8. Best Practice Guidance for Child Protection Conferences
8.1 Who Should Attend a Child Protection Conference?
8.1.1 |
Any conference should consist of the smallest number of people consistent with effective case management, but the following should normally be invited:
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8.1.2 |
In addition, invitees may include those whose contribution relates to their professional expertise and/or knowledge of the family and/or responsibility for relevant services, and should be limited to those with a need to know or who have a contribution to make to the assessment of the child and family. |
8.1.3 |
These may include:
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8.1.4 |
A professional observer can only attend with the prior consent of the Conference Chair and the family, and must not take part in discussions or decision-making. There will only be one observer at any conference. It is the responsibility of the professional requesting the attendance of the observer to seek the permission of the family at least one day before the conference. |
8.1.5 |
Professionals who are invited but unable to attend for unavoidable reasons should:
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8.1.6 |
The time of day at which a conference is convened should be determined to facilitate attendance of the family and key contributors. |
8.2 Enabling Parental Participation
8.2.1 |
All parents and persons with Parental Responsibility must be invited to conferences (unless exclusion is justified as described below). Parents will be encouraged to contribute to conferences; usually by attending, unless it is likely to prejudice the welfare of the child. |
8.2.2 |
The social worker must facilitate the constructive involvement of the parents by ensuring in advance of the conference that they are given sufficient information and practical support to make a meaningful contribution, including providing them with a copy of the Conference report prior to the meeting (see Section 4.7.2 LA children's social care report). |
8.2.3 |
Invitations for the parent(s) to attend the conference should be conveyed verbally by the social worker and will be confirmed in writing by the Safeguarding and Reviewing Unit. |
8.2.4 |
The social worker must explain to parents/carers the purpose of the meeting, who will attend, the way in which it will operate, the purpose and meaning if their child is deemed to require a Child Protection Plan and the complaints process. |
8.2.5 |
Provision should be made to ensure that visually or hearing impaired or otherwise disabled parents/carers are enabled to participate, including whether they need assistance with transport to enable their attendance. |
8.2.6 |
Preparation should also include consideration of childcare and travel arrangements to enable the attendance of parents. |
8.2.7 |
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. |
8.2.8 |
The parents should be provided with a copy of the relevant leaflet which includes information regarding the right to bring a friend, supporter (including an advocate) or solicitor (in the role of supporter), details of any local advice and advocacy services and Section 4.12 Complaints by children and/or parents. |
8.2.9 |
If parents 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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8.3 Criteria for Excluding Parents or Restricting their Participation
8.3.1 |
In circumstances where it may be necessary to exclude one or more family members from part or all of a conference the request to exclude or restrict a parents participation should be discussed with the Conference Chair and confirmed in writing if possible at least 3 days in advance. |
8.3.2 |
The agency concerned must indicate which of the grounds it believes is met and the information or evidence the request is based on. The Conference Chair must consider the representation carefully and may need legal advice before coming to a decision. |
8.3.3 |
The decision should be made according to the following criteria:
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8.3.4 |
Exclusion at one conference is not reason enough in itself for exclusion at further conferences. |
8.3.5 |
The possibility that the parent may be prosecuted for an offence against a child is not in itself a reason for exclusion although in these circumstances the Conference Chair may take advice from the Police and, if criminal proceedings have been initiated, the Crown Prosecution Service, about the implications arising from an alleged perpetrators attendance. |
8.3.6 |
If the Conference Chair makes a decision to exclude or restrict the participation of a parent, the decision should be communicated to the following people:
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8.3.7 |
The letter to the parent must be signed by the Conference Chair and set out
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8.3.8 |
Any exclusion period should be for the minimum duration necessary and the decision to exclude must be clearly recorded in the conference minutes. |
8.3.9 |
Those excluded should usually be provided with a copy of the social workers report to the conference and be provided with the opportunity to have their views recorded and presented to the conference. |
8.3.10 |
If, in planning a conference, it becomes clear to the Conference Chair that there may be conflict of interests between the children and parents, the conference should be planned so that the welfare of the child can remain paramount. |
8.3.11 |
This may mean arranging for the child and parents to participate in separate parts of the conference and make separate waiting arrangements. |
8.3.12 |
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 Conference Chair may ask them to leave. |
8.3.13 |
Where a parent is on bail, or subject to an active police investigation, it is the responsibility of the Conference Chair to ensure that the Police can fully present their information and views and also that the parents participate as fully as circumstances allow. |
8.3.14 |
The decision of the Conference Chair over matters of exclusion is final. |
8.3.15 |
Where a parent/carer attends only part of a conference as a result of exclusion, s/he will receive the record of the conference. The Conference Chair should decide if the entire record is provided or only that part attended by the excluded parent/carer. |
8.4 Enabling Children's Participation
Involving the Child |
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8.4.1 |
The child must be kept informed and involved throughout the Section 47 Enquiry and, if their age and level of understanding is sufficient, should be invited to contribute to the conference. The child's attendance at the Conference must be actively considered and the reasons for and against recorded. It is helpful to think of participation as a process rather than an event; the aim is to enable the child to understand and contribute to the decision making. |
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8.4.2 |
A decision about whether to invite the child should be made in advance of the conference by the Conference Chair, in consultation with the social worker, their manager and any other relevant professional, including the child's independent advocate where relevant. |
8.4.3 |
The key considerations are:
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8.4.4 |
The test of 'sufficient understanding', is partly a function of age and partly the child's capacity to understand. A guiding principle is that usually a child under 10 should not be invited to attend the Conference in person, but their views ascertained and included in the Social Workers report. |
8.4.5 |
In order to establish her/his wish with respect to attendance, the child must be first provided with a full and clear explanation of the purpose, conduct, membership of the conference and potential provision of an independent advocate - see The Child's Independent Advocate. |
8.4.6 |
Written information translated into the appropriate language should be provided to children able to read and an alternative medium e.g. tape, offered to those who cannot read. |
8.4.7 |
A declared wish not to attend a conference (having been given such an explanation) must be respected. |
8.4.8 |
Where there is a conflict between the wishes of the child and the views of the parents, the child's interests should be the priority. |
8.4.9 |
Consideration must be given to the impact of the conference on the child. Where it will be impossible to ensure they are kept apart from a parent who may be hostile and/or attribute responsibility onto them, separate attendance should be considered. |
8.4.10 |
The decision of the Conference Chair should be recorded, with reasons. |
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8.4.11 |
If it is decided that the child should not attend or to restrict participation, every effort should be made by the social worker to obtain and present the views and wishes of the child, which can include:
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8.4.12 |
If the decision is that the child is to attend the conference, then the social worker should:
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8.4.13 |
If the child is attending the Conference it is the responsibility of the Conference Chair (see also Responsibilities of the Conference Chair) to:
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8.4.14 |
If the child is attending the conference, it is the responsibility of all professionals to:
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8.4.15 |
It is essential that planning takes place prior to the conference to ensure that the practical arrangements are suitable. The social worker should in discussion with the Conference Chair:
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8.4.16 |
The social worker should inform the child about any advocacy service and help them to make contact if they wish to contact the service themselves. When a conference is being convened, a referral for an independent advocacy service may be made by the social worker in relation to any eligible child, subject to the child's consent. |
8.4.17 |
Where access to the advocacy service is denied, this should be discussed with the Conference Chair in advance of the conference. Where this is because of the lack of parental consent, this should be included in the social workers assessment report to the conference. |
8.4.18 |
The advocate will attend the conference with the child, subject to the child's consent. The advocate will not be present for any part of the conference where information is presented which will not be made available to the child. |
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8.4.19 |
The advocate should ensure that immediately after the conference the child has an opportunity to discuss what happened during the conference, the decisions made and, where appropriate the outline child protection plan. If the advocate has concerns about the child these should be discussed immediately with the social worker. |
8.4.20 |
The social worker should meet with the child immediately after the conference to:
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8.4.21 |
Identify what actions and outcomes the child believes should be included in any plan of intervention. This would include the Child Protection Plan or the Child in Need Plan. |
8.5 Responsibilities of the Social Worker before the Conference
General Responsibilities |
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8.5.1 |
The social worker is responsible for the following:
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8.5.2 |
The social worker should provide to the conference a typed, signed and dated written report, which must be endorsed and counter signed by their manager. The report should include the dates when the child was seen by the Lead Social Worker during the Section 47 Enquiry, if the child was seen alone and if not, who was present and for what reason. |
8.5.3 |
Information about all children in the household must be provided; the report should be clear about which children are the subjects of the conference, and reasons given if any children are not to be subjects. |
8.5.4 |
For a Child Protection Conference, the report should include:
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8.5.5 |
The report should be provided to parents and older children (to the extent that it is believed to be in their interests) in advance of the Child Protection Conference to enable any factual inaccuracies to be identified, amended and areas of disagreement noted. Comments or suggestions made by the child/parents as a result of seeing the report must be included or conveyed verbally to the conference. |
8.5.6 |
In exceptional circumstances where confidential information cannot be shared with the child or parent(s) beforehand, the social worker should seek guidance from their manager, who may wish to consult the Conference Chair. |
8.5.7 |
Where necessary, the reports should be translated into the relevant language, taking account of the language and any sensory or learning difficulties of the child/parents. |
8.6 Responsibilities of Other Professionals/Agencies
General Responsibilities |
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8.6.1 |
All participants are responsible for the following:
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8.6.2 |
All agencies which have participated in a Section 47 Enquiry or have relevant information about the child and/or family members should make this information available to the conference in a written report. |
8.6.3 |
The report should include details of the agencies involvement with the child and family, and information concerning the agencies knowledge of the child's developmental needs, the capacity of the parents to meet the needs of their child within their family and environmental context. |
8.6.4 |
Agency representatives attending conferences should confer with their colleagues before preparing their contribution to a conference, to make sure it contains all relevant and available information and, where a written report is prepared, bring sufficient copies of the report (legible and signed) to the conference. |
8.6.5 |
The reports must make it clear which child/ren are the subject of the conference, but address any known circumstances of all children in the household. |
8.6.6 |
Where possible, the reports should be shared with the parents and the child (if old enough) before the conference, in the same way as described for social workers. |
8.6.7 |
Such reports should also be made available to the Conference Chair, where possible, at least 1 working day in advance of the conference with copies for all those invited. |
8.6.8 |
Where agency representatives are unable to attend the conference, they must ensure that their report is made available to the conference, preferably in writing, through the local Safeguarding and Reviewing Unit, and that a colleague attends in their place. |
8.6.9 |
The reports will be attached to, or summarised within the minutes, for circulation. |
8.7 Responsibilities of the Conference Chair
8.7.1 |
The Conference Chair must not have any operational or line management responsibility for the case. |
8.7.2 |
The Conference Chair must ensure that, in addition to the social worker, at least two professional disciplines are represented at the conference unless agreed otherwise - The Conference Chair is responsible for ensuring that conferences are conducted in line with these procedures and in an anti-discriminatory manner, ensuring that everyone uses unambiguous respectful language. |
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8.7.3 |
Prior to the conference, the Conference Chair should meet with the child, parents and any advocate(s) to ensure that they understand the purpose of the conference and how it will be conducted. This may, where the potential for conflict exists, involve separate meetings with the different parties. Generally, meetings between the Conference Chair and family members and children, where appropriate, should take place 15 minutes or more before the conference formal starting time. |
8.7.4 |
Explicit consideration should be given to the potential of conflict between family members and possible need for children or adults to speak without other family members present. |
8.7.5 |
The level and manner of any supporters involvement in the conference will be negotiated beforehand with the Conference Chair. Supporters may seek clarification of information given by a conference member through the Conference Chair, but they will not be allowed to question conference members directly. |
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8.7.6 |
At the start of the conference the Conference Chair will:
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8.7.7 |
If the parent(s) or the child brings an advocate/supporter, the Conference Chair will need to clarify the advocate/supporter's role, ensuring that any solicitor who attends in this role is clear that he/she may support parent(s), clarify information but may not cross-examine any contributor. |
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8.7.8 |
The Conference Chair will ensure that:
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