2. Procedures for the Management of Individual Cases Where There Are Concerns About a Child's Safety and Welfare |
SCOPE OF THIS CHAPTER
This chapter has been updated to take account of the changes in Working Together to Safeguard Children 2010. The changes, which are in sections 1,2,3,4 and 10, are shown in italics.
Contents
1.0 Making a Referral
| 1.1 | Everyone has a responsibility for the protection of children and there is a duty placed on all those working with children and families to report concerns. This is not a matter for individual choice. All agencies must have clear in-house procedures which describe what should happen if anyone has concerns for the welfare of a child. |
| 1.2 | Advice and information should be available from designated professionals within your own agency about when and how to refer to the Children & Young People's Service. Any discussion about a child's welfare should be recorded in writing, including a note of the date and who took part in the discussion. At the close of a discussion, there should be clear and explicit agreement about who will be taking what action, or that no further action will be taken. This agreement should also be recorded in writing. |
| 1.3 | However, such discussion should never delay emergency action to protect a child. Anyone believing that a child is suffering or is at risk of suffering Significant Harm must make a referral to the Children & Young People's Service as soon as possible. Under no circumstances should any essential emergency action to safeguard a child or urgent medical treatment be delayed. |
| 1.4 | All referrals by professionals to the Children & Young People's Service should be made to the Duty and Assessment Team by telephone, fax, or in person, and should be confirmed in writing within 48 hours using the "Notification of Child in Need" Form (multi agency referral form). Referrers should have an opportunity to discuss their concerns with a qualified social worker. The written referral should be acknowledged by the Children & Young People's Service within three working days of receipt of the initial contact indicating the actions to be taken. The actions which may be taken in response to a referral are:
If the referrer has not received an acknowledgement within three working days, they should contact the Children & Families Service again. |
| 1.5 | Where available, the following information should be provided with the referral (but absence of information must not delay referral). Where a Common Assessment has begun or been completed, this information may already have been recorded:
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| 1.6 | Normally a referral should be made only with the knowledge and informed consent of at least one person holding Parental Responsibility (a parent) and the young person (if appropriate). However, in some child protection cases seeking parental consent to a referral may increase the risk of Significant Harm to the child and/or prejudice any police investigation. For example:
In these cases, a referral may be made without consent. Any decision not to seek parental agreement should only be made in exceptional circumstances; the decision should be recorded on the agency file with the reasons for such a decision. |
| 1.7 | Some members of the public may wish to give their information in confidence or to remain anonymous when making a referral. The person receiving the referral should acknowledge this wish but should also explain to the referrer:-
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| 1.8 | The Duty and Assessment Team will check the information held on the current Departmental Information Systems to establish whether:-
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| 1.9 | The Team Manager/Practice Manager, Duty and Assessment Team, in consultation with the referrer and other agencies as necessary, will make a decision about the immediate safety of the child/ren and decide on the action to be taken in response to the referral. This decision should be made and recorded within one working day of receipt of the referral. |
| 1.10 | The Duty and Assessment Team is responsible for ensuring that the family (provided this does not increase any risk to the child) are informed of the outcome of the referral. This will be done as soon as possible and, in all cases, within a maximum of 7 working days. |
2.0
Initial Response to Referrals
Initial Assessment
| 2.1 | These Initial Assessment stages involve gathering and analysing information under the three domains of the Assessment Framework. These are the:
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| 2.2 | An Initial Assessment may take a maximum of 7 working days. However, where there is immediate risk of Significant Harm, the Initial Assessment may consist of little more than the clarification of the referral and a record check and a Strategy Discussion and Section 47 Enquiry will follow immediately. The Initial Assessment should be led by a qualified social worker supervised by a highly experienced and qualified social work manager. |
| 2.3 | All relevant information (including information about the history and functioning of the family both currently and in the past, and adult problems such as domestic violence, substance misuse, mental illness and criminal behaviour/convictions) should be taken into account. |
| 2.4 | The child should be seen by the Lead Social Worker without his/her caregivers when appropriate and this should be recorded in the Initial Assessment Record. |
| 2.5 | An Initial Assessment is deemed completed once the assessment has been discussed with the child and family and authorised by the manager. |
| 2.6 | An Initial Assessment may conclude that the child is:
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| 2.7 | In cases where a child has moved to Wolverhampton from overseas, International Social Service should be contacted to facilitate communication and information sharing between agencies, and will also offer help with interpreting unfamiliar rules, regulations, culture and customs. They can be FAXED on: 0207 582 0696 or emailed at: issuk@charity.vfree.com |
3.0
Strategy Discussion/Meeting
| 3.1 | There will be a multi agency Strategy Discussion whenever there is reasonable cause to suspect that a child is suffering or is likely to suffer Significant Harm. The social worker or Team Manager/Practice Manager will initiate the Strategy Discussion following a referral, or at any other time that concerns about Significant Harm emerge in respect of a child e.g. if concerns arise in respect of a child receiving support under section 17 of the Children Act 1989. |
| 3.2 | The Strategy Discussion/Meeting will consider how best to proceed in the interests of the child/ren. It will involve the Police, the Children & Young People's Service and other agencies as appropriate. Where a medical examination is likely to be needed, it should involve a senior doctor. |
| 3.3 | The timing of the Strategy Discussion will be determined by the demands of the individual case. Ideally, it will be held in a meeting, when all relevant agencies can participate. However, in urgent cases, this may not be possible and the Strategy Discussion may take place by telephone. |
| 3.4 | If a Strategy Meeting is required it will be chaired by the Team Manager/Practice Manager, who will decide, in consultation with the Police:-
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| 3.5 | Strategy Meetings will only be held in more complex cases and should be attended by people of sufficient seniority from all invited agencies to be able to both contribute to discussion of available information and to make decisions on behalf of their agencies. The meeting should not be delayed because of availability of personnel. Agencies would need to provide written information if they cannot attend the Strategy Meeting. Where parents or adults in the household are experiencing problems such as domestic abuse, substance misuse or mental illness, it will also be important to consider involving the relevant adult services professionals |
| 3.6 | The Strategy Discussion/Meeting will enable relevant information to be shared and should decide:-
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| 3.7 | In some cases, the Strategy Discussion/Meeting may conclude that further information gathering and assessment is needed before a decision can be made about initiating Section 47 Enquiries. In such cases, an additional task of the discussion will be to fix a date to reconvene. |
| 3.8 | It is not usual for family members to take part in Strategy Discussions |
4.0
Section 47 Enquiries / Core Assessment
| 4.1 | Section 47 Enquiries are only conducted by qualified Children & Young People's Service social workers, the EDT Service, and/or police officers from the Police Child Protection Unit. When joint enquiries take place, the police have the lead for the criminal investigation and the Children & Young People's Service have the lead for the Section 47 Enquiries/Core Assessment and the child/ren's welfare. |
| 4.2 | Section 47 Enquiries may involve the following tasks:
Any decision to proceed without the knowledge or consent of the parent/carer should only occur in exceptional circumstances and following legal advice. Any decision not to seek consent should be recorded on the case file with the reasons for doing so. |
| 4.3 | If an interpreter is needed, assistance should be obtained from the Local Authority or partner agencies approved service. |
| 4.4 | The Section 47 Enquiry/Core Assessment starts at the point the Strategy Discussion/Meeting decides to initiate enquiries under Section 47. |
| 4.5 | The Core Assessment should be completed within 35 working days from the date of the Strategy Discussion that initiated the Section 47 Enquiries. |
| 4.6 | A Chronology will be included in the Children & Young People's Service record of any case subject to a Core Assessment. |
5.0
Conducting Section 47 Enquiries
| 5.1 | The social worker should explain the reasons for the visit and provide parents, carers and the child/ren with copies of the relevant information leaflets about the Child Protection process. |
| 5.2 | The child must be seen by the people undertaking the enquiry. If the child/ren is not present on the initial visit, his/her whereabouts should be ascertained, and a subsequent visit made to see the child/ren within 24 hours. If the child is of sufficient age and understanding the child should be seen on their own to ascertain their views. |
| 5.3 | All other children in the household should be seen and their safety and welfare ensured. |
| 5.4 | The reaction of the parent(s) should be assessed and whether they will co-operate with the enquiry. |
| 5.5 | The social worker should record any explanations for injuries, or other concerns, and attempt to validate the explanation by examining the scene of the incident, or any objects that may have been involved. If it is apparent that a criminal offence may have been committed the social worker must inform the Police (if they are not already involved in the enquiry). |
| 5.6 | The social worker must inform the Team Manager/Practice Manager of the outcome of the visit on the same working day, and provide an assessment of the risk to the child/ren. The social worker will inform the parent(s) or carer(s) of the child/ren of the outcome of the enquiries in writing as soon as practicable. |
| 5.7 | It is the responsibility of the Team Manager/Practice Manager to liaise with the Police (if they are not jointly investigating) and to decide, in consultation with the Police, on any further actions to be taken. The Team Manager/Practice Manager should record in the case file all decisions and actions which relate to the management of the enquiry. In the absence of the Team Manager/Practice Manager, their role, duties and responsibilities will be undertaken by a relevant Children & Young People's Service Manager. |
| 5.8 | No case that has been opened in response to allegations of Significant Harm should be closed until the following steps have been taken:
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6.0 Immediate Protection
| 6.1 | In most cases, the parent will co-operate with the Section 47 Enquiry. However despite their co-operation, protective action may still be necessary to ensure the child's safety during the enquiry. Such action might include:
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| 6.2 | There will be a few cases where the parent will not co-operate with, or will seek to obstruct, the enquiry. Where there is a risk to the life of a child or a likelihood of serious immediate harm, compulsory intervention should be made quickly to secure the immediate safety of the child. |
| 6.3 | The need for compulsory intervention to secure the child's safety should always be considered if:
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| 6.4 | Consideration should always be given to whether action is also required to safeguard other children in the same household (e.g. siblings), in the household of an alleged perpetrator, or elsewhere. |
| 6.5 | The Children & Young People's Service will seek legal advice before any compulsory intervention. |
| 6.6 | The need to seek advice must not delay any necessary action to secure the safety and well-being of any child believed to be at imminent risk of Significant Harm. The parents should be informed of the legal steps which could be used. |
| 6.7 | Possible measures include:
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| 6.8 | The police are empowered to take a child into Police Protection in an emergency for a period of up to 72 hours. It should be noted that only the police have statutory authority to use reasonable force in order to gain entry to premises. |
| 6.9 | During office hours application to the court for legal orders will be made by a solicitor from the Local Authority Legal Section. An ex parte application can be made by contacting one of the clerks to the Magistrates Court (telephone numbers are available to the EDT Social Work Service). |
| 6.10 | Emergency action might be necessary as soon as a referral is received or at any stage of the process. However, planned emergency action should normally follow immediately on the Strategy Discussion. Where a single agency has to act immediately to protect a child, a Strategy Discussion should take place as soon as possible afterwards. |
| 6.11 | Emergency action addresses only the immediate circumstances of the child. It should be followed quickly by Section 47 Enquiries as necessary. Where an Emergency Protection Order has been obtained a decision has to be made urgently whether to initiate care or other proceedings. The Children & Young People's Service will decide this in conjunction with the other agencies involved and on the basis of legal advice given. |
| 6.12 | Where it is necessary to remove a child, on a voluntary or compulsory basis, the local authority will always consider placement with family members or friends as the first option, provided that the child's safety and welfare can be assured in such an arrangement. |
| 6.13 | It is the responsibility of the Children & Young People's Service in the area where the child is found to take any emergency action necessary. If the child is looked after or supervised by another authority, then the authority where the child is found (the first authority) should consult the authority responsible for the child. Only if that authority explicitly accepts responsibility, is the first authority relieved of the responsibility to take emergency action. |
7.0
Medical Assessment
| 7.1 | Consideration should always be given to the need for a Medical Assessment of each child about whom there are concerns. Although a Medical Assessment is not a requirement in every case, it needs to be considered regardless of whether the child has any visible injuries or appears neglected. Consideration must also be given to the need for any other children in the household , to be medically examined. The Medical Assessment should be dispensed with only if those managing the investigation are satisfied that injuries/Neglect are minor and the purposes of the investigation can be achieved without it. The reasons for dispensing with a Medical Assessment should be clearly recorded. |
| 7.2 | The purpose of any Medical Assessment is:
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| 7.3 | The examination is both clinical and forensic and should only be undertaken by a suitably qualified paediatrician. A joint examination may be necessary in some cases. Police and the Children & Young People's Service must avoid the need for repeated medical examination. The child's welfare is the paramount concern and the gathering of evidence must not become an additional source of abuse of the child. |
| 7.4 | If the referral concerns physical injury or severe Neglect , consideration should be given to completing a Medical Assessment of all the children in the household the same day. Reasons for excluding any of the children must be considered as part of the Strategy Discussion and included in the record of that discussion |
| 7.5 | In cases of any alleged Sexual Abuse, which is reported to have recently occurred, a medical examination must be considered as a matter of urgency. If this is necessary this should be completed the same day. This will be to protect the health of the child and to secure and preserve evidence. Consideration must be given to the gender of the doctor completing the medical examination. Consideration must also be given to the need for any other children in the household, or connected to the alleged perpetrator, to be medically examined. The medical will normally be undertaken by two Doctors, a Paediatrician and a Police Surgeon. The Paediatrician would normally lead the examination. It is routine practise to ask for consent to record the findings using the video. |
| 7.6 | Where an immediate medical examination is not required, the Medical Assessment can be arranged to suit the child, family and relevant professionals. |
| 7.7 | If a Medical Examination is to be arranged the social worker must endeavour to obtain the informed consent of the child/ren and parent(s) in writing. They should also be made aware that photographs or video evidence might be taken. |
| 7.8 | The paediatrician undertaking the medical examination will determine whether a child/ren under 16 years of age has sufficient understanding to give or refuse their own consent to examination. |
| 7.9 | Parents or carers or those with Parental Responsibility will be asked to give written consent for any medical examination or interview with the child. Where appropriate, parents or carers should be encouraged to accompany the child for the interview and Medical Assessment. However, care should be taken to avoid action which might prejudice any criminal investigation, particularly where the parent or carer is a witness. The Strategy Discussion should decide on the extent and most appropriate timing of the participation of parents or carers. |
| 7.10 | If consent cannot be obtained from a parent who has Parental Responsibility, and the child/ren is not considered competent to give it, legal advice should be sought. |
| 7.11 | To arrange a medical examination between 9am and 4.30pm Monday to Friday the paediatrician on duty for child protection should be contacted via the switchboard at New Cross Hospital. Tel. 01902 307999 |
| 7.12 | If a medical examination is believed to be necessary outside office hours, the EDT social worker should consult with the Paediatrician on duty for child protection via the switchboard at New Cross Hospital. Tel. 01902 307999. |
| 7.13 | All medical examinations should take place in an environment sensitive to the child/ren's needs. This will normally be in the Children's Outpatients Department at New Cross Hospital (during office hours) or on the Children's ward (at all other times). |
| 7.14 | Forensic kits are needed for medical examinations taking samples from the body which may then be used as evidence in subsequent criminal proceedings. These kits are sealed, can only be used once and are available from the Police (Child Protection Unit), Bilston Street, Wolverhampton. Tel. 01902 643419). |
| 7.15 | A written opinion/statement should be provided by the examining paediatrician to the investigating team. Where only the police surgeon undertook the examination, the police would normally present the report. The medical report should list the findings, interpret them, and state a clear opinion as to the probable cause of any injuries. The medical report may be used in any subsequent Child Protection Conference, care or criminal proceedings. If the Police need a written statement in order to interview a suspect held in custody, they will liaise with the paediatrician regarding its preparation. |
| 7.16 | An interim medical report will be provided by the Paediatrician to the Social Worker, the Team Manager/Practise Manager and police within 24 hours. The final report, including any swab results, will be provided within 3 working days. |
| 7.17 | Further guidance is given in Appendix 6 'Guide to Medical Assessments.' |
| 7.18 | In case of alleged Sexual Abuse where a medical is undertaken a Peer Review will be arranged within 2 months of the examination in line with the RCPH guidelines. |
8.0
Investigative Interview
| 8.1 | Videoed investigative interviews can contribute to care and criminal proceedings. The 'Achieving Best Evidence in Criminal Proceedings' must always be followed when undertaking videoed interviews and interviews must be conducted by those specifically trained in this specialist area of work. |
| 8.2 | A child should never be interviewed in the presence of an alleged or suspected perpetrator of abuse, or somebody who may be colluding with a perpetrator, including a parent. |
| 8.3 | If the child is of sufficient age and understanding, his or her consent should be obtained before any interviews take place. A person with Parental Responsibility should be consulted before the interview with the child, and their views listened to. If there is no one with Parental Responsibility, another permanent carer should be consulted and legal advice sought. |
| 8.4 | Further guidance is given in Appendix 7 'Guide to Investigative Interviews'. |
9.0
Working with Parents and the Child
| 9.1 | As part of the enquiry process, the child's wishes and feelings must be established. The process must be explained to the child in a way appropriate to his or her age and understanding. The child must be seen separately and listened to carefully if of sufficient age and understanding. The child should never be interviewed in the presence of the alleged abuser. |
| 9.2 | The social worker has the lead responsibility to engage with family members in order to assess the overall capacity of the family and to safeguard the child. |
| 9.3 | Parents and those with Parental Responsibility must be informed at the earliest opportunity of concerns, unless to do so would place the child at risk of Significant Harm, or undermine a criminal investigation. This matter should be considered during the Strategy Discussion. |
| 9.4 | Due consideration must be given to the capacity of the parents and the child to understand this information in a situation of significant anxiety and stress. Particular consideration must be given to those for whom English is not their first language or who may have a physical/sensory/learning disability and will need the services of an appropriate interpreter and/or multi lingual written information. It is also essential that factors such as race, culture, religion, gender and sexuality together with issues arising from disability and health are taken into account in the assessment. |
| 9.5 | Parents should be given an explanation of their rights as parents and their right to seek legal advice. Written information should be provided to them at the earliest opportunity about the child protection process. |
| 9.6 | In most cases, parents or carers will be asked to give written consent for any medical examination or interview with the child. Where appropriate, parents or carers should be encouraged to accompany the child for the interview and Medical Assessment. However, care should be taken to avoid action which might prejudice any criminal investigation, particularly where the parent or carer is a witness. The Strategy Discussion should decide on the extent and most appropriate timing of the participation of parents or carers. |
| 9.7 | Parents and children or carers should be told that relevant information may have to be shared with professional colleagues who also have responsibility for the child's welfare. |
| 9.8 | In the great majority of cases, children remain with their family following a Section 47 Enquiry, even where concerns about abuse or Neglect are substantiated. The way in which a case is handled initially can affect all subsequent involvement. As far as possible therefore, enquiries should be conducted in a way that allows for future constructive relationships with the family. All professionals involved in the enquiry should aim to be open, honest, reliable, informative and constructive in all their contacts with the family. |
10.0
Outcomes of Section 47 Enquiries
| 10.1 | Enquiries may result in one of the following outcomes:
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| 10.2 | Enquiries may not substantiate the original concerns about the child suffering or being at risk of suffering Significant Harm. In these circumstances, no further action may be necessary. However, the Children & Young People's Service and other relevant agencies as necessary, should always consider with the family whether there is a need for support and/or services, how this might be provided and by whom. |
| 10.3 | The focus of child protection enquiries is the welfare of the child, and these enquiries may well reveal a range of needs. Many children who are the subject of child protection enquiries will fall within the definition of Children In Need and the provision of help to these children and their families should not be dependent on their being found to have suffered abuse and Neglect. |
| 10.4 | The outcome of an unsubstantiated Section 47 Enquiry may therefore include:
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| 10.5 | In some cases there may remain suspicions about Significant Harm, but no real evidence. In these cases it may be appropriate to put in place arrangements to support and promote the child's welfare. It will be important to inform parents about the nature of any on-going concern and to make clear the purpose of any ongoing work. This would normally be done through a Child In Need process. |
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| 10.6 | There may be substantiated concerns that a child has suffered Significant Harm, but it is agreed by the agencies most involved and the child and family, that a plan for ensuring the child's future safety and welfare can be agreed without the need for a Child Protection Conference or a Child Protection Plan. Such an approach will be of particular relevance where it is clear to the agencies involved that there is no continuing risk of harm. This may be because circumstances have changed, for example, if a perpetrator of abuse has permanently left the household or because Significant Harm was incurred as the result of an isolated abusive incident. The decision that the child is judged not to be at continuing risk of Significant Harm must be endorsed by a suitably experienced and qualified social work manager. |
| 10.7 | The agencies most involved may judge that a parent, carer or members of the child's wider family are willing and able to co-operate with actions to ensure the child's future safety and well-being and that the child is no longer at continuing risk of Significant Harm. This judgement can only be made in the light of all relevant information obtained during enquiries, and a soundly based assessment of the likelihood of successful intervention based on clear evidence and mindful of the dangers of misplaced professional optimism. It is important to seek children's views and take account of their wishes and feelings, according to their age and understanding. |
| 10.8 | In these circumstances, a Child In Need Meeting involving professionals and family members may be useful to agree what actions should be undertaken by whom, and with what intended outcomes for the child's safety and development, including the provision of therapeutic services. The resulting plan should be informed by the assessment findings. It should set out who will have responsibility for what actions, including what course of action should be followed if the plan is not being successfully implemented. It should also include a timescale for review of progress against intended outcomes. |
| 10.9 | Feedback will be given to the family, the referrer, and other professionals. In particular, the family should receive confirmation of the outcome of the enquiry in writing. |
| 10.10 | If there is a difference of view over the need for a conference in a specific case, every effort should be made to resolve the dispute through discussion and explanation. However those professionals and agencies who are most involved with the child and family, and those who have taken part in enquiries, have the right to request that the Children & Young People's Service convene a Child Protection Conference if they have serious concerns that a child may not otherwise be adequately safeguarded. Any such request should be made to the Team Manager supervising the case who will refer the decision about whether to proceed with a conference to the Deputy Head of Safeguarding. |
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| 10.11 | Where the agencies most involved judge that a child may continue to suffer, or be at risk of suffering Significant Harm, the Children & Young People's Service should convene a Child Protection Conference. The aim of the conference is to enable those professionals most involved with the child and family, and the family themselves, to assess all relevant information and plan how to safeguard the child and promote his or her welfare. The conference should be convened within 15 working days of the Strategy Discussion that initiated the Section 47 Enquiry. Consideration should be given by the date of the Initial Child Protection Conference (where one is convened) to whether the Core Assessment has been completed or what further work is required before it is completed. |
| 10.12 | Whatever the outcome of a Section 47 Enquiry, the decision on the appropriate outcome will be taken and recorded by the relevant Children & Young People's Service Manager. Any decision not to proceed to a Child Protection Conference where it is known that a child has suffered Significant Harm must be taken in consultation with all the agencies involved. The Children & Young People's Service Manager supervising the enquiry should ensure the outcome of the enquiries has been shared with all those who have been significantly involved. |
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