Amendments

This chapter has been updated to include information from Guidance: Area SEND Inspections Framework and Handbook (November 2022). 

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Ofsted have added a separate judgement and evaluation criteria on ‘the experiences and progress of care leavers’, for implementation from January 2023.

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Part 1 of this chapter has been updated in line with case-law.

A link has been added to theIndependent Child Trafficking Guardians Referral Form. In areas where the ICTG service has been implemented, if the social worker considers a child to be a potential victim of modern slavery, they should refer them to the ICTG service by completing the online referral form.

This chapter has been significantly amended to reflect the ‘Review of Sexual Abuse in Schools and Colleges (Ofsted, June 2021)’; updated ‘Keeping Children Safe in Education’ (see Scope Box above) and Sexual Harassment in Education – Briefing (House Of Parliament Library, June 2021). (See Section 8.2, Protecting looked after children from sexual harassment and child on child abuse).

Information has been added in relation to NICE Quality Standard: Decision-Making and Mental Capacity (see new Section 6, NICE Quality Standard: Decision-Making and Mental Capacity), and was also updated to add information on a High Court case in relation to consent in the context of the use of medication to suppress puberty (see ‘Consent to the Use of Medication to Suppress Puberty’).

This chapter was amended: Section 15, Resolving Disagreements was updated to reference recent case-law holding that, as part of the mediation process, a parent/child/young person is entitled to bring along any supporter they wish, including a lawyer.

This chapter has been fully revised and amended and replaces a similar chapter. It covers an area of practice which is subject to legal change and legal advice must be sought as necessary.

Some provisions of the Immigration Act 2016 have come into force, while others are yet to come into force. Provisions which have not yet come into force include provisions that will end asylum support for refused families, limit the availability of Home Office support for refused asylum seekers, and introduce reforms to local authority support provision for destitute families and care leavers who have no immigration status.

A new Section 10, Use of Inherent Jurisdiction to Authorise a Placement Involving a Deprivation of Liberty When One or More of the Relevant Criteria Under Section 25 Children Act 1989 are Not Satisfied has been added. Section 6, Placements of Children under 13 years has been updated following publication of revised DfE guidance. A revised link was also added to Secure Children’s Homes.

This guidance has been reviewed and updated. Section 5, Insurance was updated to include details of how to apply for a Global Health Insurance Card (GHIC) which provides access to reduced cost or free medical insurance in the EU, Iceland, Liechtenstein, Norway or Switzerland. Section 6, Obtaining a Passport has also been updated to link to reissued Home Office guidance for Local Authorities Children’s Services Departments when Applying for Passports on Behalf of Children.

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

Statutory visits and monitoring of these placements are undertaken by the Responsible Authority (see Section 1.2, The Responsibilities of Authorities – Definitions).

However, note that this guidance is not relevant for Looked After Children – who have their own statutory visiting requirements (see Social Work Visits to Looked After Children Procedure).

This chapter has been updated to include additional information on parental capacity to consent, in line with High Court case-law.

This new chapter provides general information about social networking as well as highlighting aspects of social networking that apply particularly to children and young people who are looked after or have been adopted.

It is important that carers and staff who work with Children Looked After understand the opportunities and dangers that social networking can present to this group of vulnerable children and young people, and how best to support them in learning about safe use of the internet and social networking sites.

This chapter has been revised to set out in more detail the timetable and partnership requirements associated with effectively managing contacts and referrals.

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

Section 2.1, The Care Plan – Contents has been amended to reflect the additional ‘permanence provisions’ of the Care Plan (Section 8 Children and Social Work Act 2017 amends Section 31(3B) Children Act 1989) which a court is required to consider when deciding whether to make a Care Order. 

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

This procedure should be used by practitioners working with children and young people under the age of 18, where a deprivation of liberty may be occurring.

• Local Contacts.

In Section 3, Initial Meeting the DfE have published Intercountry Adoption and Resident Status Requirements which set out the minimum requirements, however entry clearance requirements vary depending upon the circumstances of each case and prospective adopters will need to obtain their own independent legal advice to establish the requirements that apply to their individual circumstances.

In Section 4, Formal Approval, a link has been added to Intercountry adoption: means test form which contains information on how to apply for a fee reduction for people who wish to adopt a child from overseas and who earn £45,000 per year or less.

This chapter has been extensively amended and now includes new/enhanced sections on 'Applications for Secure Accommodation'; 'Children to Whom Section 25 Applies', (including the issues of children aged 16 years and Section 20 Accommodation); 'Placements for Children aged under 13 years' and 'Support, Monitoring and Ending of Placements' etc. The chapter has also been re-titled to reflect its (original) content and purpose (that of applications for children on 'welfare grounds'), thereby distinguishing it from the 'Remands to Local Authority Accommodation, etc' (LASPO Act 2012).

The Police and the local authority will often need to share information as part of local safeguarding procedures. For children's services this is documented in 'Working Together'.