8. Child protection conferences |
Contents
8.1 |
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8.1.1 |
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8.1.2 |
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8.1.7 |
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8.2 |
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8.2.1 |
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8.2.9 |
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8.2.12 |
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8.3 |
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8.3.1 |
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8.3.6 |
Children with child protection plans who become looked after |
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8.3.13 |
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8.4 |
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8.4.7 |
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8.4.9 |
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8.5 |
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8.5.3 |
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8.5.14 |
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8.5.17 |
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8.5.25 |
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8.5.30 |
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8.6 |
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8.7 |
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8.8 |
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8.8.2 |
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8.8.15 |
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8.8.22 |
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8.9 |
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8.9.1 |
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8.9.4 |
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8.10 |
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8.10.1 |
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8.10.4 |
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8.10.13 |
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8.11 |
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8.12 |
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8.13 |
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8.14 |
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8.14.1 |
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8.14.6 |
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8.14.8 |
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8.14.10 |
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8.14.12 |
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8.15 |
Children who are subject of a child protection plan living in another borough |
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8.16 |
Administrative arrangements for child protection conferences |
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8.16.14 |
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8.16.15 |
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8.16.20 |
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8.17 |
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8.17.6 |
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8.17.8 |
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8.1 |
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Purpose of initial conference |
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8.1.1 |
The initial child protection conference brings together family members (and the child where appropriate), supporters / advocates and those professionals most involved with the child and family following a s47 enquiry. Its purpose is to:
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8.1.2 |
An initial child protection conference must be convened when it is believed that a child is suffering or likely to suffer significant harm. See section 8.14. Pre-birth conference. |
8.1.3 |
The conference must consider all the children in the household, even if concerns are only being expressed about one child. |
8.1.4 |
For all cases going to conference there should have been a strategy meeting / discussion and a referral to the police. |
8.1.5 |
The LA children's social care manager is responsible for making the decision to convene a child protection conference and the reasons for calling the conference (or not calling a conference following completion of a s47 enquiry) must be recorded. |
8.1.6 |
A conference should be convened if requested by a professional, supported by a senior manager / named or designated professional. If disagreement remains between agencies, the conflict resolution procedures in section 18. LSCBs, quality assurance and conflict resolution should be followed. |
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8.1.7 |
The initial child protection conference should take place within 15 working days of:
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8.1.8 |
If there is an emergency protection order (EPO) and it is decided to hold a child protection conference, the conference should, whenever possible, be held before the EPO expires. |
8.1.9 |
Where a child assessment order has been made, the conference should be held immediately on conclusion of examinations and assessments. |
8.1.10 |
Where there is delay, this must be reported to the LA children's social care manager (including reasons for the delay) and LA children's social care must ensure risks of harm to the child are monitored and action taken to safeguard the child. |
8.2 |
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Purpose of review conference |
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8.2.1 |
The purpose of the child protection review conference is to:
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8.2.2 |
Every review should consider explicitly whether the child is suffering, or is likely to suffer, significant harm and hence continues to require safeguarding from harm through adherence to a formal child protection plan. If not, then the child should no longer be the subject of a child protection plan. If the child is considered to be suffering significant harm, the local authority should consider whether to initiate family court proceedings. For further guidance see Volume 1 of the Children Act 1989 Guidance and Regulations, Court Orders 96. |
8.2.3 |
The review conference requires as much preparation, commitment and management as the initial child protection conference. The same decision-making and other procedures should be used to reach a judgement on continuing to have a child protection plan as is used at the initial child protection conference. |
8.2.4 |
Thorough regular review is critical to achieving the best possible outcomes for the child and includes:
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8.2.5 |
The conference must consider all the children in the household, even if concerns are only being expressed about one child. |
8.2.6 |
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 planned outcomes set out in the child protection plan. The content of the report to the child protection review conference should be consistent with the information set out in the Child Protection Review (DoH, 2002). |
8.2.7 |
Every review should consider explicitly whether the child continues to be at risk of significant harm, and hence continues to require safeguarding from harm through adherence to a formal child protection plan. |
8.2.8 |
If not, then the child should no longer be the subject of a child protection plan and the conference should consider what continuing support may benefit the child and family. See section 8.12. Child does not require a protection plan. |
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8.2.9 |
The first child protection review conference should be held within three months of the date of the initial child protection conference. |
8.2.10 |
Further reviews should be held at intervals of not more than six months for as long as the child remains the subject of a child protection plan (unless the initial conference was a pre-birth conference - see section 8.14. Pre-birth conference). |
8.2.11 |
Where necessary, reviews should be brought forward where / when:
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8.2.12 |
As a minimum quorum, at every review conference there should be attendance by local authority children's social care and at least two other professional groups or agencies, which 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 (that is, local authority children's social care and two others), this minimum quorum may be breached. |
8.3 |
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Looked after children with child protection plans |
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8.3.1 |
Where a child has suffered, or is likely to suffer, significant harm in the future it is the local authority's duty to decide whether to initiate legal action e.g. care proceedings. Where a child who is the subject of a child protection plan becomes looked after by the local authority, the child protection plan should form part of the looked after child's overarching care plan. |
8.3.2 |
Children who are already looked after will not usually be the subject of child protection conferences, though they may be the subject of a s47 enquiry. The circumstances in which a child who is looked after may be subject to a child protection plan or be considered for a child protection conference would be:
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8.3.3 |
If it is proposed that a child subject to a care order should be returned to their birth family / returned home, the members of the looked after child care review (child care review) considering the proposal for rehabilitation must decide and record whether an initial child protection conference should be convened. If the decision is that an initial child protection conference should be convened, the child's social worker must request it. |
8.3.4 |
If a child is made subject to an interim care order as a result of proceedings commenced whilst the child is subject to a s47 enquiry, there should be consideration of whether the child should be the subject of an initial child protection conference. If the decision is not to convene an initial child protection conference, the issue of the child's safety must be considered at every child care review until the final hearing and the Chair must record whether an initial child protection conference is necessary and what steps have been taken to ensure the child is protected from significant harm. |
8.3.5 |
If a parent removes or proposes to remove a child looked after under s20 from the care of the local authority and there are serious concerns about that parent's capacity to provide for the child's needs and protect them from significant harm, the LA social worker must discuss the case with the LA manager and make a decision about whether a child protection enquiry should be initiated. If a child protection enquiry is initiated, the reasons for this must be clearly recorded on the child's record and may lead to an initial child protection conference. In such circumstances, the LA social worker and manager should consider whether legal action is required to protect the child. |
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8.3.6 |
When a child who is subject of a child protection plan becomes looked after, there must be a careful assessment of the risk of significant harm. |
8.3.7 |
If a child subject of a child protection plan becomes looked after under s20, their legal situation is not permanently secure and the next child protection review conference should consider the child's safety in the light of the possibility that the parent can simply request their removal from the local authority's care. The child protection review conference must be sure that the looked after child care plan provides adequate security for the child and sufficiently reduces or eliminates the risk of significant harm identified by the initial child protection conference. |
8.3.8 |
If a child ceases to be subject of a child protection plan as a result of a decision at a child protection review conference, and the parent then unexpectedly requests the return of the child from the local authority's care, the LA social worker and manager should discuss the need for an initial child protection conference. The social worker must record the reasons for the decision whether or not to hold a conference. If the decision is not to convene an initial child protection conference, the LA social worker and manager must record their core assessment analysis of the factors that have reduced or removed the risk of significant harm. |
8.3.9 |
If a child who is subject of a child protection plan becomes the subject of an emergency protection order, the next child protection review conference should consider their safety. |
8.3.10 |
The child protection review conference must decide whether the looked after child care plan provides adequate security for the child and reduces sufficiently or eliminates the risk of significant harm identified by the initial child protection conference. If the child protection review conference believes the child's circumstances provide sufficient protection from the risk of significant harm, the conference may decide that the child no longer needs to be subject of a child protection plan. |
8.3.11 |
If a court grants a care order in respect of a child who is subject of a child protection plan, the subsequent child protection review conference must make an assessment about the security of the child, considering issues such as contact and the looked after care plan for the child. If the care plan for the child involves remaining in or returning to the family of origin, the child protection review conference should give careful consideration to whether the child can be adequately protected through the framework of the child care reviews. |
8.3.12 |
When there is a considerable delay until the date of the next child protection review conference, this can be brought forward to consider a proposal that a child should cease to be subject of a child protection plan. |
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8.3.13 |
Where a looked after child remains the subject of a child protection plan there must be a single plan and a single planning and reviewing process, led by the Independent Reviewing Officer (IRO). This means that the timing of the review of the child protection aspects of the care plan under the requirements of these London Child Protection Procedures should be the same as the review under the Care Planning, Placement and Case Review (England) Regulations 2010 and the accompanying statutory guidance Putting Care into Practice. This will ensure that up to date information in relation to the child's welfare and safety is considered within the review meeting and informs the overall care planning process. |
8.3.14 |
Consideration should be given to whether the criteria continue to be met for the child to remain the subject of a child protection plan. Significant changes to the care plan should only be made following the looked after child's review. |
8.3.15 |
Significant changes to the care plan can only be made at the looked after children review meeting. |
8.3.16 |
Consideration should be given to the IRO chairing the child protection conference where a looked after child remains the subject of a child protection plan despite there being:
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8.3.17 |
This should be decided on an individual case basis and managed to ensure that the independence of the independent reviewing officer is not compromised. Where it is not possible for the IRO to chair the child protection conference the IRO will attend the child protection review conference. |
8.4 |
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8.4.1 |
A conference should consist of only those people who have a significant contribution to make due to their knowledge of the child and family or their expertise relevant to the case. This is likely to include:
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8.4.2 |
Additional invitations to conference should be provided to all professionals with a need to know or who have a contribution to the task involved. These may include:
See also the National Standards for the Provision of Children's Advocacy Services, 2002 DoH, and the Protocol for Advice and Advocacy for Parents (Child Protection), 2002 - [Bridget Lindley, andamp and Martin Richards, Centre for Family Research, University of Cambridge] which outlines ethical and practice issues when advocates become involved in helping parents. |
8.4.3 |
A professional observer can only attend with the prior consent of the Chair and the family, and must not take part in discussions or decision-making. |
8.4.4 |
Professionals who are invited but unable to attend for unavoidable reasons should:
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8.4.5 |
Babies and young children should not normally be permitted to enter the conference room as they will cause distraction from the business-like nature of the meeting. Parents should be assisted to make arrangements for their care where necessary. |
8.4.6 |
Agencies are expected to share information about the child and family in written form, prior to the conference, whether or not they are able to attend the conference. See section 8.8. Information for conference. |
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8.4.7 |
The location and timing of the conference should be planned to ensure maximum attendance from the most critical attendees. Conferences should not be scheduled for times when parents will be busy looking after children at home (e.g. after the end of the school day). Wherever possible, LA children's social care should provide parents with the opportunity to utilise appropriate day care for their children to enable their attendance at the conference. |
8.4.8 |
LA children's social care is responsible for taking into account health and safety issues and security arrangements when planning each conference. See also section 8.6. Exclusion of family members from a conference. |
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8.4.9 |
The primary principle for determining quoracy is that there should be sufficient agencies present to enable safe decisions to be made in the individual circumstances. |
8.4.10 |
The minimum representation is LA children's social care and at least two professional groups or other agencies who have had direct contact with the child who is the subject of the conference. In this context, a school is a separate agency from the rest of the local authority's children's services. The local authority should provide a representative each for LA children's social care and the school. |
8.4.11 |
Attendees whose contribution relates to their professional expertise or responsibility for relevant services are not counted in determining quoracy. |
8.4.12 |
Where a conference is inquorate it should not ordinarily proceed, and in such circumstances the Chair must ensure that either:
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8.4.13 |
Another early conference date must be set immediately. |
8.4.14 |
In exceptional circumstances, the Chair may decide to proceed with the conference despite lack of agency representation. This would be relevant where:
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8.4.15 |
Where an inquorate conference is held, an early review conference should be arranged. |
8.5 |
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8.5.1 |
It is important that the principles of partnership with children and parents are maintained in the child protection process. The following are minimum requirements for all attendees of the conference and the responsibility of the Chair of the conference to uphold:
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8.5.2 |
Explicit consideration should be given to the potential for conflict between family members and possible need for children or adults to speak without other family members present. |
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8.5.3 |
All parents and carers must be invited to conferences (unless exclusion is justified as described below). |
8.5.4 |
The social worker must facilitate their constructive involvement by ensuring in advance of the conference that they are given sufficient information and practical support to make a meaningful contribution. |
8.5.5 |
The social worker must explain to parents the purpose of the meeting, who will attend, the way in which it will operate and the complaints process. |
8.5.6 |
Preparation should include consideration of childcare arrangements to enable the attendance of parent/s. |
8.5.7 |
Written information should be left with the family regarding conferences, the right to bring a friend, supporter (including an advocate) or solicitor (in role of supporter), details of any local advice and advocacy services and the conference complaints procedure. |
8.5.8 |
The role of the supporter is to enable the parent to put their point of view, not to take an adversarial position or cross-examine participants. |
8.5.9 |
Those for whom English is not a first language must be offered and provided with an interpreter, if required. A family member should not be expected to act as an interpreter of spoken or signed language. See section 5.50. Working with interpreters / communications facilitators. |
8.5.10 |
Provision should be made to ensure that visually or hearing impaired or otherwise disabled parents are enabled to participate. |
8.5.11 |
If parents feel unable to attend the conference, alternative means should be provided for them to communicate with the Chair of the conference. This might include providing the parent with independent assistance for views to be written or recorded for the conference or encouraging a parent to appoint a professional advocate or solicitor to attend on their behalf. |
8.5.12 |
Prior to the conference, the Chair should meet with any family members to ensure they understand the process. This may, where the potential for conflict exists, involve separate meetings with the different parties. |
8.5.13 |
Exceptionally, it may be necessary to exclude one or more family members from a conference, in whole or in part. Where a parent attends only part of a conference as a result of exclusion, they must receive the record of the conference. The Chair should decide if the entire record is provided or only that part attended by the excluded parent (see section 8.6. Exclusion of family members from a conference). |
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8.5.14 |
The child, subject to their level of understanding, needs to be given the opportunity to contribute meaningfully to the conference. |
8.5.15 |
In practice, the appropriateness of including an individual child must be assessed in advance and relevant arrangements made to facilitate attendance at all or part of the conference. |
8.5.16 |
Where it is assessed, in accordance with the criteria below, that it would be inappropriate for the child to attend, alternative arrangements should be made to ensure their wishes and feelings are made clear to all relevant parties (e.g. use of an advocate, written or taped comments). |
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8.5.17 |
The primary questions to be addressed are:
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8.5.18 |
The test of 'sufficient understanding' is partly a function of age and partly the child's capacity to understand. The following approach is recommended:
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8.5.19 |
In order to establish their wishes with respect to attendance, the child must first be provided with a full and clear explanation of purpose, conduct and membership of the conference and potential provision of an advocate or support person. |
8.5.20 |
Written information translated into the appropriate language should be provided to those able to read and an alternative medium (e.g. tape) offered those who cannot read. |
8.5.21 |
A declared wish not to attend a conference (having been given such an explanation) must be respected. |
8.5.22 |
Consideration should be given to the views of and impact on parent/s of their child's proposed attendance. |
8.5.23 |
Consideration must be given to the impact of the conference on the child (e.g. if they have a significant learning difficulty or where it will be impossible to ensure they are kept apart from a parent who may be hostile and / or attribute responsibility onto them). Consideration must be given in particular to the extent to which it is appropriate for a child to hear details of a parent's personal difficulties and a parent's view about this must be respected. |
8.5.24 |
In such cases, energy and resources should be directed toward ensuring that, by means of an advocate and / or preparatory work by a social worker, the child's wishes and feelings are effectively represented. |
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8.5.25 |
In advance of the conference, the Chair and social worker should agree whether:
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8.5.26 |
If a child attends all or part of the conference, it is essential that they are prepared by the social worker or independent advocate who can help them prepare a report or rehearse any particular points that the child wishes to make. |
8.5.27 |
Those for whom English is not a first language should be offered and provided with an interpreter. A family member should not be expected to act as an interpreter of spoken or signed language. See section 5.50. Working with interpreters / communications facilitators. |
8.5.28 |
Provision should be made to ensure that a child who has any form of disability is enabled to participate. |
8.5.29 |
Consideration should be given to enabling the child to be accompanied by a supporter or an advocate. |
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8.5.30 |
Indirect contributions from a child should, whenever possible, include a pre-meeting with the conference Chair. |
8.5.31 |
Other indirect methods include written statements, e-mails, text messages and taped comments prepared alone or with independent support, and representation via an advocate. |
8.5.32 |
Childcare professionals should all be able to represent a child's views and a particular responsibility falls upon the social worker to do so. It is more important that the child feels involved in the whole process of child protection assessment rather than merely receiving an invitation to the conference. |
8.6 |
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8.6.1 |
Exceptionally, it may be necessary to exclude one or more family members from part or all of a conference. |
8.6.2 |
These situations will be rare and the conference Chair, or other participants, must be notified as soon as possible by the social worker if it is considered necessary to exclude one or both parents for all or part of a conference. The Chair should make a decision according to the following criteria:
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8.6.3 |
Where a worker from any agency believes a parent should, on the basis of the above criteria, be excluded, representation must be made, if possible at least three working days in advance, to the Chair of the conference. |
8.6.4 |
The agency concerned must indicate which of the grounds it believes is met and the information or evidence on which the request is based. The Chair must consider the representation carefully and may need legal advice. |
8.6.5 |
If, in planning a conference, it becomes clear to the Chair that there may be a conflict of interest between the children and the parents, the conference should be planned so that the welfare of the child can remain paramount. |
8.6.6 |
This may mean arranging for the child and parents to participate in separate parts of the conference and make separate waiting arrangements. |
8.6.7 |
Any exclusion period should be for the minimum duration necessary and must be clearly recorded in the conference record. |
8.6.8 |
It may also become clear in the course of a conference that its effectiveness will be seriously impaired by the presence of the parent/s. In these circumstances the Chair may ask them to leave. |
8.6.9 |
Where a parent is on bail, or subject to an active police investigation, it is the responsibility of the Chair to ensure that the police representative can fully present their information and views and also that the parents participate as fully as circumstances allow. This might mean that if the police representative is a police officer they may be asked to leave a conference after providing information. It is not appropriate for a police officer to administer a caution to parents prior to the conference; the purpose of the conference is to enable analysis and not to progress a criminal investigation. |
8.6.10 |
The decision of the Chair over matters of exclusion is final regarding both parents and the child/ren. |
8.6.11 |
If, prior to the conference, the Chair has decided to exclude a parent, this must be communicated in writing with information on how they may make their views known, how they will be told the outcome of the conference and about the complaints procedure. See section 8.17. Complaints by service users. |
8.6.12 |
Those excluded should be provided with a copy of the social worker's report to the conference and be provided with the opportunity to have their views recorded and presented to the conference. The Chair will determine whether or not the excluded parent should receive the record of the conference. |
8.6.13 |
If a decision to exclude a parent is made, this must be fully recorded in the record. Exclusion at one conference is not reason enough in itself for exclusion at further conferences. |
8.7 |
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8.7.1 |
If parents and / or children do not wish to attend the conference they must be provided with full opportunities to contribute their views. The social worker must facilitate this by:
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8.8 |
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8.8.1 |
In order for the conference to reach well-informed decisions based on evidence, it needs adequate preparation and sharing of information on the child/ren's needs and circumstances by all agencies who have had significant involvement with the child and family, including those who were involved in the s47 enquiry. |
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8.8.2 |
LA children's social care should provide the conference with a written report that summarises and analyses the information obtained in the course of the initial assessment and the core assessment undertaken under s47 of the Children Act 1989 (in as far as it has been completed within the available time period) and information in existing records relating to the child and family. |
8.8.3 |
The report for a child protection conference should be consistent with the information set out in the Initial Child Protection Conference Report (DoH, 2002) and local procedures. |
8.8.4 |
Where decisions are being made about more than one child in a family the report should consider the safeguarding needs of each child. |
8.8.5 |
The core assessment is the means by which a s47 enquiry is carried out. Although a core assessment will have been commenced, it is unlikely it will have been completed in time for the conference, given the 35 working day period that such assessments can take. |
8.8.5 |
The conference report should include information on the dates the child was seen by the lead social worker during the course of the section 47 enquiries, if the child was seen alone and if not, who was present and for what reasons. |
8.8.6 |
The LA children's social care child protection conference report should include:
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8.8.7 |
The report should make clear which children are the subject of the conference, as previously decided by the LA children's social worker and his/her manager. |
8.8.8 |
The report should include information on the dates the child was seen by the lead social worker during the course of the section 47 enquiries, if the child was seen alone and if not, who was present and for what reasons. |
8.8.9 |
The report must make clear the distinction between fact, observation, allegation and opinion. When information is provided from another source (i.e. it is second or third hand), this should be made clear. |
8.8.10 |
All children in the household need to be considered and information must be provided about the needs and circumstances of each of them, even if they are not the subject of the conference. |
8.8.11 |
The report should be provided to parents and older children (to the extent that it is believed to be in their interests) at least two working days in advance of the initial conferences and a minimum of five working days before review conferences to enable any factual errors to be corrected and the family to comment on the content. |
8.8.12 |
The contents of the report should be explained and discussed with the child and relevant family members, in the preferred format (for younger children and those with special needs) and language/s of the child and family members. A family member should not be expected to act as an interpreter of spoken or signed language. See section 5.50. Working with interpreters / communications facilitators. Where necessary, the reports should be translated into the relevant language or medium. |
8.8.13 |
The report should be available to the conference Chair at least one working day prior to the initial conference and five working days in advance of the review conference. |
8.8.14 |
The report will be attached to (or subsumed in full into) the record of the conference for circulation to those invited to the conference. |
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8.8.15 |
All the agencies invited to the conference should provide details of their involvement with the family and their assessment of the situation. |
8.8.16 |
This information should be submitted in a written, legible and signed report for the conference. The report should be available to the conference Chair and other attendees two working days in advance of the conference and five working days for a review conference. All agencies should have a conference report proforma, approved by the Local Safeguarding Children Board. |
8.8.17 |
The report must make clear which child/ren are the subject of the conference, whilst also addressing any known needs and circumstances of all children in the household. |
8.8.18 |
The report must make clear the distinction between fact, observation, allegation and opinion. When information is provided from another source (i.e. it is second or third hand), this should be made clear. |
8.8.19 |
For agencies in contact with the family, the report should be shared with the family before the conference in the same way as described for LA children's social care in sections 8.8.9 and 8.8.10 above. |
8.8.20 |
The reports will be attached to, or subsumed within, the record for circulation. Police reports must not be circulated with minutes, they must be collected at the end of the meeting. |
8.8.21 |
Where any agency representatives are unable to attend the conference, they must ensure that a written report is made available to the conference and, where possible, that a colleague attends in their place. |
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8.8.22 |
Children and family members should be helped in advance to consider what they wish to convey to the conference, how they wish to do so and what help and support they will require (e.g. they may choose to communicate in writing, by tape or with the help of an advocate). |
8.8.23 |
Families may need to be reminded that submissions need to be sufficiently succinct to allow proper consideration within the time constraints of the child protection conference. |
8.9 |
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Conference Chair |
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8.9.1 |
The Chair of a child protection conference will be a LA children's social care manager or an independent Chair, accountable to the Director of Children's Services. They must not have or have had operational or line management responsibility for the case. |
8.9.2 |
The status of the Chair should be sufficient to ensure multi-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. |
8.9.3 |
A conference Chair should be trained in the role and should have:
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8.9.4 |
The Chair must meet with the family, child and social worker prior to the conference to ensure they understand the purpose of the conference and how it will be conducted. |
8.9.5 |
At the start of the conference the Chair should:
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8.9.6 |
During the conference the Chair should ensure that:
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8.9.7 |
If a decision is made that a child requires a protection plan to safeguard their welfare, the Chair should ensure that:
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8.9.8 |
If the conference determines that a child does not need the specific assistance of a protection plan but does need help to promote their welfare, the Chair may ensure that the conference draws up a child in need plan or makes appropriate recommendations for a plan. See section 8.11. Outline protection plan. |
8.9.9 |
The child protection plan should be reviewed at regular intervals of no more than every six months (initially three months). |
8.9.10 |
The Chair is responsible for holding the conference in a timely manner - unless in exceptional circumstances, an initial conference should be no more than two hours and review conferences no more than one and a half hours. |
8.10 |
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Threshold for a child protection plan |
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8.10.1 |
The conference should consider the following question when determining whether a child requires an multi-agency protection plan:
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8.10.2 |
The test is that either:
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8.10.3 |
If a child is at continuing risk of significant harm, then they will require multi-agency help and intervention delivered through a formal child protection plan. |
8.10.4 |
The primary purposes of this plan are to:
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8.10.4 |
In their decision making, the participants of the conference must take into account all the available evidence obtained through:
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8.10.5 |
The decision making process must take account of the views of all agencies represented at the conference and will normally take place with parents present. |
8.10.6 |
The Chair must ensure that the conference systematically elicits and records the views of each agency present or invited and the views of the parents and the child/ren, as appropriate. |
8.10.7 |
The Chair must make the decision about whether to make the child subject to a formal child protection plan. In doing so the Chair must take into account the views of other professionals, but they are not bound by them. Any dissent must be recorded. |
8.10.8 |
If parents disagree with the decision, the Chair must discuss the issue with them and explain their right to and the process for complaint. See section 8.17 Complaints by service users. |
8.10.9 |
If a decision is taken that the child is at continuing risk of significant harm and hence in need of a child protection plan, the Chair should determine which category of abuse or neglect the child has suffered or is at risk of suffering. The category used (that is physical, emotional, sexual abuse or neglect, see section 4. Recognition and response for definitions) will indicate to those consulting the child's social care record the primary presenting concerns at the time the child became the subject of a child protection plan. |
8.10.10 |
The need for a protection plan should be considered separately in respect of each child in the family or household. |
8.10.11 |
Where a child is to be the subject of a child protection plan, the conference is responsible for recommendations on how 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. |
8.10.12 |
Specific tasks include the following:
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8.10.13 |
The conference should use the same decision-making process to reach a judgement for when a protection plan is no longer needed. This includes situations where other multi-agency planning might need to replace a protection plan. |
8.10.14 |
A child may no longer need a protection plan if:
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8.10.15 |
It is permissible for the LA child protection manager to agree the discontinuing of a child protection plan without the need to convene a child protection review conference only when:
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8.10.16 |
When the process carried out at section 8.10.15 is followed, the consultation with other agencies and the decision to discontinue the child protection plan must be clearly recorded in the LA children's social care child's record. |
8.10.17 |
When a child is no longer subject of a child protection plan, notification should be sent, as a minimum, to the agencies' representatives who were invited to attend the initial conference that led to the plan. |
8.10.18 |
When a child protection plan is discontinued, the key worker must discuss with the parents and child/ren what services might be wanted and required, based on the re-assessment of the needs of the child and family. A child in need plan should be developed for any continuing support. The plan should be reviewed at regular intervals of no more than every six months. |
8.11 |
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8.11.1 |
The Chair should ensure that an outline child protection plan is drawn up at initial and review conferences, following the decision that a child is likely to suffer significant harm without such a plan. It is the role of the initial child protection conference to formulate the outline child protection plan in as much detail as possible. The aim of the outline plan is to assist the core group to form a more detailed plan and ensure that it is implemented. |
8.11.2 |
The outline plan should:
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8.12 |
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8.12.1 |
If the conference decides that a child is not at continuing risk of significant harm (see sections 8.10.1 and 8.10.2 above) then the conference may not make the child the subject of a child protection plan. The child may nevertheless require services to promote his or her health or development. In these circumstances, the conference should consider the child's needs and make recommendations for further help to assist the family in responding to them. |
8.12.2 |
The decision must be put in writing to the parent/s, and agencies as well as communicated to them verbally (use sections 4.33 and 4.36 of the Framework for the Assessment of Children in Need and their Families). |
8.13 |
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8.13.1 |
If an agency does not agree with a decision or recommendation made at a child protection conference, their dissent will be recorded in the record of the conference. |
8.13.2 |
If a professional concludes that a conference decision places a child at risk of harm, they must seek advice from their named, designated or lead professional or manager. |
8.13.3 |
The professional and their manager are responsible for ensuring that the issue is resolved before the child is exposed to further risk of significant harm. They should do this by making verbal and written representation to the conference Chair, and if this fails to resolve the issue then following the complaints procedure provided in section 18. LSCBs, quality assurance and conflict resolution. |
8.13.4 |
If parents disagree with the conference decisions, the Chair must further discuss their concerns and explain the appeals procedure / complaints process. See section 8.17 Complaints by service users. |
8.14 |
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Purpose |
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8.14.1 |
A pre-birth conference is an initial child protection conference concerning an unborn child. Such a conference has the same status and purpose and must be conducted in a comparable manner to an initial child protection conference. See section 8.1. Initial child protection conference. |
8.14.2 |
Pre-birth conferences should always be convened where there is a need to consider if an multi-agency child protection plan is required. This decision will usually follow from a pre-birth assessment. See section 6.8. Pre-birth referral and assessment. |
8.14.3 |
A pre-birth conference should be held where:
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8.14.4 |
Other risk factors to be considered are:
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8.14.5 |
All agencies involved with pregnant women should consider the need for an early referral to LA children's social care so that assessments are undertaken as early as possible in the pregnancy. |
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8.14.6 |
The pre-birth conference should take place as soon as practical and at least ten weeks before the due date of delivery, so as to allow as much time as possible for planning support for the baby and family; see section 8.14.12 Timing of review conference. |
8.14.7 |
Where there is a known likelihood of a premature birth, the conference should be held earlier. |
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8.14.8 |
Those who normally attend an initial child protection conference must be invited. In addition, representatives of the midwifery and relevant neo-natal services should also be invited. |
8.14.9 |
Parents or carers should be invited as they would be to other child protection conferences and should be fully involved in plans for the child's future. |
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8.14.10 |
If a decision is made that the unborn child needs the safeguarding of a protection plan, this must be set out in terms that will commence prior to the birth of the baby. |
8.14.11 |
The core group must be established and meet if at all possible prior to the birth, and definitely prior to the baby's return home after a hospital birth. |
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8.14.12 |
The first review conference should take place within one month of the child's birth or within three months of the date of the pre-birth conference, whichever is sooner. |
8.14.13 |
LA children's social care undertaking or commissioning a post-natal assessment should ensure that the assessment is structured in such a way as to provide a comprehensive report to the review child protection conference. |
8.14.14 |
In exceptional circumstances, the review conference date may be extended by a month with the written authorisation of a LA children's social care manager / child protection adviser if the review falls so soon after the birth that information from a post-natal assessment cannot be collated in time for the review conference. When this review is extended, care must be taken to ensure it is held within the three month time period. |
8.15 |
Children who are subject of a child protection plan living in another borough |
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8.16 |
Administrative arrangements for child protection conferences |
8.16.1 |
LA children's social care is responsible for administering the child protection conference service. |
8.16.2 |
Each Local Safeguarding Children Board must have clear arrangements for the organisation of child protection conferences including:
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8.16.3 |
All initial and review conferences should be minuted by a dedicated person whose sole task within the conference is to provide a written record of proceedings in a consistent format. Alternatively, an audiotape may be made by the LA children's social care for later transcriptions. |
8.16.4 |
Conference records should include:
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8.16.5 |
The conference record, signed by the conference Chair, should be sent to all those who attended or were invited to the conference within fifteen working days of the conference. Any amendments should be received within one week of receipt of record. |
8.16.6 |
A copy of the conference record should be given to and discussed with the parents by the LA social worker. The conference Chair may decide that confidential material should be excluded from the parent's copy. |
8.16.7 |
Where a friend, supporter or solicitor has been involved, the Chair should clarify with the parent whether a record should be provided for those individuals. |
8.16.8 |
Relevant sections of the record should be explained to and discussed with the child by the LA children's social worker. |
8.16.9 |
The conference Chair should decide whether a child should be given a copy of the record. The record may be supplied to a child's legal representative on request. |
8.16.10 |
Where parents and / or the child/ren have a sensory disability or where English is not their first language, the LA social worker should ensure that they receive appropriate assistance to understand and make full use of the record. A family member should not be expected to act as an interpreter of spoken or signed language. See section 5.50. Working with interpreters / communications facilitators. |
8.16.11 |
Conference records are confidential and should not be shared with third parties without the consent of either the conference Chair or order of the court. |
8.16.12 |
In criminal proceedings the police may reveal the existence of child protection records to the Crown Prosecution Service, and in care proceedings the records of the conference may be revealed in the court. |
8.16.13 |
The record of the decisions of the child protection conference should be retained by the recipient agencies in accordance with their record retention policies. |
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8.16.14 |
The outline plan, signed by the conference Chair, should be sent together with the decision letter, to all those who attended or were invited to the conference within one working day of the conference. This gives details of conference decisions and recommendations, the name of the key worker and details about the right to complain. |
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8.16.15 |
Each local authority should designate an experienced social care manager who has responsibility for:
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8.16.16 |
Information on each child known to LA children's social care should be kept up-to-date on the local authority's Integrated Children's System. This information should be confidential but accessible at all times to legitimate enquirers. The details of enquirers should always be checked and recorded on the system before information is provided. |
8.16.17 |
The GP should retain child protection initial conference and review reports as part of the child's health record, where practicable. Ultimately, the individual GP, depending on their type of health recording system, must make the best judgement on how to incorporate this information into the child's health record. |
8.16.18 |
If an enquiry is made about a child and:
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8.16.19 |
The Department for Education (DfE) / relevant Government department should be notified of the name of the designated manager and should be notified of any changes in designated managers. |
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8.16.20 |
On occasion, the relationship between the parents or other family members and the key worker may not be productive in terms of working to safeguard and promote the welfare of the child/ren. Provided that such a change is in the best interests of the child who is the focus of concern, agencies should respond sympathetically to a request for a change of worker. |
8.17 |
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8.17.1 |
Parents and, on occasion, children, may have concerns about which they wish to make representations or complain, in respect of one or more of the following aspects of the functioning of child protection conferences:
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8.17.2 |
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 Chair's manager in LA children's social care and the local authority complaints manager. |
8.17.3 |
Whilst a complaint is being considered, the decision made by the conference stands. |
8.17.4 |
The outcome of a complaint will either be that a conference is re-convened under a different Chair, that a review conference is brought forward or that the status quo is confirmed along with a suitable explanation. |
8.17.5 |
Complaints about individual agencies, their performance and provision (or non-provision) of services should be responded to in accordance with the relevant agency's own complaints management process. |
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8.17.6 |
The Chair of a reconvened child protection conference (either an initial or a review) must ensure that all those present have seen or are briefed at the conference about the decisions reached regarding the complaint. |
8.17.7 |
A distinction must be made by the Chair between the need to discuss the conclusions of the panel and the task of the child protection conference, which is to consider the child/ren's current circumstances. |
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8.17.8 |
No further internal processes for complaint exist in those cases where it is concluded that all relevant processes were followed and that the decisions that were made were reasonable. |
8.17.9 |
A complainant who nonetheless remains dissatisfied may wish to pursue their grievances via the Ombudsman or a Judicial Review. |
8.17.10 |
In what is likely to be a very rare case, where a reconvened conference has been recommended and held and the complainant does not accept the outcome, it is possible that, at the discretion of the complaints manager in liaison with the child protection manager, any remaining and clearly specified concerns may be reviewed. |





