action agreed, who is responsible for taking the agreed action and timescales in which action is to take place. In all cases the reasons for the decision to take or not take action in response to the referral should be recorded in writing. · Social services should always give appropriate consideration to new information about a child or family with whom they are already in contact. If this information causes personnel to be concerned that a child may be at risk of significant harm they should discuss it with appropriate managers/colleagues in accordance with internal and ACPC procedures. · Social service should consider whether the referral / new information about a child already in contact with social services, suggests there is cause for concern about either the child's health and development, or actual and/or potential harm which require social services to proceed with further initial assessment of the needs of the child and their family (this may involve making enquiries about the child, their family and their circumstances and evaluation of information obtained from the enquiries and may also include strategy discussions and intervention and the evaluation of its impact on the child and the family.) If it is decided that assessment is necessary decisions should be taken, and recorded, about how it should take place and its timing. · If at any point social services consider that a child is or may be suffering harm, or may be at risk of suffering harm, they should initiate a strategy discussion irrespective of the stage they have reached in their assessment or planning for the child. · Social services should ensure that, where there is cause for concern that a crime may have been committed against a child, the police should be notified at the earliest opportunity, as it is the police’s responsibility to carry out any criminal investigation. · If the police are involved, the social worker should discuss with them when and how to inform the parents about referrals from third parties, as this will have a bearing on the conduct of both agencies’ enquiries and investigations. · Parents' permission should be sought before discussing a referral about them with other agencies, unless permission seeking may itself place a child at risk of significant harm. · When responding to referrals from the wider community, it should be borne in mind that personal information about referrers, including identifying details, should only be disclosed to third parties (including subject families and other agencies) with the consent of the referrer. · The decision about when and how to inform the parents (about referrals from third parties) will have a bearing on the conduct of social services enquiries and police investigations.

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Referrals to social services may lead directly to the provision of services or other help - including from other agencies - and/or to a fuller initial assessment of the needs and circumstances of the child. Social services may also decide to take no action in response to the referral. Sometimes it may be apparent at this stage that emergency action should be taken to safeguard a child. Such action should normally be preceded by an immediate strategy discussion between social services and the police, and other agencies as appropriate. Practitioners and managers involved in assessment, care planning, and/or provision of services for children in need and their families should be alert at all times to indications that a child may be at risk of significant harm and that enquiries under s 47. of the Children Act 1989 are necessary to safeguard the child and promote her/his welfare. Where social services decide, after considering a referral, to take no further action at this stage they should advise the referrer of this decision. In the case of referrals from members of the public, feedback should be given in a manner consistent with respecting the confidentiality of the child.

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Initial Assessment An initial assessment is a brief assessment of each child referred to social services to determine "whether the child is in need, the nature of any services required, and whether a further, more detailed core assessment should be undertaken" (paragraph 3.9 of the Assessment Framework). The initial assessment should be undertaken in accordance with the Assessment Framework. Information should be gathered and analysed within the three domains of the Assessment Framework (see Figure 1), namely: · the child’s developmental needs; · the parents’ or caregivers’ capacity to respond appropriately to those needs; and · the wider family and environmental factors. The initial assessment should be carefully planned, with clarity about who is doing what, as well as when and what information is to be shared with the parents. The planning process and decisions about the timing of the different assessment activities should be undertaken in collaboration with all those involved with the child and family. The initial assessment by the social services department of all children in need whether or not there are child protection concerns - should be completed within a maximum of seven working days of the date of referral. However, the initial assessment period may also be very brief, for example in some circumstances where a child is suffering or is at risk of suffering significant harm or where it is quickly established that the child is not in need. Using the framework set out in the Framework for the Assessment of Children in Need and their Families it should address the questions: · what are the needs of the child? · are the parents able to respond appropriately to the child's needs? Is the child being adequately safeguarded from significant harm, and are the parents able to promote the child's health and development? · is action required to safeguard and promote the child's welfare? The process of initial assessment should involve: seeing and speaking to the child (according to age and understanding) and family members as appropriate; drawing together and analysing available information from a range of sources (including existing records); and obtaining relevant information from professionals and others in contact with the child and family. All relevant information (including historical information) should be taken into account.

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In the course of this assessment, the social services department should: · Lead on the assessment and complete it within a maximum of 7 working days (although the initial assessment period may be very brief - for example, in some circumstances where a child is suffering or is at risk of suffering significant harm, or where it is quickly established that the child is not in need) in accordance with The Framework for the Assessment of Children in Need and their Families. · Consider whether this is a child in need? (s.17 of the Children Act 1989) · Consider whether there is there reasonable cause to suspect that this child is suffering, or is likely to suffer, significant harm? (s.47 of the Children Act 1989). · See the child within a timescale that is appropriate to the nature of the concerns expressed at referral, according to an agreed plan (which may include seeing the child without his or her carers present). This includes observing and communicating with the child in a manner appropriate to his or her age and understanding, and which takes account of the child’s preferred language/method of communication. The child’s views should be ascertained and understood. · Conduct interviews with the child and family members, separately and together as appropriate, unless such discussions may place the child at risk of significant harm. These should be undertaken wherever possible in the preferred language/ method of communication of the child and each family member. For some disabled children and family members expertise in non-verbal communication will be necessary. It will not necessarily be clear whether a criminal offence has been committed, so even initial discussions with the child and family members should be conducted in a way that minimises distress to them and maximises the likelihood that they will provide accurate and complete information, avoiding leading or suggestive questions. · A written record of all discussions and interviews should be kept. · Involve relevant agencies who are working with/or known to the child and family in gathering and providing information, as appropriate (For further information on information sharing, see Appendix 3). · Once the initial assessment is complete, together with all other relevant agencies, decide on further action. Involve the child and parents in these discussions, unless this may place a child at risk of significant harm again: for example, the child may be further physically abused for talking about his/her abuse. · If there are concerns about a parent’s ability to protect their child, careful consideration needs to be given as to what the parents should be told, when and by whom, taking account of the child’s welfare. · Record the assessment findings and initial analysis and decisions following the initial assessment, including the reasons for any decisions made and further action to be taken in the Initial Assessment Record. · Inform, in writing, all the relevant agencies and the family of the decisions and, if the child is a child in need, of the plan for providing support to them and their child.

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The focus of the initial assessment should be the safety and welfare of the child. It is important to remember that even if the reason for a referral was a concern about abuse or neglect that is not subsequently substantiated, a family may still benefit from support and practical help to promote a child's health and development. Following, or as part of an initial assessment, the social services department will: ·

Decide on courses of action, following discussion with the child and family, unless such a discussion may place a child at risk of significant harm. · Where it is clear that there should be a police investigation in parallel with a s.47 enquiry, the following considerations should apply: a) Children are a key, and sometimes the only, source of information about what has happened to them, especially in child sexual abuse cases, but also in physical and other forms of abuse. b) Accurate and complete information is essential for taking action to promote the welfare of the child, as well as for any criminal proceedings which may be instigated concerning an alleged perpetrator of abuse. c) When children are first approached, the nature and extent of any harm suffered by them may not be clear, nor whether a criminal offence has been committed. d) It is important that even initial discussions with children are conducted in a way that minimises any distress caused to them, and maximises the likelihood that they will provide accurate and complete information. e) It is important, wherever possible, to have communication with a child separately from their parents or others. f) Leading or suggestive communication should always be avoided. g) Children may need time, and more than one opportunity, in order to develop sufficient trust to communicate any concerns they may have, especially if they have communication difficulties, learning difficulties, are very young, or are experiencing mental health problems. · Exceptionally, a joint enquiries/investigation team may need to speak to a suspected child victim without the knowledge of the parent or carer. Relevant circumstances would include: a) the possibility that a child would be threatened or otherwise coerced into silence; b) a strong likelihood that important evidence would be destroyed; or c) that the child in question did not wish the parent to be involved at that stage, and is competent to take that decision. · In all cases where the police are involved the strategy discussion should be the forum for deciding what, how, when, and by whom the child/parents/carer should be told as this could have a bearing on the conduct of enquiries/investigation . · Whatever decisions are taken, they should be endorsed at a managerial level agreed within the social services department, and recorded in writing, with the reasons for them. · The family, the original referrer, and other professionals and services involved in the assessment or the provision of information should, as far as possible, be told what action has been taken, consistent with respecting the confidentiality of the child and family concerned, and not jeopardising further action in respect of child protection concerns (which may include police investigations).

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Next Steps - No Suspected Actual or Likely Significant Harm An initial assessment may indicate that a child may be 'in need' as defined by s.17 of the Children Act 1989, but that there are no substantiated concerns that the child may be suffering, or at risk of suffering significant harm. In these circumstances, the Framework for the Assessment of Children in Need and their Families provides a framework for a core assessment of a child's health and development, and the parents' capacity to respond to their child's needs. This core assessment can provide a sound evidence base for professional judgements on whether services would be helpful to a child and family, and if so, types of service that are most likely to bring about good outcomes for the child. Family Group Conferences may be an effective vehicle for taking forward work in such cases. The definition of a 'child in need' is wide, and it will embrace children in a diverse range of circumstances. The types of services that may help such children and their families will vary greatly according to their needs and circumstances. Social workers should therefore: · Decide whether the child may be a child in need and if so, whether it would be appropriate to undertake a core assessment in order to determine what help may benefit the child and family or alternatively whether to offer services to the child or family based on the findings of the initial assessment. · Discuss any options for further action with the child and parents in the light of the findings of the initial assessment and consideration of what would be most helpful to the child and family. · Discuss the findings of the initial assessment with other relevant professionals to inform decisions about what types of services, including a core assessment, it would be appropriate to offer.

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Next Steps - Suspected Actual or Likely Significant Harm Where a child is suspected to be suffering, or likely to suffer, significant harm, local authority social services are required by s.47 of the Children Act 1989 to make enquiries, to enable the local authority to decide whether it should take any action to safeguard or promote the child's welfare. The Framework for the Assessment of Children in Need and their Families provides a structured framework for collecting, drawing together and analysing available information about a child and family. It will help provide sound evidence on which to base often difficult professional judgements about whether to intervene to safeguard a child and promote his or her welfare and, if so, how best to do so and with what intended outcomes. Social services should initiate a strategy discussion, to be held at the earliest opportunity, to enable them, together with other agencies, to decide whether to initiate enquiries under s47 of the Children Act 1989 and therefore to commence a core assessment as the means by which these enquiries will be undertaken.

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Immediate Protection Where there is a risk to the life of a child or a likelihood of serious immediate harm: · An agency with statutory child protection powers should act quickly to secure the immediate safety of the child. · Emergency action might be necessary as soon as a referral is received, or at any point in involvement with children and families. · The need for emergency action may become apparent only over time as more is learned about the circumstances of a child or children. Neglect, as well as abuse, can pose such a risk of significant harm to a child that urgent protective action is needed. · When considering whether emergency action is necessary, an agency should always consider whether action is also required to safeguard other children in the same household (e.g. siblings), the household of an alleged perpetrator, or elsewhere. Planned emergency action will normally take place following an immediate strategy discussion between the police, social services, and other agencies as appropriate (including the NSPCC where involved). Where a single agency has to act immediately to protect a child it should: · Normally obtain legal advice before initiating legal action, in particular when an Emergency Protection Order is to be sought. (Police protection powers should only be used in exceptional circumstances where there is insufficient time to seek an Emergency Protection Order or for reasons relating to the immediate safety of the child.) · Initiate a strategy discussion immediately to discuss planned emergency action or as soon as possible after an agency has had to take immediate protective action to plan next steps. · See the child (this should be done by a practitioner from the agency ) as part of deciding how best to protect him or her, including deciding whether to seek an emergency order. · When considering whether emergency action is necessary, always consider whether action is required to safeguard other children in the same household (for example siblings), in the household of an alleged perpetrator, or elsewhere. · Take account of the nature of the abuse which will be a key determining factor i.e. where there is a risk to the life of a child or a likelihood of serious immediate harm then immediate action ought to be taken. · Record the decisions made at the Strategy Discussion. · Keep under constant review decisions about possible immediate action.

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In some cases, it may be sufficient to secure a child's safety by a parent taking action to remove an alleged perpetrator or by the alleged perpetrator agreeing to leave the home. In other cases, it may be necessary to ensure either that the child remains in a safe place or that the child is removed to a safe place, either on a voluntary basis or by obtaining an emergency protection order. The police also have powers to remove a child to suitable accommodation in cases of emergency. If it is necessary to remove a child, a local authority should wherever possible - and unless a child's safety is otherwise at immediate risk - apply for an emergency protection order, and should not seek to use police protection powers for this purpose. The local authority in whose area a child is found, in circumstances that require emergency action, is responsible for taking that action. If the child is looked after by, or on the child protection register of, another authority: · the authority in whose area the child is found should consult the authority responsible for the child; · only if the looking after or registering local authority explicitly accepts responsibility is the first authority in whose area the child is found relieved of the responsibility to take emergency action; · such acceptance should be confirmed in writing. In the case of emergency action which may involve a proposal to place a child in a different school (including an independent school) the responsible local authority should: · inform the child’s home local education authority; and · inform the local education authority for the area in which the school is located, where these are different authorities. Emergency action addresses only the immediate circumstances of the child(ren) and should be followed quickly by further enquiries under s.47 as necessary. The agencies primarily involved with the child and family should assess the circumstances of the child and family, and agree action to safeguard the child in the longer-term and to promote his or her welfare. Where an emergency protection order applies, the social services department needs to consider quickly whether to initiate care or other proceedings, or to let the order lapse and the child return home.

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The Strategy Discussion Whenever there is reasonable cause to suspect that a child is suffering, or is likely to suffer significant harm, there should be a strategy discussion involving the social services department and the police, and other agencies as appropriate (e.g. education and health), in particular any referring agency. Where a medical examination may be needed, or has already taken place, a senior doctor from the providing service should be included in the strategy discussion. A strategy discussion may take place at a meeting or by other means (e.g. by telephone). Any information shared, all decisions reached, and the basis for those decisions, should be clearly recorded by all parties to the discussion. It may take place following a referral, or at any other time (e.g. if concerns about significant harm emerge in respect of child receiving support under s.17). The staff involved in a strategy discussion should be sufficiently senior to be able to contribute to the discussion of information, and to make decisions on behalf of their agencies. The agencies represented should include at a minimum, social services and the police, and other agencies as appropriate, including, the child’s nursery/school and health and, in particular, the referring agency. The following professionals may be involved in a strategy discussion: · Where the child is a hospital patient (in- or out- patient) or receiving services from a child development team, the strategy discussion should involve the medical consultant responsible for the child’s health care and, if the child is an in-patient, a senior ward nurse. · Where a medical examination may be necessary or has already taken place a senior doctor from the providing service should be included. · It may also be appropriate to involve the local authority’s solicitor. · It is important also to consider whether it is necessary to include in the strategy discussion, or seek advice from, additional professionals who have expertise in the particular type of suspected maltreatment or neglect. This would enable complex information to be presented and evaluated from a sound evidence base. The discussion should be used to: · share available information; · decide whether s.47 enquiries should be initiated or continued if they have already begun; · plan how enquiries should be handled, including the need for a medical examination and treatment, and by whom; · agree what action is needed immediately to safeguard the child, and/or provide interim services and support; and · determine what information about the strategy discussion will be shared with the family, unless such information sharing may place a child at risk of significant harm or jeopardise police investigations into any alleged offence(s).

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The strategy discussion should: ·

agree a plan for s.47 enquiries as part of the core assessment - what further information is needed about the child/ren and family and how it should be obtained;

·

consider the needs of other children who may be affected e.g. siblings and other children in contact with alleged abusers;

·

agree who should be interviewed, by whom, for what purpose, and when. The way in which interviews are conducted can play a significant part in minimising any distress caused to children, and increasing the likelihood of maintaining constructive working relationships with families. When a criminal offence may have been committed against a child, the timing and handling of interviews with victims, their families and witnesses, can have important implications for the collection and preservation of evidence; consider carefully what parents are told, when and by whom. The police, GP, health visitor, school nurse, any paediatrician who knows the child, the senior ward nurse (if the child is an in-patient), teacher and other relevant professionals should be involved in making these decisions;

·

in the light of the race and ethnicity of the child and family or any other special needs, consider how this should be taken into account in enquiries, and establish whether an interpreter or intermediary will be needed;

·

consider carefully what parents are told, when and by whom. The police, GP, health visitor, school nurse, any paediatrician who knows the child, the senior ward nurse (if the child is an in-patient), teacher and other relevant professionals should be involved in making these decisions.

The social worker, in discussion with her/his manager, should: · If the child is physically present in the local authority’s area, regardless of where he or she actually lives, consider whether there is sufficient cause for concern to support commencing s47 enquiries, or to apply for an emergency protection order unless appropriate alternative arrangements have been made with an authority where the child is normally resident. · if the child is normally resident in another authority, negotiate a transfer of statutory responsibility to the child’s authority of normal residence and agree how the child’s case will be managed. In these circumstances who takes lead responsibility will depend on a number of factors, such as where the child is going to continue to be living in the near future and whether the allegations relate to a person living or working in the same area as the child is living currently or not. Only where the authority where the child is normally resident agrees to take over the responsibility · for s47 enquires can the authority in whose are the child is “found” relinquish responsibility. The agreement between the authorities must be confirmed in writing. · consider whether there is cause for concern that a criminal offence may have been committed against a child and if there is they should involve the police as soon as · possible through a strategy discussion, which should also include other relevant agencies, to consider how to proceed to safeguard the child.

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All strategy discussions should be minuted. Any information shared, all decisions reached, the basis for those decisions, agreed action, and when and by whom agreed actions should be undertaken should be clearly recorded by all parties to the discussion. A team manager or senior social worker should… · Ensure that the strategy discussion takes place and that it considers the child’s welfare and plans future actions. · Ensure that the discussion identifies what information will be shared with the family and child, on the basis that the information is not shared if to do so may place a child at risk of significant harm or jeopardise police investigations. · Record the agreed decisions and actions, including any timetable for actions and details of individuals responsible for those actions, on the Strategy Discussion Record and send this record to all relevant professionals and agencies within 24 hours of the strategy discussion. · Consider and record what further action is required where an Emergency Protection Order is in place or the child is the subject of police powers of protection.

Significant harm to children gives rise to both child welfare concerns and law enforcement concerns, and s.47 enquiries may run concurrently with police investigations concerning possible associated crime(s). The police have a duty to carry out thorough and professional investigations into allegations of crime, and the obtaining of clear strong evidence is in the best interests of a child, since it makes it less likely that a child victim will have to give evidence in criminal court. Enquiries may, therefore, give rise to information which is relevant to decisions which have to be taken by both the social services department and the police. They need to create the basis for future support and help to the child and family on a planned, co-ordinated basis. They may contribute to legal proceedings, whether criminal, civil or both. Social services and the police should work within a protocol agreed by both agencies to guide them in deciding how s.47 enquiries and associated police investigations should be conducted, and in particular, in what circumstances s.47 enquiries and linked criminal investigations are necessary and/or appropriate. The protocol should take account of the role of other agencies, be incorporated in the local ACPC procedures and be endorsed by the ACPC.

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S.47 Enquiries and Core Assessment A core assessment is an in-depth assessment that addresses the central or most important aspects of the needs of a child and the capacity of his or her parents or caregivers to respond appropriately to these needs within the wider family and community context. The core assessment should begin by focusing primarily on the information identified during the initial assessment as being of most importance when considering whether the child is suffering or is likely to suffer significant harm. It should, however, cover all relevant dimensions in the Assessment Framework before its completion. The objective of local authority enquiries conducted under s.47 is to determine whether action is needed to promote and safeguard the welfare of the child or children who are the subject of the enquiries. The guidance for carrying out a core assessment is contained within the Framework for the Assessment of Children in Need and their Families and provides a structure for collecting and analysing information obtained in the course of s.47 enquiries. Those making enquiries should always be alert to the potential needs and safety of any siblings, or other children in the household of the child in question. In addition, they should be alert to the potential needs and safety of other children with whom the alleged offender may have had contact. At the same time, the police will need (where relevant) to establish the facts and collect evidence about any offence that may have been committed against a child. Assessing the needs of a child and the capacity of their parents or wider family network adequately to ensure their safety, health, and development, very often depends on building a picture of the child's situation on the basis of information from many sources. Enquiries should always involve separate interviews with the child who is the subject of concern and - in the great majority of cases - interviews with parents and/or carers, and observation of the interactions between parents and child/ren. Enquiries may also include interviews with those who are personally and professionally connected with the child; specific examinations or assessments of the child by other professionals (e.g. medical or developmental checks, assessment of emotional or psychological state); and interviews with those who are personally and professionally connected with the child's parents and/or carers. Individuals should always be enabled to participate fully in the enquiry process. Where the worker undertaking the assessment is unable to conduct interviews in the method of communication/language of the child, parent or other interview subjects or contributor to the assessment, they should have appropriate assistance to enable them to conduct a competent assessment. The assessment process should take account of the child’s age and understanding, and any communication impairments and if the child is unable to take part in an interview because of this, an alternative means of gaining an understanding of the child's perspective, views, wishes and feelings should be used, including observation where children are very young or where they have communication difficulties.

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Children are a key, and sometimes the only, source of information about what has happened to them, especially in child sexual abuse cases, but also in physical and other forms of abuse. Accurate and complete information is essential for taking action to promote the welfare of the child, as well as for any criminal proceedings which may be instigated concerning an alleged perpetrator of abuse. When children are first approached, the nature and extent of any harm suffered by them may not be clear, nor whether a criminal offence has been committed. It is important that even initial discussions with children are conducted in a way that minimises any distress caused to them, and maximises the likelihood that they will provide accurate and complete information. It is important, wherever possible, to have separate communication with a child. Leading or suggestive communication should always be avoided. Children may need time, and more than one opportunity, in order to develop sufficient trust to communicate any concerns they may have, especially if they have communication difficulties, learning difficulties, are very young, or are experiencing mental health problems. In undertaking a core assessment, the child’s social workers should… · Lead on the core assessment as set out in the Framework for the Assessment of Children in Need and their Families and record the findings. · In particular, see the child and communicate with him or her to assess their understanding, if old enough, of their situation and the nature of their relationship with each significant family member (including all caregivers). · Determine each of the caregivers' relationships with the child, the parents’ relationship with each other and the children in the family, as well as the wider family, social and environmental factors impacting on them. Use relevant Questionnaires & Scales (see Appendix 1 for details) to obtain information on specific areas of family life. · When interviewing carers/parents avoid giving greater weight to what they say as opposed to what the child says. · Systematically gather information about the history of the child and each family member, building on that already gathered during the course of each agency's involvement with the child and record it in the chronology. Use the findings from any specific assessments of the child and/or family members to inform the core assessment. · Keep careful and detailed notes, as this is very important for any subsequent police investigation or court action. Record any unusual events and make a distinction between events reported by the carer and those actually witnessed by others including professionals. Notes should be timed, dated and signed legibly and kept in a secure place so that they are not able to be accessed by unauthorised persons. · At the conclusion of this phase of the assessment, together with their manager and other professionals as appropriate, analyse the findings to reach an understanding of the child’s circumstances which should inform future plans, case objectives and decisions about what types of services should be provided.

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Exceptionally, a joint enquiries/investigation team may need to speak to a suspected child victim without the knowledge of the parent or carer. 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.

In all cases where the police are involved, the decision about when to inform the parent or carer will have a bearing on the conduct of police investigations, and the strategy discussion should decide how, when, what and by whom parents/carers should be informed on the most appropriate timing of parental participation. The Children Act 1989 places a statutory duty on health, education and other services, to help social services authorities with their enquiries. The professionals conducting enquiries should do their utmost to secure willing co-operation and participation from all professionals and services, by being prepared to explain and justify their actions, and to demonstrate that the process is being managed in a way which can help to bring about better outcomes for children. The ACPC has an important role to play in cultivating and promoting a climate of trust and understanding between different professionals and services. Investigative Interviews of Children Sometimes there will be a need for an investigative interview, with a view to gathering evidence for criminal proceedings. A child should never be interviewed in the presence of an alleged or suspected perpetrator of abuse, or somebody who may be colluding with a perpetrator. The guidance in Achieving Best Evidence: Guidance for Vulnerable or Intimidated Witnesses, including Children should be followed for all videotaped investigative interviews with children. In particular: · All such interviews with children should be conducted by those with specialist training and experience in interviewing children. · Additional specialist help may be needed if the child's first language is not Welsh or English; the child appears to have a degree of psychiatric disturbance but is deemed competent; the child has an impairment; or where interviewers do not have adequate knowledge and understanding of the child's racial, religious or cultural background. · Consideration should also be given to the gender of interviewers, particularly in cases of alleged sexual abuse. Criminal justice legislation, in particular the Youth Justice and Criminal Evidence Act 1999, creates particular obligations for Courts who are dealing with witnesses under 17 years of age. These include the presumption of evidence giving through prerecorded videos, as well as the use of live video links for further evidence giving and cross-examination. Cross- examination in pre-trial video hearings may also occur in relevant cases.

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Child Assessment Orders The local authority should make all reasonable efforts to persuade parents to cooperate with s.47 enquiries. If, despite these efforts, the parents continue to refuse access to a child for the purpose of establishing basic facts about the child's condition – but concerns about the child's safety are not so urgent as to require an emergency protection order - a local authority may apply to the court for a child assessment order. In these circumstances, the court may direct the parents/carers to co-operate with an assessment of the child, the details of which should be specified. The order does not take away the child's own right to refuse to participate in an assessment, e.g. a medical examination, so long as he or she is of sufficient age and understanding. The Impact of Enquiries on the Family and Child Enquiries should always be carried out in such a way as to minimise distress to the child, and to ensure that families are treated sensitively and with respect. Social services should explain the purpose and outcome of s.47 enquiries to the parents and child (having regard to age and understanding) and be prepared to answer questions openly, unless to do so would affect the safety and welfare of the child. It is particularly helpful for families if social services provide written information about the purpose, process and potential outcomes of s.47 enquiries. The information should be both general and specific to the particular circumstances under enquiry. It should include information about how advice, advocacy and support may be obtained from independent sources. In the great majority of cases, children remain with their families following enquiries, even where concerns about abuse or neglect are substantiated. As far as possible, enquiries should be conducted in a way that allows for future constructive working relationships with families. The way in which a case is handled initially can affect the entire subsequent process. Where handled well and sensitively, there can be a positive effect on the eventual outcome for the child.

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The Outcome of S.47 Enquiries Social services should decide how to proceed following s.47 enquiries, after discussion between all those who have conducted, or been significantly involved in those enquiries, including relevant professionals and agencies, as well as foster carers where involved, and the child and parents themselves. The outcome of s.47 enquiries should be recorded and parents (together with professionals and agencies who have been significantly involved) should receive a copy of this record, in particular in advance of any initial child conference that is convened. It may be valuable, following an evaluation of the outcome of enquiries, to make recommendations for action in an inter-disciplinary forum, if the case is not going forward to a child protection conference. Enquiries may result in a number of outcomes. Concerns are not Substantiated Enquiries may not substantiate the original concerns about the child being at risk of, or suffering, significant harm. In these circumstances, no further action may be necessary. However, social services and other relevant agencies as necessary, should always consider with the family whether there is a need for support and/or services; how the child and family might be provided with help, if they wish it; and by whom. The focus of child protection enquiries is the welfare of the child, and enquiries may well reveal a range of needs. A great many children who are the subject of child protection enquiries will fall within the definition of 'children in need'. The provision of help to these children and their families should not be dependent on the presence of abuse and neglect. Help and support to children in need and their families may help avoid problems developing into abuse or neglect. In some cases, there may remain concerns about significant harm, but no real evidence. It may be appropriate to put in place arrangements to monitor the child's welfare (e.g. through a health visitor or school). Monitoring should never be used as a means of deferring or avoiding difficult decisions. The purpose of monitoring should always be clear, i.e. what is being monitored and why, in what way and by whom. It will also be important to inform parents about the nature of any on-going concern. There should be a time set for reviewing the monitoring arrangements through holding a further discussion or meeting. Social workers should… ·

Discuss with the parents and other professionals, drawing on an understanding from the assessment and/or police investigations, what further help or support the family may require, for example with parenting difficulties. This may be related to the child’s health or development or to more general matters within the family.

·

Consider whether the child’s health and development require continued monitoring against specific objectives and who has responsibility for this monitoring.

·

Consider whether further work is required to complete the core assessment in order to decide what further help or support the family may require, and if so, complete it.

·

Record all decisions and the reasons for them on the Outcome of the s47 Enquiries Record.

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Other professionals should… · Participate in these discussions and considerations when requested. · Contribute to the completion of the core assessment as appropriate. · Provide services as specified in the plan for the child.

Concerns are Substantiated, but the Child is not Judged to be at Continuing Risk of Significant Harm There may be substantiated concerns that a child has suffered significant harm, but it is agreed between the agencies most involved and the child and family, that a plan for ensuring the child's future safety and welfare can be developed and implemented without the need for a child protection conference or a child protection plan. Such an approach will be of particular relevance where it is clear to the agencies involved that there is no continuing risk of significant harm. A child protection conference may not be required when there are sound reasons, based on an analysis of evidence obtained through enquiries, for judging that a child is not at continuing risk of significant harm. This may be because circumstances have changed, for example, where the carer has taken responsibility for the harm they caused the child, the family's circumstances have changed or the person responsible for the harm is no longer in contact with the child or has permanently left the household. It may be because significant harm was incurred as the result of an isolated abusive incident (e.g. abuse by a stranger). The agencies most involved may judge that a parent, carer, or members of the child's wider family are willing and able to co-operate with actions to ensure the child's future safety and well-being and that the child is therefore not at continuing risk of significant harm. This judgement can only be made in the light of all relevant information obtained during enquiries, and a soundly based assessment of the likelihood of successful intervention, based on clear evidence and mindful of the dangers of misplaced professional optimism. It is important to seek children's views and take account of their wishes and feelings, according to their age and understanding. In these circumstances, a meeting of involved professionals and family members may, nonetheless, be useful to agree what actions should be undertaken by whom, and with what intended outcomes for the child's safety and development, including the provision of therapeutic services. Whatever process is used to plan future action, the resulting plan should be informed by the assessment findings. It should set out who will have responsibility for what actions, including what course of action should be followed if the plan is not being successfully implemented. It should also include a timescale for review of progress against intended outcomes. Family Group Conferences may have a role to play in fulfilling these tasks. Social services should take carefully any decision not to proceed to a child protection conference where it is known that a child has suffered significant harm. A suitably qualified and designated person within the social services department should endorse the decision. Those professionals and agencies who are most involved with the child and family, and those who have taken part in enquiries, have the right to request that social services convene a child protection conference if they have serious concerns that

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a child may not otherwise be adequately safeguarded. Any such request that is supported by a senior manager, or a named or designated professional, should normally be agreed. Where there remain differences of view over the need for a conference in a specific case, every effort should be made to resolve them through discussion and explanation, but as a last resort ACPCs should have in place a quick and straightforward means of resolving differences of opinion. Social workers should… · Discuss the findings of the s47 enquiry and agree with the other agencies involved with the child and family that a plan for ensuring the child’s future safety and welfare can be developed and implemented without the need for a child protection conference or a child protection plan. · Record all decisions and reasons for them. · If necessary, complete the core assessment, to inform the development of the child’s plan. In particular, the child’s health and development may require careful monitoring over time with milestones for progress clearly set out in the plan. · Explain to the child, as appropriate, and the parents, the nature and purpose of this monitoring by agencies other than social services, and clarify who has responsibility for which parts of the monitoring. Social services managers should… · Consider carefully, together with social workers and other agencies, whether to proceed to a child protection conference where it is known that a child has suffered significant harm. · Convene a child protection conference where all agencies agree this is appropriate, or where one or more other professionals, supported by a senior manager or a named or designated professional, requests one. Other professionals should… · Be fully involved in decisions and any future plan for the child and family. · Be fully involved in discussions about whether to convene a child protection conference. · Request that social services convene a child protection conference if you have serious concerns that a child may not otherwise be adequately safeguarded.

Concerns are Substantiated and the Child is Judged to be at Continuing Risk of Significant Harm Where the agencies most involved judge that a child may continue to suffer, or to be at risk of suffering significant harm, social services should convene a child protection conference. The aim of the conference is to enable those professionals most involved with the child and family, and the family themselves, to assess all relevant information, and plan how to safeguard the child and promote his or her welfare.

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The Initial Child Protection Conference Purpose The initial child protection conference brings together family members, the child where appropriate, and those professionals most involved with the child and family, following s.47 enquiries. Its purpose is: · to bring together and analyse in an inter-agency setting the information which has been obtained about the child's health, development and functioning, and the parents' or carers' capacity to ensure the child's safety and promote the child's health and development; · to make judgements about the likelihood of a child suffering significant harm in future; and · to decide what future action is needed to safeguard the child and promote his or her welfare, how that action will be taken forward, and with what intended outcomes. Timing The timing of an initial child protection conference will depend on the urgency of the case and on the time needed to obtain relevant information about the child and family. If the conference is to reach well-informed decisions based on evidence, it should take place following adequate preparation and assessment. At the same time, cases where children are at risk of significant harm should not be allowed to drift. Consequently, all initial child protection conferences should take place within 15 working days of the strategy discussion. Attendance Those attending conferences should be there because they have a significant contribution to make, arising from professional expertise, knowledge of the child or family or both. There should be sufficient information and expertise available - through personal representation and written reports - to enable the conference to make an informed decision about what action is needed to safeguard the child and promote his or her welfare, and to make realistic and workable proposals for taking that action forward. At the same time, a conference which is larger than it needs to be can inhibit discussion and intimidate the child and family members. Those who have a relevant contribution to make may include: · · · ·

family members (including the wider family); social services staff who have undertaken an assessment of the child and family; foster carers (current or former); professionals involved with the child (e.g. health visitors, midwife, school nurse, guardian ad litem, paediatrician, education staff, early years staff, the GP); · professionals involved with the parents (e.g. family support services, adult mental health services, probation, the GP);

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· · · ·

those involved in enquiries (e.g. the police); local authority legal services (child care); NSPCC or other involved voluntary organisations; a representative of the armed services, in cases where there is a Service connection.

Involving the Child and Family Members Before a conference is held the social worker should explain: · the purpose of a conference; · who will attend; and · the way in which it will operate should always be explained to a child of sufficient age and understanding, and to the parents and involved family members.

The parents should, normally: · be invited to attend the conference; · helped fully to participate. · be given information by social services about local advice and advocacy agencies; and · be advised that they may bring an advocate, friend or supporter. The child, subject to consideration about age and understanding, should be given the opportunity: · to attend if s/he wishes; and · to bring an advocate, friend or supporter. Where the child's attendance is neither desired by him/her nor appropriate, the social services professional who is working most closely with the child should ascertain what his/her wishes and feelings are, and make these known to the conference. The involvement of family members should be planned carefully. Exceptionally, it may be necessary to exclude one or more family members from a conference, in whole or in part. ACPC procedures should set out criteria for excluding a parent or carer, including the evidence required, and planning for the conference should therefore take account of the following: · It may not always be possible to involve all family members at all times in the conference, for example, if one parent is the alleged abuser or if there is a high level of conflict between family members. · Adults and any children who wish to make representations to the conference may not wish to speak in front of one another.

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· Professionals may themselves have concerns about violence or intimidation, which should be communicated in advance to the conference chair. · A strong risk of violence or intimidation by a family member at or subsequent to the conference, towards a child or anybody else, might be one reason for exclusion. · The possibility that a parent/carer may be prosecuted for an offence against a child is not in itself a reason for exclusion although in these circumstances the chair should take advice from the police about any implications arising from an alleged perpetrator's attendance. · If criminal proceedings have been instigated, the view of the Crown Prosecution Service should be taken into account. The conference is primarily about the child, and while the presence of the family is normally welcome, those professionals attending must be able to share information in a safe and non-threatening environment. The decision to exclude a parent or carer from the child protection conference rests with the chair of the conference, acting within ACPC procedures. If the parents are excluded, or are unable or unwilling to attend a child protection conference, they should be enabled to communicate their views to the conference by another means. The Quorum for a Child Protection Conference The relevant ACPC protocol should specify a required quorum for attendance, and list those who should be invited to attend, provided that they have a relevant contribution to make. As a minimum, at every conference there should be attendance by social services and at least two other professional groups or agencies, who have had direct contact with the child who is the subject of the conference. In addition, attendees may also include those whose contribution relates to their professional expertise or responsibility for relevant services. In exceptional cases, where a child has not had relevant contact with three agencies (i.e. the SSD and two others), this minimum quorum may be breached. Professionals and agencies that are invited but are unable to attend should submit a written report.

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In setting up a child protection conference, social services managers should: · Ensure that the conference is convened, within 15 working days of the strategy discussion (or the last, if more than one has been held) to enable those professionals most involved with the child and family, and the child and family themselves, to assess all relevant information, and plan how to safeguard the child and promote his or her welfare. · Ensure that all relevant professionals (those who have been involved in the child’s life) are invited and able to attend, as well as those who are likely to be involved in future work with the child and family. In complex cases, you should consider whether to invite a professional who has expertise in the particular type of harm suffered by the child or in a child’s particular condition, for example, a disability or long term illness. In all cases, the most relevant person from each agency should be invited. · Consider whether to seek advice from, or have present, a medical professional who can present the medical information in a manner which can be understood by conference attendees and enable such information to be evaluated from a sound evidence base. · Ensure the parents are invited and helped to participate. Family members should be given the child protection conference reports in advance of the conference and they should be written in their preferred language. Where necessary, you should discuss with the conference chair (who may wish to discuss with police officers) whether it may be necessary to exclude one or more family members from all or part of the conference. It may not be possible for all family members to be present at the same time, and the extent and manner of involvement of family members should be informed by what is known about them. · Discuss with the conference chair whether any steps are required to protect professional staff from intimidation either in the conference or after it, perhaps through police or legal action, and initiate this action if necessary. · Ensure that the decisions are recorded, the reasons for them and what actions to be taken by whom and by when. Social workers should: · Involve the child in a way appropriate to their age and understanding. This includes talking to them about the purpose of the conference, the means by which they want to express their views (including by attending), as well as what they want said to whom and sharing the conference reports with them in advance. Some children may not understand what has been happening to them and may, therefore, find it difficult to understand what you are telling them. Others may be very clear but may not have been able to talk to a trusted adult or may not have been listened to. All are likely to have suffered emotional abuse. This means that you should make sure before any discussions that the child knows he or she is now safe. · Involve the parents as appropriate and share your report with them in advance of the conference. · Bring information from all sources together into a systematic chronology. Bring to the chair’s attention, for resolution at the conference, any contradictory information. · Prepare a report for the Child Protection Conference.

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GPs and/or medical consultants should: · Closely collaborate with the member of staff in the Trust responsible for drawing up the report for the child protection conference especially where the child’s medical history is complex. · Where the child is an in-patient, consider with ward staff and colleagues in the core agencies how best to ensure safe transfer of the child to primary care services, at the appropriate point. · Make every effort to attend the child protection conference. All practitioners should: · Contribute to their agency’s written report in advance of the conference, which sets out the nature of involvement of staff at the agency with the family. · Consider, with the conference chair, who may wish to involve the police in these discussions, whether their reports can and should be shared with the parents, and if so, when. · Where invited, attend the conference, and take a full part in decision making.

Chairing the Conference A professional who is independent of operational or line management responsibilities for the case should chair the conference. The status of the chair should be sufficient to ensure inter-agency commitment to the conference and the child protection plan. Wherever possible, the same person should also chair subsequent child protection reviews in respect of a specific child. The responsibilities of the chair include: · meeting the child and family members in advance, to ensure that they understand the purpose of the conference and what will happen; · setting out the purpose of the conference to all present, determining the agenda and emphasising the confidential nature of the occasion; · enabling all those present, and absent contributors, to make their full contribution to discussion and decision-making; and · ensuring that the conference takes the decisions required of it, in an informed, systematic and explicit way.

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A conference chair should be trained in the role and should have: · a good understanding and professional knowledge of children's welfare and development, and best practice in working with children and families; · the ability to look objectively at, and assess the implications of the evidence on which judgements should be based; · skills in chairing meetings in a way which encourages constructive participation, while maintaining a clear focus on the welfare of the child and the decisions which need to be taken; and · knowledge and understanding of anti-discriminatory practice. Information for the Conference Social services should provide to the conference a written report which summarises and analyses the information obtained in the course of the initial assessment and s.47 enquiries, guided by the framework set out in the Framework for the Assessment of Children in Need and their Families. It is, of course, unlikely that a core assessment will have been completed in time for the conference, given the 35 working day period that such assessments are expected to require. In preparing the report for the conference, social services should ensure that it includes: · a chronology of significant events and agency and professional contact with the child and family; · information on the child's current and past state of health and development; · information on the capacity of the parents and other family members to ensure the child's safety from harm, and to promote the child's health and development; · the expressed views, wishes and feelings of the child, parents, and other family members; and · analysis of the implications of the information obtained for the child's future safety, health and development. Parents and children, where relevant, should be provided with a copy of this report in advance of the conference which should also be explained and discussed in advance of the conference itself, in the preferred language(s) of the family. Other professionals attending the conference should bring with them details of their involvement with the child and family, and information concerning their knowledge of the child's health and development, and the capacity of the parents to safeguard the child and promote the child's health and development. It is good practice for contributors to provide in advance a written report to the conference that should be made available to those attending. Children and family members should be helped in advance to think about what they want to convey to the conference and how best to get their points across on the day. Some may find it helpful to provide their own written report, which they may be assisted to prepare by their adviser/advocate.

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All those providing information should take care to distinguish between fact, observation, allegation and opinion. Action and Decisions for the Conference The conference should consider the following question when determining whether to register a child: · Is the child at continuing risk of significant harm? The test should be 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 are likely; or · 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 or development as a result of physical, emotional, or sexual abuse or neglect. If the child is at continuing risk of significant harm, it will therefore be the case that safeguarding the child requires inter-agency help and intervention delivered through a formal child protection plan. It is also the role of the initial child protection conference to formulate the outline child protection plan, in as much detail as is possible. Conference participants should base their judgements on all the available evidence obtained through existing records, the initial assessment and the fuller s.47 enquiries. The method of reaching a decision within the conference on whether the test for registration is satisfied should be set out in the relevant ACPC protocol. The decisionmaking process should be based on the views of all agencies represented at the conference, and also take into account any written contributions that have been made. If a decision is taken that the child is at continuing risk of significant harm and hence in need of a child protection plan and registration, the chair should determine under which category of abuse the child's name should be registered. The category used in registration (i.e. physical, emotional, sexual abuse or neglect) will indicate to those consulting the register the primary presenting concerns at the time of registration. A child's name may not be placed on the register, but he or she may nonetheless be in need of help to promote his or her health or development. In these circumstances, the conference should ensure that arrangements are in place to consider with the family what further help and support might be offered. Subject to the family's views and consent, it may be appropriate to continue with a core assessment of the child's needs to help determine what support might best help promote the child's health and development. Where the child's needs are complex, inter-agency working will continue to be important. Where a child's name is placed on the register, the act of registration itself confers no protection on a child, and should always be accompanied by a child protection plan. It is the responsibility of the conference to consider and make recommendations on how

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agencies, professionals and the family should work together to ensure that the child will be safeguarded from harm in the future. This should enable both professionals and the family to understand exactly what is expected of them and what they can expect of others. Specific tasks include the following: · appointing a key worker; · identifying the membership of a core group of professionals and family members who will develop and implement the child protection plan as a detailed working tool; · establishing how children, parents (including all those with parental responsibility) and wider family members should be involved in the planning and implementation process, and the support, advice and advocacy available to them; · establishing timescales for meetings of the core group, production of a child protection plan, and for child protection review meetings; · identifying in outline what further core and specialist assessments of the child and family are required to make sound judgements on how best to safeguard the child and promote his or her welfare; · outlining the child protection plan, especially, identifying what needs to change in order to safeguard the child; · considering the need for a contingency plan if circumstances change quickly; and · clarifying the different purpose and remit of the initial conference, the core group, and the child protection review conference. The outline child protection plan should: · identify risks of significant harm to the child and ways in which the child can be protected through an inter-agency plan based on assessment findings; · establish short-term and longer-term aims and objectives that are clearly linked to reducing the risk of harm to the child and promoting the child's welfare; · be clear about who will have responsibility for what actions - including actions by family members - within what specified timescales; · outline ways of monitoring and evaluating progress against the plan; · set out clearly the roles and responsibilities of those professionals with routine contact with the child, e.g. health visitors, GPs and teachers, as well as any specialist or targeted support to the family; and · be clear about which professional is responsible for checking that the required changes have taken place, and what action will be taken, by whom, when they have not. The conference should agree a date for the first child protection review conference, and under what circumstances it might be necessary to convene the conference before that date.

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Complaints about a Child Protection Conference Parents/carers and, on occasion children, may have concerns about which they may wish to make representations or complain, in respect of one or more of the following aspects of the functioning of child protection conferences: · the process of the conference; · the outcome, in terms of the fact of and/or the category of initial or continuing registration; · a decision not to register or to de-register. Complaints about individual agencies, their performance and provision (or nonprovision) of services should be responded to in accordance with the relevant agency's complaints handling process. For example, social services are required (by s.26 of the Children Act 1989) to establish complaints procedures to deal with complaints arising in respect of Part III of the Act. Complaints about aspects of the functioning of conferences described above should be addressed to the conference chair. Such complaints should be passed on to the social services department which, since they relate to Part V of the Children Act 1989, should be responded to in accordance with the Complaints Directions 1990. In considering and responding to complaints, the local authority should form an interagency panel made up of senior representatives from ACPC member agencies. The panel should consider whether the relevant inter-agency protocols and procedures have been observed correctly, and whether the decision that is being complained about follows reasonably from the proper observation of the protocol(s). In addition, representations and complaints may be received by individual agencies in respect of services provided (or not provided) as a consequence of assessments and conferences, including those set out in child protection plans. Such concerns should be responded to by the relevant agency in accordance with its own processes for responding to such matters. Administrative Arrangements and Record Keeping 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 as many people as possible. All child protection conferences, both initial and review, should have a dedicated person to take notes and produce minutes of the meeting. The written record of the conference is a crucial working document for all relevant professionals and the family. It should include the essential facts of the case; a summary of discussion at the conference, which accurately reflects contributions made; all decisions reached, with information outlining the reasons for decisions; and a translation of decisions into an outline or revised child protection plan, enabling everyone to be clear about their tasks. The record of the conference should be agreed by the chair prior to distribution. A copy should be sent as soon as possible after the conference to all those who attended or were invited to attend, including family members, except for any part of the conference from which they were excluded.

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The record is confidential and should not be passed by professionals to third parties without the consent of either the conference chair or the key worker. However, in cases of criminal proceedings, the police may reveal the existence of the notes to the CPS in accordance with the Criminal Procedure and Investigation Act 1996. Child protection conference minutes, and other records associated with the registration process, should be retained by the recipient agencies and professionals in accordance with their record retention policies.

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Action Following the Initial Child Protection Conference The Role of the Key Worker When a conference decides that a child's name should be placed on the child protection register, one of the child care agencies with statutory powers (the social services department or the NSPCC) should carry future child care responsibility for the case and designate a member of its social work staff to be the key worker. Each child placed on the child protection register should have a named key worker. The key worker is responsible for making sure that the outline child protection plan is developed into a more detailed inter-agency plan. S/he should complete the core assessment of the child and family, securing contributions from Core Group members and others as necessary. The key worker is also responsible for acting as lead worker for the inter-agency work with the child and family. S/he should co-ordinate the contribution of family members and other agencies to planning the actions which need to be taken, putting the child protection plan into effect, and reviewing progress against the objectives set out in the plan. It is important that the role of the key worker is fully explained at the initial child protection conference and at the core group. The named key worker should: · Take a lead role in the core group as set out in Working Together, including ensuring that there is a written record of the action agreed at meetings, and decisions taken, and updating the child protection plan as necessary. · Complete the core assessment within a maximum of 35 working days. Focus particularly on those areas highlighted by the child protection conference as requiring further exploration and understanding. Recognise that some specialist assessments may not be able to be completed within this period, or it may only become clear that certain types of assessments are required part way through or at the end of the core assessment, particularly when the child’s needs are very complex. · Analyse the findings of the assessment to provide an understanding of the child’s needs and parenting capacity to respond appropriately to these needs within their family context and inform planning, case objectives and the nature of service provision (in accordance with Chapter 4 of the Assessment Framework). This understanding will not only refine the child protection plan, but it will also inform decision making at the first child protection review conference. · Complete the Core Assessment Record.

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The Core Group The core group is responsible for developing the child protection plan as a detailed working tool, and implementing it, within the outline plan agreed at the initial child protection conference. Membership should include the key worker, who leads the core group, the child if appropriate, family members, and professionals or foster carers who will have direct contact with the family. Although the key worker has the lead role, all members of the core group are jointly responsible for the formulation and implementation of the child protection plan, refining the plan as needed, and monitoring progress against specified objectives in the plan. Core groups are an important forum for working with parents, wider family members, and children of sufficient age and understanding. It can often be difficult for parents to agree to a child protection plan within the confines of a formal conference. Their agreement may be forged later when details of the plan are worked out in the core group. Sometimes there may be conflicts of interest between family members who have a relevant interest in the work of the core group. The child's best interests should always have precedence over the interests of other family members. In summary, the Core Group should: · Be led by the named key worker, and include the child if appropriate, family members, and professionals or foster carers who will be working with the family. · Arrange for the provision of appropriate services whilst awaiting the completion of any specialist assessment(s). · Take responsibility, as a group, for developing the child protection plan as a detailed working tool, and implementing it, based on the outline plan agreed at the initial child protection conference. It should be refined as necessary, and the progress of the child and family members should be monitored against objectives specified in the plan. · Provide an important forum for working with parents, wider family members, and children of sufficient age and understanding. It can be difficult for parents to agree to a child protection plan within the confines of a formal conference. Their agreement may be secured later when details of the plan are negotiated in the core group. Sometimes there may be conflicts of interest between family members who have a relevant interest in the work of the core group. The child’s best interests should always take precedence over those of other family members. · Meet for the first time within 10 working days of the initial child protection conference, to develop in more detail the outline child protection plan and decide what further steps are required, by whom, to complete the core assessment on time. Thereafter, core groups should meet sufficiently frequently to facilitate working together, monitor actions and outcomes as set out in the child protection plan, and make any alterations as the child’s and family members’ circumstances change.

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All other professionals should… · Liaise closely with social services in gathering relevant historical material and integrating this within an assessment of the child's developmental needs and the capacity of their parents to respond to these needs. · Use information gained during core assessment, including capacity for change, to inform decisions about the child’s safety and future work with the child and family. · Undertake specialist assessments as appropriate and provide reports to the named key worker.

The first meeting of the core group should take place within 10 working days of the initial child protection conference. The purpose of this first meeting is to flesh out the child protection plan and decide what steps need to be taken by whom to complete the core assessment on time. Thereafter, core groups should meet sufficiently regularly to facilitate working together, monitor actions and outcomes against the child protection plan, and make any necessary changes as circumstances change. There should be a written note recording action agreed at core group meetings and decisions taken.

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The Child Protection Plan The initial child protection conference is responsible for agreeing an outline child protection plan. Professionals and parents/carers should develop the details of the plan in the core group. The aim of the plan is to: · safeguard the child from further harm; · promote the child's health and development; and · provided it is in the best interests of the child, to support the family and wider family members to promote the welfare of their child. Based on the outline child protection plan prepared by the child protection conference, the named key worker, together with the core group members, should draw up a child protection plan based on the findings of the assessment. The child protection plan should set out what work needs to be done, why, when and by whom. The plan should: · describe the identified needs of the child, and what therapeutic services are required; · include specific, achievable, child-focused objectives intended to safeguard the child and promote his or her welfare; · include realistic strategies and specific actions to achieve the objectives; · clearly identify roles and responsibilities of professionals and family members, including the nature and frequency of contact by professionals with children and family members; · lay down points at which progress will be reviewed, and the means by which progress will be judged; and · set out clearly the roles and responsibilities of those professionals with routine contact with the child, e.g. health visitors, GPs and teachers, as well as any specialist or targeted support to the child and family. The child protection plan should take into consideration the wishes and feelings of the child, and the views of the parents, insofar as this is consistent with the child's welfare. The key worker should make every effort to ensure that the children and parents have a clear understanding of the objectives of the plan, that they accept it and are willing to work to it. The plan should be constructed with the family in their first language and they should receive a written copy in their first language. If family members' preferences are not accepted about how best to safeguard the child, the reasons for this should be explained. Families should be told about their right to complain and make representations, and how to do so. All members of the core group have equal ownership of and responsibility for the child protection plan, and should co-operate to achieve its aims.

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Core Assessment Within 35 working days of beginning the initial assessment, social services should have completed a core assessment in respect of every child who has been placed on the child protection register. Where a child is not registered, but meets the criteria for a core assessment as a 'child in need', then - provided that the parents wish an assessment to take place this too should take place within the same timescale. For those children who are the subject of a child protection plan, the core assessment should: · be carried out in accordance with the recommendations of the initial child protection conference, as developed by the core group; · be consistent with guidance in the Framework for the Assessment of Children in Need and their Families; · build on information obtained in the course of initial assessment and the outcome of any s.47 enquiries; and · include further enquiries, as necessary, under s47 and take account of their outcome. Completion of the core assessment, for all children 'in need', should include an analysis of the child's developmental needs and the parents' capacity to respond to those needs, including parents' capacity to ensure that the child is safe from harm. It may be necessary to commission specialist assessments (e.g. from child and adolescent mental health services) which it may not be possible to complete within the 35-day period. This should not delay the drawing together of the core assessment findings at this point. The analysis of the child's needs should provide evidence on which to base judgements and plans on how best to: · safeguard a child; · promote his or her welfare; and · support parents in promoting their children's welfare. In respect of those children on the child protection register, this analysis of the child's needs should underpin the child protection plan. The Written Agreement It is good practice to produce a written agreement as part of, or additional to the plan, which is negotiated between the child, the family and professionals regarding the implementation of the plan. The agreement should make clear for parents: · the causes of concern which resulted in the child's name being placed on the child protection register; · what needs to change, and · what is expected of them as part of the plan for safeguarding the child.

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All parties should be clear about the respective roles and responsibilities of family members and different agencies in implementing the plan. Intervention Decisions about how to intervene, including what services to offer, should be based on evidence about what is likely to work best to bring about good outcomes for the child. It is important that services are provided to give the child and family the best chance of achieving the required changes. A number of aspects of intervention should be considered in the context of the child protection plan, in the light of evidence from assessment on the child's health and development needs, the parents' capacity to respond appropriately to the child's needs, and the wider family circumstances. If a child cannot be cared for safely by his or her carer(s) then she or he will have to be placed elsewhere whilst work is being undertaken with the child and family. Irrespective of where the child is living, intervention should specifically address: · the developmental needs of the child; · the child’s understanding of what has happened to him or her; · the abusing carer/child relationship and parental capacity to respond to child's needs; · the relationship between the adult carers both as adults and as parents; · family relationships; · the family’s relationship with professionals; · possible changes to the family’s social and environmental circumstances. Intervention may have a number of inter-related components: · action to make a child safe; · action to help promote a child's health and development; · action to help a parent/carer in safeguarding a child and promoting his or her welfare; · therapy for an abused child; and · support or therapy for a perpetrator of abuse. The development of secure parent-child attachments is critical to a child’s healthy development. The quality and nature of the attachment will be a key issue to be considered in decision making, especially if decisions are being made about moving a child from one setting to another; re-uniting a child with his or her birth family; or considering a permanent placement away from the child’s family. If the plan is to assess whether the child can be reunited with the parent/carer(s) responsible for the abuse, very detailed work will be required to help the carer(s) develop the necessary parenting skills. A key issue in deciding on suitable interventions will be whether the child's developmental needs can be responded to within his or her family context, and within timescales that are appropriate for the child. These timescales may not be

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compatible with those for the parent/carer(s) and practitioners and managers, and their agencies, may sometimes need to consider whether this is the case in respect of parents who are ill, disabled and/or open to receiving therapeutic help. The process of decision making and planning should be as open as possible, from an ethical as well as practical point of view. Where the family situation is not improving or changing fast enough to respond to the child’s needs, decisions will be necessary about the longterm future of the child. In the longer term it may mean it will be in the best interests of the child to be placed in an alternative family context. Key to these considerations is what is in the child’s best interests, informed by the child’s views. Children who have suffered significant harm may continue to experience the consequences of this abuse irrespective of where they are living: whether remaining with or being reunited with their families or alternatively being placed in new families. This relates particularly to their behavioural and emotional development. Therapeutic work with the child should therefore continue, where appropriate, irrespective of where the child is placed. More information to assist with making decisions about interventions is available in the Chapter 4 of the Assessment Framework and the accompanying practice guidance (National Assembly for Wales, 2001). The named key worker should: · Undertake work with the child and family in accordance with the child protection plan. · Liase with all professionals providing services to the child and family to keep up to date with progress and ensure each professional is aware of what the others are achieving as part of taking forward the agreed plan. Other practitioners should: · Provide services according to the agreed plan and where necessary undertake specialist assessments to inform the review of the plan. · Be involved in considering the relative importance of a number of different factors, including where a child has been separated from his or her birth family, the level of hopefulness and the presence of factors associated with failure of reunification, based on sound research evidence. · Respond to requests to prepare reports to courts about the likely effect of specific interventions, or their success with the carers.

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The Child Protection Review Conference Timescale Reviews should be held as follows: · The first child protection review conference should be held within three months of the initial child protection conference; and · Further reviews should be held at intervals of not more than six months for as long as the child's name remains on the child protection register. This is to ensure that momentum is maintained in the process of safeguarding the registered child. Attendees should include those most involved with the child and family in the same way as at an initial child protection conference, and the ACPC protocols for establishing a quorum should apply. Purpose The purpose of the child protection review is to review the safety, health and development of the child against intended outcomes set out in the child protection plan; to ensure that the child continues adequately to be safeguarded; and to consider whether the child protection plan should continue in place or should be changed. The reviewing of the child’s progress and the effectiveness of interventions are critical to achieving the best possible outcomes for the child and requires as much preparation, commitment and management as the initial child protection conference. Every review should consider explicitly whether the child continues to be at risk of significant harm, and hence continues to need safeguarding through adherence to a formal child protection plan. If not, then the child's name may be removed from the child protection register. The same ACPC decision-making procedure should be used to reach a judgement on de-registration as is used at the initial child protection conference in respect of registration. As with initial child protection conferences, the relevant ACPC protocol should specify a required quorum for attendance at review conferences. As far as possible the quorum should not be such that it leads to delays in reviews. Where a review conference has to be unavoidably delayed because it is inquorate, steps should be taken to reconvene the review as soon as possible. The core group has a collective responsibility to produce reports for the child protection review which together provide an overview of work undertaken by family members and professionals, and evaluate the impact on the child's welfare against the objectives set out in the child protection plan.

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Social services managers should… · Ensure that the first child protection review conference is convened to take place within three months of the initial child protection conference, and that further reviews are convened at intervals of not more than six months for as long as the child’s name remains on the child protection register. Where necessary, reviews should be brought forward to address changes in the child’s circumstances. · Ensure that the conference is scheduled so that those most involved with the child and family are able to attend, in the same way as at an initial child protection conference. · Ensure that the outcome of the review meeting is recorded, including whether the child’s name is to be removed from the register, and any changes to the child protection plan (Department of Health, 2002c). · Ensure that if a child’s name is removed from the register, as a minimum, all those agencies’ representatives who were invited to attend the initial child protection conference that led to the registration are notified.

The named key worker should… · Consider, with the Chair of the review conference, how best to ensure the child's participation, the appropriate involvement of all agencies and individuals and supervision and oversight by responsible managers. · Prepare a report for the Child Protection Review Conference. · Where the child’s name is removed from the register, discuss with the parents and the child what services might be wanted and required. This discussion should be based upon the re-assessment of the child’s needs within his or her family, since the child may still require additional support and services. De-registration should never lead to the automatic withdrawal of help. · If, after de-registration, services continue to be provided by social services, a child in need plan should be drawn up and reviewed at intervals of not more than six months until the case is closed. The child, their family members and relevant professionals should be involved in the development of the plan.

All practitioners should… · Produce reports for the Child Protection Review Conference, which together will provide an overview of work undertaken by family members and professionals, and evaluate the impact on the child’s welfare against the objectives set out in the child protection plan. · Attend the review meeting, where appropriate.

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De-Registration A child's name may removed from the register: · as the result of a child protection review deciding that the child is no longer at continuing risk of significant harm requiring safeguarding by means of a child protection plan (e.g. the risk of harm has been reduced by action taken through the child protection plan; the child and family's circumstances have changed; or reassessment of the child and family indicates that a child protection plan is not necessary); · if the child and family have moved permanently to another local authority area. In such cases, the authority where the child is registered should inform the authority to which the child has moved of the child’s presence in their area and that the child’s name is included on the register, and the receiving local authority should convene a child protection conference within 15 working days of being notified of the move. De-registration may only take place after a decision by this conference; · the child has reached 18 years of age, has died or has permanently left the UK. When a child's name is removed from the register, notification should be sent to all those agencies’ representatives who legitimately knew the child to be registered. A child whose name is removed from the register may still require additional support and services and de-registration should not lead to the automatic withdrawal of help. The key worker should discuss with the parents and the child what services might be wanted and needed, based upon the re-assessment of the child and family.

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Pre-Birth Child Protection Conferences In circumstances where agencies have cause for concern that an unborn child may be at risk, after birth, of significant harm, the social services department should convene an initial child protection conference prior to the child's birth. Such a conference should have the same status, and proceed in the same way, as other initial child protection conferences, including decisions about registration. The involvement of midwifery and health visiting services is vital in such cases.

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Children Looked After by the Local Authority and Living Away From Home Children Looked After by the Local Authority The Review of Children's Cases Regulations 1991 apply to local authorities that are looking after children; to voluntary organisations which accommodate children under Section 59 of the Children Act and registered children's homes which accommodate children not looked after by local authorities. The Review Regulations make clear provision for the frequency with which children's cases are to be reviewed by the responsible authority. Where children looked after are also subject to a child protection review conference, the overriding principle must be that the systems are integrated and carefully monitored in a way which promotes a child centred and not a bureaucratic approach. It is important to link the timing of a child protection review conference with the review under the Review Regulations to ensure that information from the former is brought to the review meeting, and informs the overall care planning process. Children Living Away From Home Basic Safeguards There are a number of essential safeguards which should be observed in all settings in which children live away from home, for example in foster care including private fostering, residential care including secure accommodation, health settings, residential schools, prisons, young offenders institutions, and any other settings. Where statutory services are not providing the services directly they should ensure that the safeguards are explicitly addressed in contracts with external providers. These safeguards include that: · children feel valued and respected and their self-esteem is promoted; · there is an openness on the part of the institution to the external world and external scrutiny, including openness with families and the wider community; · staff and foster carers are trained in all aspects of safeguarding children; alert to children's vulnerabilities and risks of harm; and knowledgeable about how to implement child protection procedures; · children have ready access to a trusted adult outside the institution, e.g. a family member, their social worker, independent visitor, independent advocate; · children are aware of how they can complain and the help they could receive from independent advocacy services; · children have information about how to access the authority’s complaints officer, the Children’s Commissioner and Childline, and children of appropriate age and understanding are confident that they could do so; · complaints procedures are clear, effective, user friendly and are readily accessible to children and young people, including those with disabilities and those for whom

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English is not a first language. Procedures address informal as well as formal complaints. Systems promote open communication about 'minor' complaints and recognise that they may indicate more deeply seated problems in management and culture that need to be addressed. Complaints and any incidents of control should be regularly monitored in order for senior staff to be aware of emerging patterns. There is a complaints register in every children's home which records all representations or complaints, the action taken to address them, and the outcomes; · recruitment and selection procedures are rigorous and create a high threshold of entry to deter abusers (see Chapter 7); · clear procedures and support systems are in place for dealing with expressions of concern by staff and carers about other staff or carers. Organisations have a code of conduct instructing staff on their duty to their employer and their professional obligation to raise legitimate concerns about the conduct of colleagues or managers. The organisation ensures that procedures can be invoked in ways which do not prejudice the 'whistle-blower's' own position and prospects; · there is respect for diversity and sensitivity to race, culture, religion, gender, sexuality and disability; · there is effective supervision and support, which extends to temporary staff and volunteers; and

· staff and carers are alert to the risks to children in the external environment from people prepared to exploit the additional vulnerability of children living away from home.

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Some key principles There are some common principles and ways of working which should underpin the practice of all agencies and professionals working to safeguard children and promote their welfare. This chapter sets out some of the most important of these. Working in Partnership with Children and Families The Importance of Partnership in Child Protection Family members have a unique role and importance in the lives of children, who attach great value to their family relationships. Family members know more about their family than any professional could possibly know, and well-founded decisions about a child should draw upon this knowledge and understanding. Family members should normally have the right to know what is being said about them, and to contribute to important decisions about their lives and those of their children. Research findings brought together in Child Protection: Messages from Research endorse the importance of good relationships between professionals and families in helping to bring about the best possible outcomes for children. What is meant by Partnership in Child Protection? Where there are concerns about significant harm to a child, social services have a statutory duty to make enquiries and if necessary, statutory powers to intervene to safeguard the child and promote his or her welfare. Where there is compulsory intervention in family life in this way, parents should still be helped and encouraged to play as full a part as possible in decisions about their child. Children of sufficient age and understanding should be kept fully informed of processes involving them, should be consulted sensitively, and decisions about their future should take account of their views. Partnership does not mean always agreeing with parents or other adult family members, or always seeking a way forward which is acceptable to them. The aim of child protection processes is to ensure the safety and welfare of a child, and the child's interests should always be paramount. Some parents may feel hurt and angry and refuse to co-operate with professionals. Not all parents will be able to safeguard their children, even with help and support. Especially in child sexual abuse cases, some may be vulnerable to manipulation by a perpetrator of abuse. A minority of parents are actively dangerous to their children, other family members, or professionals, and are unwilling and/or unable to change. Always maintain a clear focus on the child's safety and what is best for the child. Working in Partnership Those working together to safeguard children should agree a common understanding in each case, and at each stage of work, of how children and families will be involved in child protection processes, and what information is shared with them. There should be a presumption of openness, joint decision making, and a willingness to listen to families and capitalise on their strengths, but the overarching principle should always

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be to act in the best interests of the child. Some information known to professionals should be treated confidentially and should not be shared in front of some children or some adult family members. Such information might include personal health information about particular family members, unless consent has been given, or information which, if disclosed, could compromise criminal investigations or proceedings. Agencies and professionals should be honest and explicit with children and families about professional roles, responsibilities, powers and expectations, and about what is and is not negotiable. Working relationships with families should develop according to individual circumstances. From the outset, professionals should assess if, when and how the involvement of different family members - both children and adults - can contribute to safeguarding and promoting the welfare of a particular child or group of children. This assessment may change over time as more information becomes available or as families feel supported by professionals. Professional supervision and peer group discussions are important in helping to explore knowledge and perceptions of families' strengths and weaknesses and the safety and welfare of the child within the family. Family structures are increasingly complex. In addition to those adults who have daily care of a child, estranged parents (e.g. birth fathers), grandparents, or other family members may play a significant part in the child's life, and some may have parental responsibility even if they are not involved in day to day care. Some children may have been supported during family difficulties by adults from outside the family. Professionals should make sure that they pay attention to the views of all those who have something significant to contribute to decisions about the child's future. Children can provide valuable help in identifying adults they see as important supportive influences in their lives. Occasions may arise where relationships between parents, or other family members, are not productive in terms of working to safeguard children and promote their development. In such instances, agencies should respond sympathetically to a request for a change of worker, provided that such a change can be identified as being in the interests of the child who is the focus of concern. Involving Children Children of sufficient age and understanding often have a clear perception of what needs to be done to ensure their safety and well-being. Listening to children and hearing their messages requires training and special skills, including the ability to win their trust and promote a sense of safety. Most children feel loyalty towards those who care for them, and have difficulty saying anything against them. Many do not wish to share confidences, or may not have the language or concepts to describe what has happened to them. Some may fear reprisals or their removal from home. Children and young people need to understand the extent and nature of their involvement in decision-making and planning processes. They should be helped to understand how child protection processes work, how they can be involved, and that they can contribute to decisions about their future in accordance with their age and understanding. However, they should understand that ultimately, decisions will be

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taken in the light of all the available information contributed by themselves, professionals, their parents and other family members, and other significant adults. Family Group Conferences In recent years, Family Group Conferences (FGCs) have been developed in a number of areas as a positive option for planning services for children and their families. There is a growing body of research about the impact and outcomes of FGCs. FGCs are a process through which family members, including those in the wider family, are enabled to meet together to find solutions to difficulties which they and a child or young person in their family are facing. FGCs are not just a one-off meeting. They are an approach to planning and decision-making which uses the skills and experience of the wider family, as well as professionals. The definition of who is in a family should come from the family itself. It includes parents and extended family, as well as friends, neighbours and community members if they are considered part of the child's 'family'. FGCs may be appropriate in a number of contexts where there is a plan or decision to be made. FGCs do not replace or remove the need for child protection conferences, which should always be held when the relevant criteria are met. They may be valuable, for example: · for children in need, in a range of circumstances where a plan is required for the child's future welfare; · where s.47 enquiries do not substantiate referral concerns about significant harm but where there is a need for support and services; · where s.47 enquiries progress to a child protection conference, the conference may agree that an FGC is an appropriate vehicle for the core group to use to develop the outline child protection plan into a fully worked-up plan. It is essential that all parties are provided with clear and accurate information, which will make effective planning possible. The family is the primary planning group in the process. Family members need to be able to understand what the issues are from the perspective of the professionals. The family and involved professionals should be clear about: · what are the professional findings from any core assessment of the child and family; · what the family understand about their current situation; · what decisions are required; · what decisions have already been taken; · what is the family's scope of decision-making, and whether there are any issues/decisions which are not negotiable; and · what resources are or might be available to implement any plan.

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Within this framework, agencies and professionals should agree to support the plan if it does not place the child at risk of significant harm, and if the resources requested can be provided. Where there are plans to use FGCs in situations where there are child protection concerns, they should be developed and implemented under the auspices of the ACPC. This will involve all relevant agencies in their development and relate their use to other relevant child protection policies and procedures. Inter-agency training will be needed to build the relevant skills needed to work with children and families in this way, and to promote confidence in and develop a shared understanding of the process. Support, Advice and Advocacy to Children and Families However sensitively enquiries are handled, many families perceive unasked - for professional involvement in their lives as painful and intrusive, particularly if they feel that their care of their children is being called into question. This should always be acknowledged. Agencies and professionals can do a considerable amount to make child protection processes less stressful for families by adopting the principles set out above. Families will also feel better supported if it is clear that interventions in their lives, while firmly focused on the safety and welfare of the child, are concerned also with the wider needs of the child and family. Children and families may be supported through their involvement in child protection processes by advice and advocacy services, and they should always be informed of those services which exist locally and nationally (such as those provided by the Family Rights Group). Where children and families are involved as witnesses in criminal proceedings, the police, witness support services and other services provided by Victim Support, can do a great deal to explain the process, make it feel less daunting and ensure that children are prepared for and supported in the court process. Information about the Criminal Injuries Compensation Scheme should also be provided in relevant cases. Communication and Information The social services department has a responsibility to make sure children and adults have all the information they need to help them understand child protection processes. Information should be clear and accessible and available in the family's first language. If a child and/or family member has specific communication needs, because of language or disability, it may be necessary to use the services of an interpreter or specialist worker, or to make use of other aids to communication. Particular care should be taken in choosing an interpreter, having regard to their language skills, their understanding of the issues under discussion, their commitment to confidentiality, and their position in the wider community. There can be difficulties in using family members or friends as interpreters and this should be avoided. Children should not be used as interpreters.

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Race, Ethnicity and Culture Children from all cultures are subject to abuse and neglect. All children have a right to grow up safe from harm. In order to make sensitive and informed professional judgements about a child's needs, and parents' capacity to respond to their child's needs, it is important that professionals are sensitive to differing family patterns and lifestyles and to child rearing patterns that vary across different racial, ethnic and cultural groups. Professionals should also be aware of the broader social factors that serve to discriminate against black and minority ethnic people. Working in a multiracial and multi-cultural society requires professionals and organisations to be committed to equality in meeting the needs of all children and families, and to understand the effects of racial harassment, racial discrimination and institutional racism, as well as cultural misunderstanding or misinterpretation. The assessment process should maintain a focus on the needs of the individual child. It should always include consideration of the way religious beliefs and cultural traditions in different racial, ethnic and cultural groups influence their values, attitudes and behaviour, and the way in which family and community life is structured and organised. Cultural factors neither explain nor condone acts of omission or commission which place a child at risk of significant harm. Professionals should be aware of and work with the strengths and support systems available within families, ethnic groups and communities, which can be built upon to help safeguard children and promote their welfare. Professionals should guard against myths and stereotypes - both positive and negative - of black and minority ethnic families. Anxiety about being accused of racist practice should not prevent the necessary action being taken to safeguard a child. Careful assessment - based on evidence - of a child's needs, and a family's strengths and weaknesses, understood in the context of the wider social environment, will help to avoid any distorting effect of these influences on professional judgements.

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APPENDIX 1

USE OF QUESTIONNAIRES AND SCALES TO EVIDENCE ASSESSMENT AND DECISION MAKING 1 The Strengths and Difficulties Questionnaires (Goodman et al, 1997; Goodman et al, 1998). These scales are a modification of the very widely used instruments to screen for emotional and behavioural problems in children and adolescents – the Rutter A + B scales for parents and teachers. Although similar to Rutter’s, the Strengths and Difficulties Questionnaires’ wording was re-framed to focus on a child’s emotional and behavioural strengths as well as difficulties. The actual questionnaires incorporate five scales: pro-social, hyperactivity, emotional problems, conduct (behavioural) problems, and peer problems. In the pack, there are versions of the scales to be completed by adult caregivers, or teachers for children from age 3 to 16, and children between the ages of 11 and 16. These questionnaires have been used with disabled children and their teachers and carers. They are available in 40 languages on the following website: http://www.sdqinfo.com 2 The Parenting Daily Hassles Scale (Crinic and Greenberg, 1990; Crinic and Booth, 1991). This scale aims to assess the frequency and intensity/impact of 20 potential parenting ‘daily’ hassles experienced by adults caring for children. It has been used in a wide variety of research studies concerned with children and families – particularly families with young children. It has been found that parents (or caregivers) generally like filling it out, because it touches on many aspects of being a parent that are important to them. 3 The Recent Life Events Questionnaire (Taken from Brugha et al, 1985) helps to define negative life events over the last 12 months, but could be used over a longer timescale, and significantly whether the respondent thought they have a continuing influence. Respondents are asked to identify which of the events still affects them. It was hoped that use of the scale will: · · ·

result in a fuller picture of a family’s history and contribute to greater contextual understanding of the family’s current situation; help practitioners explore how particular recent life events have affected the carer and the family; in some situations, identify life events which family members have not reported earlier.

4 The Home Conditions Assessment (Davie et al, 1984) helps make judgements about the context in which the child was living, dealing with questions of safety, order and cleanliness which have an important bearing where issues of neglect are the focus of concern. The total score has been found to correlate highly with indices of the development of children. APPEAPPENDIX 1

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5 The Family Activity Scale (derived from the Child-Centredness Scale, Smith, 1985) gives practitioners an opportunity to explore with carers the environment provided for their children, through joint activities and support for independent activities. This includes information about the cultural and ideological environment in which children live, as well as how their carers respond to their children’s actions (for example, concerning play and independence). They aim to be independent of socioeconomic resources. There are two separate scales; one for children aged 2–6, and one for children aged 7–12. 6 The Alcohol Scale. This scale was developed by Piccinelli et al (1997). Alcohol abuse is estimated to be present in about 6% of primary carers, ranking it third in frequency behind major depression and generalised anxiety. Higher rates are found in certain localities, and particularly amongst those parents known to social services. Drinking alcohol affects different individuals in different ways. For example, some people may be relatively unaffected by the same amount of alcohol that incapacitates others. The primary concern therefore is not the amount of alcohol consumed, but how it impacts on the individual and, more particularly, on their role as a parent. This questionnaire has been found to be effective in detecting individuals with alcohol disorders and those with hazardous drinking habits. 7 Adult Wellbeing Scale (Irritability, Depression, Anxiety [IDA] Scale, Snaith et al, 1978). This scale, which was based on the Irritability, Depression and Anxiety Scale, was devised by a social worker involved in the pilot. The questions are framed in a ‘personal’ fashion (i.e. I feel, my appetite is…). This scale looks at how an adult is feeling in terms of their irritability, depression and anxiety. The scale allows the adult to respond from four possible answers, which enables them some choice, and therefore less restriction. This could enable the adult to feel more empowered. 8 The Adolescent Wellbeing Scale (Self-rating Scale for Depression in Young People, Birleson, 1980). It was originally validated for children aged between 7 and 16. It involves 18 questions each relating to different aspects of a child or adolescent’s life, and how they feel about these. As a result of the pilot the wording of some questions was altered in order to be more appropriate to adolescents. Although children as young as seven and eight have used it, older children’s thoughts and beliefs about themselves are more stable. The scale is intended to enable practitioners to gain more insight and understanding into how an adolescent feels about their life. 9 The HOME Inventory (Cox and Walker, 2002) assessment through interview and observation provides an extensive profile of the context of care provided for the child and is a reliable approach to assessment of parenting. It gives a reliable account of the parents’ capacities to provide learning materials, language stimulation, and appropriate physical environment, to be responsive, stimulating, providing adequate modelling variety and acceptance. A profile of needs can be constructed in these areas, and an analysis of how considerable the changes would need to be to meet the specific needs of the significantly harmed child; and the contribution of the environment provided by the parents to the harm suffered. The HOME Inventory has been used extensively to demonstrate change in the family context as a result of intervention, and can be used to assess whether intervention has been successful.

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10 The Family Assessment (Bentovim and Bingley Miller, 2001). The various modules of the Family Assessment, which include an exploration of family and professional views of the current situation, the adaptability to the child’s needs, and quality of parenting, various aspects of family relationships and the impact of history, provide a standardised evidence based approach to current family strengths and difficulties which have played a role in the significant harm of the child. They also provide an approach in assessing the capacity for change, resources in the family to achieve a safe context for the child, and the reversal of family factors which may have played a role in significant harm, and aiding the recovery and future health of the child. The Family Assessment profile provides it by its qualitative and quantitative information on the parents’ understanding of the child’s state, and the level of responsibility they take for the significant harm, the capacity of the parents to adapt to the children’s changing needs in the past and future, their abilities to promote development, provide adequate guidance, care and manage conflict, to make decisions and relate to the wider family and community. Strengths and difficulties in all these areas are delineated, the influence of history, areas of change to be achieved, and the capacities of the family to make such changes.

RELEVANT QUESTIONNAIRES AND SCALES Bentovim A and Bingley Miller L (2001) The Family Assessment of Family Competence, Strengths and Difficulties. Pavilion Publishing, Brighton. Cox A and Walker S (2002) The HOME Inventory – Home Observation and Measurement of the Environment. Pavilion Publishing, Brighton. Department of Health, Cox A and Bentovim A (2000) The Family Assessment Pack of Questionnaires and Scales. The Stationery Office, London. Website: www.doh.gov.uk/qualityprotects/work_pro/project_3.htm

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APPENDIX 2

LEGISLATIVE FRAMEWORK LOCAL GOVERNMENT ACT 2000 1 Local authorities have a corporate responsibility to address the needs of children and young people living in their area. The Local Government Act 2000 sets out a broad cross-government expectation that there should be a concerted aim to improve the wellbeing of people and communities. To achieve this, there should be effective joint working by education, social services, housing and leisure, in partnership with health, police and other statutory services and the independent sector. THE CHILDREN ACT 1989 2 The Children Act 1989 places a duty on local authorities with Social Services Responsibilities 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. Children Act 1989 s17(1) 3 The primary focus of legislation about children in need is on how well they are progressing and whether their development will be impaired without the provision of services (s17(10) Children Act 1989). 4 It also places a specific duty on other local authority services and health bodies to co-operate in the interests of children in need in s27. Section 322 of the Education Act 1996 places a duty on 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 or other person mentioned in sub-section (3) could, by taking any specified action, help in the exercise of any of their functions under this Part, they may request the help of that other authority or persons, 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 – (a) any local authority; (b) any local education authority; (c) any local housing authority; (d) any health authority, special health authority, Primary Care Trust or National Health Services Trust; and (e) any person authorised by the National Assembly for Wales for the purpose of this section Children Act 1989 s27

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5 Under s47 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: Section 47 places a duty on – (a) any local authority; (b) any local education authority; (c) any housing authority; (d) any health authority, special health authority, Primary Care Trust or National Health Service Trust; and (e) any person authorised by the National Assembly for Wales to help a local authority with its enquiries in cases where there is reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm.

6 Under s17 of the Children Act 1989, local authorities 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 authorities themselves necessarily to be the provider of such services. 7 Section 17(5) of the Children Act 1989 enables the CSSR to make arrangements with others to provide services on their behalf. Every local authority – (a) 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 (b) May make such arrangements as they see fit for any person to act on their behalf in the provision of any such service. Children Act 1989 s17(5) EMERGENCY PROTECTION POWERS 8 There are a range of powers available to local authorities and their statutory partners to take emergency action to safeguard children: EMERGENCY PROTECTION ORDERS The court may make an emergency protection order under s44 of the Children Act 1989 if it is satisfied that there is reasonable cause to believe that a child is likely to suffer significant harm if: · he is not removed to accommodation; or · he does not remain in the place in which he is then being accommodated.

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An emergency protection order may also be made if s47 enquiries are being frustrated by access to the child being unreasonably refused to a person authorised to seek access, and the applicant has reasonable cause to believe that access is needed as a matter of urgency: · an emergency protection order 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 seven days). EXCLUSION REQUIREMENT The Court may include an exclusion requirement in an emergency protection order or an interim care order (s38(a) and 44(a) of the Children Act 1989). 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 enquiries 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. POLICE PROTECTION POWERS Under s46 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, he may: · remove the child to suitable accommodation and keep him or her 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 9 Under s12 of the Homelessness Act 2002, housing authorities are required to refer homeless persons with dependent children who are ineligible for homelessness assistance or are intentionally homeless to social services as long as the person consents. If homelessness persists, any child in the family could be in need. In such cases, if social services decides the child’s needs would be best met by helping the family to obtain accommodation, they can ask the housing authority for reasonable assistance in this and the housing authority must respond.

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RECORDING 10 The exemplars (Department of Health, 2002b and 2002c) produced to support the implementation of the Integrated Children’s System illustrate how social services and other agencies can record information about children in need and their families. The appropriate record to use at the different stages of working with children and families has been referenced throughout this guidance.

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APPENDIX 3

INFORMATION SHARING 1 This guidance is about sharing information for the purposes of safeguarding and promoting the welfare of children. Sharing of information amongst practitioners working with children and their families is essential. In many cases it is only when information from a range of sources is put together that a child can be seen to be in need or at risk of harm. 2 You may be anxious about the legal or ethical restrictions on sharing information, particularly with other agencies. You should be aware of the law and should comply with the code of conduct or other guidance applicable to your profession. These rarely provide an absolute barrier to disclosure. You should be prepared to exercise your judgement. A failure to pass on information that might prevent a tragedy could expose you to criticism in the same way as an unjustified disclosure. 3 A decision whether to disclose information may be particularly difficult if you think it may damage the trust between you and your patient or client. Wherever possible you should explain the problem, seek agreement and explain the reasons if you decide to act against a parent or child’s wishes. It is often helpful to discuss such concerns with a senior colleague, designated professional, or, if you are a working in the NHS or local authority social services, your Caldicott Guardian.

WHAT ARE THE LEGAL RESTRICTIONS? 4 The decision whether to disclose information may arise in various contexts. You may have a niggling concern about a child that might be allayed or confirmed if shared with another agency. You may be asked for information in connection with an assessment of a child’s needs under s17 of the Children Act 1989 or an enquiry under s47 of that Act or in connection with court proceedings. In all cases the main restrictions on disclosure of information are: · · ·

common law duty of confidence; Human Rights Act 1998; Data Protection Act 1998.

5 Each of these has to be considered separately. Other statutory provisions may also be relevant. But in general, the law will not prevent you from sharing information with other practitioners if: · · ·

those likely to be affected consent; or the public interest in safeguarding the child’s welfare overrides the need to keep the information confidential; or disclosure is required under a court order or other legal obligation..

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COMMON LAW DUTY OF CONFIDENCE 6 The circumstances in which a common law duty of confidence arises have been built up in case law over time. The duty arises when a person shares information with another in circumstances where it is reasonable to expect that the information will be kept confidential. The courts have found a duty of confidence to exist where – · · ·

a contract provides for information to be kept confidential; there is a special relationship between parties, such as patient and doctor, solicitor and client, teacher and pupil; an agency or government department, such as Inland Revenue, collects and holds personal information for the purposes of its functions.

The duty is not absolute. Disclosure can be justified if – · · · ·

the information is not confidential in nature; the person to whom the duty is owed has expressly or implicitly authorised the disclosure; there is an overriding public interest in disclosure; disclosure is required by a court order or other legal obligation.

IS THE INFORMATION CONFIDENTIAL? 7 Some kinds of information, such as medical records and communications between doctor and patient, are generally recognised as being subject to a duty of confidence. Other information may not be, particularly if it is trivial or readily available from other sources or if the person to whom it relates would not have an interest in keeping it secret. For example, a social worker who was concerned about a child’s whereabouts might telephone the school to establish whether the child was in school that day.

MAINTAINING CONFIDENTIALITY 8 As a general rule you should treat all personal information you acquire or hold in the course of working with children and families as confidential and take particular care with sensitive information.

DISCLOSURE BY CONSENT 9 There will be no breach of confidence if the person to whom a duty of confidence is owed consents to the disclosure. Consent can be express (that is orally or in writing) or can be inferred from the circumstances in which the information was given (implied consent).

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·

Whose consent is required? The duty of confidence is owed to the person who has provided information on the understanding it is to be kept confidential and, in the case of medical or other records, the person to whom the information relates.

·

Has consent been given? You do not need express consent if you have reasonable grounds to believe that the person to whom the duty is owed understands and accepts that the information will be disclosed. For example, a person who refers an allegation of abuse to a social worker would expect that information to be shared on a ‘need to know’ basis with those responsible for following up the allegation. Any one who receives information, knowing it is confidential, is also subject to a duty of confidence. Whenever you give or receive information in confidence you should ensure there is a clear understanding as to how it may be used or shared.

·

Should I seek consent? If you are in doubt as to whether a disclosure is authorised it is best to obtain express consent. But you should not do so if you think this would be contrary to a child’s welfare. For example, if the information is needed urgently the delay in obtaining consent may not be justified. Seeking consent may prejudice a police investigation or may increase the risk of harm to the child.

·

What if consent is refused? You will need to decide whether the circumstances justify the disclosure, taking into account what is being disclosed, for what purposes and to whom.

DISCLOSURE IN THE ABSENCE OF CONSENT 10 The law recognises that disclosure of confidential information without consent or a court order may be justified in the public interest to prevent harm to others. 11 The key factor in deciding whether or not to disclose confidential information is proportionality: is the proposed disclosure a proportionate response to the need to protect the welfare of the child. The amount of confidential information disclosed, and the number of people to whom it is disclosed, should be no more than is strictly necessary to meet the public interest in protecting the health and wellbeing of a child. The more sensitive the information is, the greater the child-focused need must be to justify disclosure and the greater the need to ensure that only those professionals who have to be informed receive the material (‘the need to know basis’).

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The ‘Need to Know’ Basis Relevant Factors: · · · ·

what is the purpose of the disclosure? what are the nature and the extent of the information to be disclosed? to whom is the disclosure to be made (and is the recipient under a duty to treat the material as confidential)? is the proposed disclosure a proportionate response to the need to protect the welfare of a child to whom the confidential information relates?.

IS THERE A DIFFERENCE BETWEEN DISCLOSING INFORMATION WITHIN YOUR OWN ORGANISATION OR TO ANOTHER ORGANISATION? 12 The approach to confidential information should be the same whether any proposed disclosure is internally within one organisation (e.g. within a school, or within social services) or between agencies (e.g. from a teacher to a social worker). 13 The need to disclose confidential information to others within your own organisation will arise more frequently than will be the case for inter-agency disclosure. For example a teacher will need to discuss confidential information with the Year Head and the Head Teacher more frequently than with a social worker. Pupils and their parents would expect such discussions to take place within the school, so there will usually be implied consent. But if not (e.g. if you disclose information that a child has asked you to keep secret) you will have to decide whether the circumstances justify the disclosure.

WHAT IF THE DUTY IS TO A CHILD OR YOUNG PERSON? 14 A duty of confidence may be owed to a child or young person in their own right. A young person aged 16 or over, or a child under 16 who has the capacity to understand and make their own decisions, may give (or refuse) consent to a disclosure. Otherwise a person with parental responsibility should consent on their behalf. THE HUMAN RIGHTS ACT 1998 15 Article 8 of the European Convention on Human Rights (which forms part of UK law under the Human Rights Act 1998) recognises a right to respect for private and family life. 8.1 Everyone has the right to respect for his private and family life, his home and his correspondence. 8.2 There shall be no interference by a public authority with exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic wellbeing 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.

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16 The right is not absolute. Disclosing confidential information to protect the welfare of a child could cause considerable disruption to a person’s private or family life. This may, however, be justified by Article 8(2) if it is necessary to prevent crime or to protect the health and welfare of a child. Essentially it is the same proportionality’ test as applies to the common law duty of confidence. 17 If sharing information is justified under the common law duty of confidence and does not breach the data protection requirements or any other specific legal requirements, it should satisfy Article 8.

THE DATA PROTECTION ACT 1998 18 The Data Protection Act 1998 regulates the handling of personal data. Essentially, this is information kept about an individual on a computer or on a manual filing system. The Act lays down requirements for the processing of this information, which includes obtaining, recording, storing and disclosing it. 19 If you are making a decision to disclose personal data you must comply with the Act, which includes the eight data protection principles. These should not be an obstacle if: · · ·

you have particular concerns about the welfare of a child; you disclose information to social services or to another professional; and the disclosure is justified under the common law duty of confidence.

20 The first and second data protection principles are the most relevant. The First Principle Personal data shall be processed fairly and lawfully and, in particular shall not be processed unless – (a) at least one of the conditions in Schedule 2 is met and, (b) in the case of sensitive personal data, at least one of the conditions in Schedule 3 is met. The Second Principle Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes. 21 ‘Fairness’ is being open with people about how information about them is to be used and the circumstances in which it might be disclosed. Most organisations take steps to make people aware of their policy when they first obtain information from them, for example, by including it on forms or leaflets or by notices in waiting areas. There are a number of exceptions to this requirement, in particular, if the disclosure is for the prevention or detection of crime (which includes neglect or abuse of a child) or is required by a court order or a statute.

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22 A condition in Schedule 2 must be met. Those conditions establish whether there is a legitimate reason for sharing information. They include: · · · · ·

the data subject (the person to whom the data relates) consents; the disclosure is necessary for compliance 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. for the purposes of an s17 assessment or an s47 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.

23 There is a condition to cover most situations where a practitioner shares information to safeguard a child’s welfare. In particular, the last condition (legitimate interest) is relevant in all cases and involves a proportionality test very similar to that applied to breaches of confidence. 24 If the information being shared is sensitive personal data, then a condition in Schedule 3 must also be met. Sensitive personal data relates to the data subject’s: · · · · · · ·

racial or ethnic origins; political opinions; religious beliefs; membership of a trade union; physical or mental health or condition; sexual life; criminal offences.

25 The relevant conditions in Schedule 3 are: · · · · ·

the data subject has explicitly consented to the disclosure; it is necessary to protect the vital interests of the data subject or another person where the data 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.

26 ‘Legal rights’ include a child's rights under the Human Rights Act 1998 and defending those rights could include disclosures between professionals to establish whether a child’s welfare needed to be safeguarded. Exercise of a statutory function would cover sharing of information amongst social services and other agencies in connection with an s17 assessment or an s47 enquiry.

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27 The second data protection principle requires that the purpose for which information is disclosed is not incompatible with the purpose for which it was obtained. But it can be for a different purpose if there is no direct conflict. Disclosures for prevention or detection of crime or required by a court order or a statute are exempt from this requirement. 28 If you need advice about the data protection requirements, you should contact the data protection compliance officer in your organisation or, if you do not have one, you can contact the Information Commissioner (www.dataprotection.gov.uk). OTHER STATUTORY PROVISIONS 29 Sections 27 and 47 of the Children Act 1989 enable local authorities to request help from specified authorities (other local authorities, education authorities, housing authorities, NHS bodies) and places an obligation on those authorities to co-operate. A request could be for information in connection with an s17 assessment or an s47 enquiry. Neither provision would require an unjustified breach of confidence. But an authority should not refuse a request without considering all the circumstances. 30 Section 115 of the Crime and Disorder Act 1998 enables any person to disclose information to a relevant authority for any purposes of the Act if they would not otherwise have the power to do so. Relevant authorities include local authorities, NHS bodies and police authorities. The purposes of the Act broadly cover the prevention and reduction of crime and the identification or apprehension of offenders.

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REFERENCES Children Act 1989 (1989) HMSO, London. Protecting Children from Abuse: The Role of the Education Service. National Assembly for Wales Circular 52/95. Website: http://www.wales.gov.uk/subieducationtraining/content/circulars/5295/5295contents-e.htm National Assembly for Wales (2000) Assessing Children in Need and their Families: Practice Guidance. Department of Health (2001a) Children’s Social Services Core Information Requirements. Data Model Version 2.0. The Department of Health, London. Website: www.doh.gov.uk/qualityprotects/info/publications/ coreinformationreq.htm Department of Health (2001b) Children’s Social Services Core Information Requirements. Process Model Version 2.0. The Department of Health, London. Website: www.doh.gov.uk/qualityprotects/info/publications/ coreinformationreq.htm Department of Health (2002a) Working with Children in Need and their Families: Draft Consultation Document. The Department of Health, London. Department of Health (2002b) Introduction to the Records used within the Integrated Children’s System. The Department of Health, London. Website: www.doh.gov.uk/integratedchildrenssystem/links.htm Department of Health (2002c) The Exemplar Records for the Integrated Children’s System. The Department of Health, London. Website: www.doh.gov.uk/integratedchildrenssystem/links.htm National Assembly for Wales (2001) Framework for the Assessment of Children in Need and their Families. National Assembly for Wales (2000) Working Together to Safeguard Children: A guide to inter-agency working to safeguard and promote the welfare of children. Home Office (2003) MAPPA Guidance: Multi-Agency Public Protection Arrangements. National Probation Directorate, Home Office, London. Website: www.probation.homeoffice.gov.uk

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Home Office, Lord Chancellor’s Department, Crown Prosecution Service, Department of Health and National Assembly for Wales (2002) Achieving Best Evidence in Criminal Proceedings; Guidance for vulnerable or intimidated witnesses, including children. Home Office, London. Website: www.homeoffice.gov.uk/justice/legalprocess/witnesses/ index.html Prison Service (2001) Child Protection Policy. Annex B3 to PSO 4950 Regimes for Prisoners under 18 years old. Prison Service, London.

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