Decision to Look After and Initial Care Planning
See LCS User Guide.
SCOPE OF THIS CHAPTER
This procedure applies to all decisions to Look After children and the immediate actions required of the social Worker when a child becomes Looked After. It will be read with Placement of Children Looked After Procedure.
See also Public Law Outline Procedure.
A suite of Hertfordshire supplementary guidance materials is also available as follows:
- Decision to Accommodate Young People 13 Years Plus under Section 20;
- Decision to Place Children in Residential Care;
- The Hertfordshire Care Planning and Placement Choice Approach.
"A child who is dealt with by a court by way of a Remand to Local Authority Accommodation or a Remand to Youth Detention Accommodation will be a Looked After Child. The care planning requirement will be amended in relation to such children - see Remands to Local Authority Accommodation or to Youth Detention Accommodation Procedure."
AMENDMENTSection 1.3, Obtaining Parental Consent to Look After a Child was revised in September 2017 to reflect the outcome of a recent Court of Appeal hearing.
1. Decision to Look After a Child
1.1 The Decision
All decisions that criteria has been met (see Section 20 criteria) for a child to be Looked After must be made at the H.A.R.P (Hertfordshire Access to Resources) Panel or (between Panels and only until the next Panel) by the responsible Head of Service or the Chair of Access to Resources Panel - see H.A.R.P Panel Policy and Procedure, Terms of Reference and Membership.
In between panels, the decision must be ratified by the Director of Family Safeguarding for children aged under 12 and by the Operations Director for Specialist Services for children aged over 12. For sibling groups of various ages decision may be ratified by the available authoriser.
Outside office hours, the Out of Hours Service obtains agreement from the appropriate senior manager to any decision that criteria has been met for a child to be looked after.
Any decision to look after a child made outside office hours will be communicated by LCS to the relevant team and Brokerage by the beginning of the next working day.
1.1.1 Looked After Status
When Section 20 criteria has been met the young person is subject to Section 20. The decision that Section 20 is met needs to be recorded by a Service Manager, in casenotes on LCS. Once a placement has been available for 24 hours +, the child is a looked after child whether or not they have occupied the placement.
If Section 20 is no longer required before the child/YP has been in placement for 24 hours, the Section 20 can cease and the Service Manager will need to add a casenote to this effect. See Regulation 39.
Once a Care Order is granted (Care Order/Interim Care Order) the child/young person is looked after from the instant the order is made – with or without a physical copy of the order.
If a child is taken into Police Protection or Emergency Protection Order, they are looked after as soon as they are taken into protection or the order is made.
1.2 Considerations before a Decision to Look After is Made
Before a decision is made that criteria has been met to look after a child, consideration must be given to either putting in resources at home to support the family and safeguard the child or making arrangements with extended family members or friends who might be prepared to care for the child for up to 28 days without the need for the child to come into care. The child may come within the definition of Privately Fostered after 28 days, in which case the Private Fostering Procedure will apply.
In these circumstances, care must be taken where the local authority has been involved in the arrangements for the child to be cared for by relatives; the child may be viewed as within the definition of Looked After and a legal view may be helpful to clarify the status of the child and the placement. In these circumstances see Placement with Family and Friends/Connected Persons (Including Regulation 24 Placements) Procedure.
In any event, such arrangements would have to be agreed with the parent or a person with Parental Responsibility, and the social worker must be satisfied that such an arrangement is sufficiently safe to meet the child's needs and is supported by a Child in Need Plan.
These are not 'family agreements' where parents would not have done so without CS intervention and CS must not make payments in cash or in kind, unless those arrangements have been approved, in writing, by a Service Manager or Head of Service.
If no such arrangement can be identified or such an arrangement would not meet the child's needs, the child's social worker, with his or her Team Manager, should consider:
- The child's immediate placement needs - including the child's views, the views of the parents, those with Parental Responsibility and any other person whose wishes and feelings the authority consider to be relevant - and whether a placement with a relative or friend under Regulation 38 may be possible;
- The timescales for the child's placement;
- A date for the child to return home or when the decision will be reviewed;
- The actions of support and work to be included in the Care Plan to enable the necessary change for the child to return home wherever possible;
- The contact arrangements with birth parents, siblings, extended Family and Friends.
Where it is considered that Care Proceedings should be initiated to secure the child's placement, see also Court Proceedings Procedure.
N.B. Any decision that a child should be the subject of Care Proceedings should have regard to the requirements of the Public Law Outline, and in particular the Pre-Proceedings Checklist which is set out in Public Law Outline.
All decisions made should be recorded on the child's electronic record, including the reasons for reaching the decision.
1.3 Obtaining Parental Consent to Look After a Child
A recent Court of Appeal hearing (L B Hackney v Williams & Anor  EWCA Civ 26) confirmed that 'Consent' under any of the Section 20 provisions was not a statutory requirement as such. It stated that the local authority has a duty to provide accommodation for children, (subject to a parent being able to legally object and / or remove) where the person who had been caring for them was 'prevented (whether or not permanently and for whatever reason) from providing them with suitable accommodation or care'.
This, therefore, supports the local authority in its duties towards children on those occasions where 'parental consent' cannot, for a variety of reasons, be obtained at the time of a child's accommodation or parents cannot effect care of the child themselves.
Nevertheless, with regard to previous court judgments on 'consent', it reflected that they were, 'in short, good practice guidance and a description of the process that the family court expects to be followed'.
Section 20 agreements are not valid unless the parent giving consent has capacity to do so, the consent is properly informed and fairly obtained (and without coercion) from the outset. Willingness to consent cannot be inferred from silence, submission or acquiescence - it is a positive action.
Every social worker has a personal duty to be satisfied that the person giving the consent has capacity to do so. The social worker must actively address the issue of capacity and take into account the circumstances at the time and weigh all the relevant information.
Detailed guidance on the obtaining of parental consent was given by the High Court in the case of Re CA (A Baby) (2012):
- The social worker must first be satisfied that the parent giving consent does not lack the mental Capacity to do so. Under the Mental Capacity Act 2005, a person is unable to make a decision if s/he is unable:
- To understand the information relevant to the decision;
- To retain that information;
- To use or weigh that information as part of the process of making the decision; or
- To communicate his/her decision.
- If there is doubt about Capacity, no further attempts to obtain consent should be made at that time, and advice should be sought from a manager;
- In cases where the parent is not fluent in English steps have been made to ensure that the parent has a proper understanding of what precisely they are being asked to agree to by including the use of interpreting and provision of text translated into in the parent's own language which they sign to indicate that they have read the document and agree to its terms.
- Special care must be taken when considering asking a woman who has just given birth for S20 consent, In these cases careful consideration needs to be given as to whether this request should be made especially where there is no immediate danger to the child and where probably no order would be made.
- If satisfied that the parent has Capacity, the social worker must be satisfied that the consent is fully informed:
- Does the parent fully understand the consequences of giving such a consent?
- Does the parent fully appreciate the range of choice available and the consequences of refusal as well as giving consent?
- Is the parent in possession of all the facts and issues material to the giving of consent?
- Does the parent understand that they can withdraw their consent at any time and their child would be returned immediately?
- If not satisfied that the consent if fully informed, no further attempt should be made to obtain consent on that occasion and advice should be sought from a manager and legal advice sought if thought necessary;
- If satisfied that the consent is fully informed, then it is necessary to be satisfied that the giving of such consent and the subsequent removal of the child from the parent is both fair and proportionate:
- What is the current physical and psychological state of the parent?
- If they have a solicitor, have they been encouraged to seek legal advice and/or advice from family or friends before signing consent or immediately after?
- Is it necessary for the safety of the child for her to be removed at this time?
- Would it be fairer in this case for this matter to be the subject of a court order rather than an agreement?
2. Actions Required after a Decision that Threshold is met to Look After is Made
The Social Worker makes a referral to the Brokerage Team for a Suitable Placement
In relation to children where an application for an EPO or on notice Care Proceedings are being considered to secure the child's placement, see also Court Proceedings Procedure.
Social worker must complete the Placement Plan on LCS obtaining signature(s) of a parent giving parental consent to look after the child (S20) and parental consent to medical treatment and routine immunisations and assessments for S20, Police Protection, EPO and Interim Care Order.
The Placement Plan must also be signed by the placement carer when the child is placed.
A copy of the signatures must be kept in the paper file and also scanned into forms on LCS.
Where consideration is being given to pursue a Looked After placement with a relative or friend, an immediate viability assessment of the relative/friend must be undertaken. Where the placement is agreed by the Head of Service, the social worker must make a referral to the Fostering Team to conduct an assessment of the relative/friend as a Family and Friends/Connected Persons Foster Carer with a view to presentation to the Fostering Panel.
If the placement has not been identified through the brokerage service then they must be notified by the social worker so that the CLA review process can be instigated.
The Social Worker is required to hold a Placement Planning Meeting either before or within 72 hours of placement. See Placement of Children Looked After Procedure.
For secure placements, see Placements in Secure Accommodation Procedure.
In the case of siblings, wherever it is in the best interests of each individual child, they should be placed together. Where they cannot be placed together, they must be supported to understand why they cannot live together, and there should be robust plans for contact between them, so far as this is consistent with their welfare.
Consideration should also be made with regards to Criminal Injuries Compensation. Records should indicate whether or not proceeding with an application is suitable or not.
3. The Care Plan
In all circumstances where a decision is made to look after a child, the child must have a Care Plan completed by the social worker and signed off on LCS by the Team Manager prior to the first placement or, if this is not practicable, within 10 working days of the first placement. The child's social worker will draw up a draft child's plan on LCS with clear timescales. This will include the arrangements for the placement, contact, a Personal Education Planning PEP meeting (see Education of Children Looked After Procedure) and for the child or young person to have an Initial Health Assessment (see Section 5.7 of this Manual, Health and Wellbeing).
For further details of Care Planning please see the dedicated Care Planning Guidance.
Where there is no recent Child and Family Assessment in relation to the child, the Care Plan must provide for this to be completed.
The child's social worker is responsible for drawing up the Care Plan in consultation with:
- The Team Manager;
- The carers;
- Supervising SW/agency;
- The child;
- The child's parents;
- Anyone who is not a parent but has been caring for or looking after the child;
- Other members of the child's family network who are significant to the child;
- The child's school or the education service;
- The relevant health professionals;
- The Youth Offending Service, if the child is known to them;
- Any other agency involved with the child's care.
The social worker should ensure that the child, those with Parental Responsibility and the carer understand the Care Plan and their role in contributing to its implementation.
The Care Plan is subject to scrutiny at each Looked After Review.
3.1 Circulation of Care Plan
The Care Plan must be circulated to the following people:
- The child, if appropriate;
- The parent(s);
- The Independent Reviewing Officer.
The Fostering Service, can access the care plan on LCS. See LCS User Guide.
4. Further Details
4.1 Placement Plan
This will be read with Placement of Children Looked After Procedure.
The child must have a Placement Plan at the time of the placement (this includes the parent's consent to the placement (if applicable) and the child's medical treatment). It should be completed as far as possible before the child is placed.
Copies of the Placement Plan must be provided to the child (if of sufficient age and understanding), the parents and must be handed to the residential staff/carers before the child is placed. Where a child is placed in an in-house foster placement, the Fostering service can access documents through LCS. At the time of the placement, the residential staff/carers should also be given any additional information about details of the child's day to day needs which are not covered by the Placement Plan but are important to ensure that the staff/carers are in the best possible position to help the child settle in the new placement, for example any particular fears at night-time or the child's favourite toys.
Whenever a child or young person starts to be looked after, or the child moves placement, the child's Chronology should be updated. Click here for LCS Guidance. Please also see Chronologies and Historical Information Procedure.
4.3 Arrangement of first Looked After Review
The child's social worker must notify the Brokerage team (Central Placement Team) of the placement, so that the necessary arrangements for the allocation of an Independent Reviewing Officer (IRO) and the child's first Looked After Review can be made. See the Looked After Review Procedure for the procedures relating to reviews, including the responsibility for invitations to reviews.
4.4 Health Care
The parent needs to sign the Placement Plan to give their consent to Medical treatment, immunisations and routine checks.
Before or at the time of the placement, the social worker should request the parent to provide the child's personal child health record (Red Book). Where this is lost or not available, the social worker should ask the parent for essential health Information such as immunisations, illnesses and medication and record these on the Placement Plan.
The social worker should complete and sign Part A of the CoramBAAF Initial Health Assessment IHA Forms for Children and Young People and send it with the completed Placement Plan to the CLA Health Team to arrange an IHA. Please see Health Care Assessments and Health Care Plans Procedure for further details.
The social worker should inform the carer of any medication the child is taking, and ensure that a supply of medication is provided in a clearly labelled bottle with the child's name, required dosage and the time the medication is to be given of which a written record must be maintained. See LCS User Guide.
4.5 Personal Education Plan (PEP)
The social worker should also liaise with the Designated Teacher so that a Personal Education Plan (PEP) can be completed within 20 school days for the first Looked After Review. See Education of Children Looked After Procedure.
4.6 Provision of Information
The child's social worker must provide the child and parents with written information about the placement, unless this would put the child at risk. The information given to parents should be recorded in case notes on LCS.
The child and parents must also be provided with information about the complaints process and the availability of advocates.
4.7 Changes in Legal Status
Any changes in a child's legal status as a result of court proceedings must be recorded on LCS. See LCS User Guide.
5. Stopping of Child Benefit to Parent
Parents are not entitled to Child Benefit if their child is Looked After continuously for more than eight weeks. HMRC have produced a Guidance Leaflet for Social Workers and parents should be advised to check their entitlements through HMRC Child Benefit website.
Social workers may access the CH 193 Notification Form once on the HMRC website. The notification form MUST be sent to the Child Benefit Office by the social worker as soon as it's clear that a child will be looked after for 8 weeks or more and parents MUST be informed that the Child Benefit Office has been notified.
6. Use of Mother (or Father) and Baby Foster Placements
Mother & Baby Foster placements should only be used in very limited and exceptional circumstances, e.g. in teenage pregnancy where the parent themselves needs support and guidance on parenting skills and any associated risks are assessed for appropriateness for such a placement. This might also be a care leaver, who lacked knowledge and family support, a 15/16 year old whose family could not or would not offer support or an order by the court for an older mother and her baby.
Mother and Baby foster placements are NOT suitable in the following circumstances:
- As a holding mechanism to defer decisions or to await residential assessment;
- For Assessment: carers do not have the skills and training to do this and the circumstances are not consistent with independent assessment;
- Where there are any significant Child Protection issues, because again the circumstances do not allow for 24/7 supervision, nor is it appropriate to be asking a carer to exercise this degree of vigilance and control.
In summary foster placement should only be considered for young parents who need guidance and support, and not in circumstances where there are any assessed CP or lifestyle concerns with the parent or their partner that would deem such a placement unsuitable or unsafe.
From this it can be seen that there will be very few cases where it would be appropriate to consider Mother and Baby foster placement, and especially within the Court arena where inevitably we are considering risk of significant harm. These cases are not suitable for foster placement and any suggestion of this should be robustly opposed.