6.3.2 Children's Review Guidance

1.0 This protocol will cover:

• Looked After Reviews
• Child Protection Conferences
• Complex Strategy Meetings
  
  

1.1 The protocol covers concerns that are raised by:

• Independent Reviewing Officers about practice issues within Assessment, Care Management and Children's Resources and,
• Managers if they have any concerns about the practice within the Review Unit
• and provides an opportunity to highlight examples of good practice.   
  
  

2.0 The protocol will be initiated in the following circumstances:

• Where poor practice is clearly identified. This might include incidents where children have not been safeguarded; where statutory requirements have not been met; where the Directorate's procedures have not been followed; or there has been undue delay implementing a child's Care Plan. These examples are not exhaustive.
• Where there has been an example of good practice.
  
  

3.0 The Independent Reviewing officers will pursue their concerns in the following manner:

• The IRO will always try to speak to the worker's first-line manager by telephone, or in person, in the first instance. The IRO will follow up this initial discussion in writing, or by e-mail, as appropriate.
• They will not approach the worker
• The IRO. and the manager will agree a course of action and set a timescale
• Most concerns should be resolved by informal discussion at this stage.
• If the concerns cannot be resolved the IRO. will approach their Divisional Manager.
  
  

Please also see Section 2, Extended Role of IRO, in Appointment and Role of Independent Reviewing Officer Procedure.

4.0 If Team Managers have concerns about an Independent Reviewing Officer's practice they will:

• The manager will always try to speak to the IRO by telephone, or in person, in the first instance. The manager will follow up this initial discussion in writing, or by e-mail, as appropriate.
• The manager and the IRO will agree a course of action and set a timescale
• Most concerns should be resolved by informal discussion at this stage.
• If they cannot resolve the concerns the manager will approach their Divisional Manager.
  
  

5.0 Acknowledging Good Practice:

If an IRO wishes to acknowledge a piece of good practice they will:

• Approach the worker's first line manager by telephone or by e-mail.
• The information would normally be shared with the Improvement and Complaints Officer.

If a manager believes that a piece of good practice by an IRO should be acknowledged they will:

• Approach the IRO by telephone or by e-mail in the first instance.
• The information would normally be shared with the Improvement and Complaints Officer.
  
  

6.0 The status of recommendations in Looked After Reviews.

• These have the status of recommendations, rather than decisions that are binding on the local authority.
• However, there is an expectation that Fieldwork Teams and Children's Resources will implement them, particularly if they are an integral part of the Care Plan, and there is a requirement that the IRO and all those attending the review will be advised by a manager within 5 working days of receiving the outcome of a Looked After Review if it is considered that the recommendations are unreasonable and cannot be agreed or implemented
• If there is any substantial change to the Care Plan this will always be referred to a Looked After Review (see Looked After Review Procedure).
  
  

7.0  The status of decisions and recommendations in Child Protection Conferences:

• As laid out within Dudley SCB Child Protection Procedures, decisions about whether a child/young person will be made the subject of a Child Protection Plan will only be taken at a Child Protection Conference;
• Dudley SCB Procedures cover disagreements about the conference process; and the conduct of the conference (See Dudley SCB Child Protection Procedures);
• Recommendations may be amended after formal discussion and agreement at a Core Group;
• A copy of the Child Protection Plan will be sent to the Chair of the Conference in keeping with the Dudley SCB Procedures;
• It would be good practice for the manager to ensure that any substantive departures from the Outline Child Protection Plan are drawn to the attention of the Chair;
• If the Chair cannot support the changes, and there is a disagreement with an Assessment and Care Management Team, or Children's Resource, the procedure in paragraph 3.0. will apply;
• If the concerns cannot be resolved consideration the matter will be referred to the Child Protection Co-ordinator for consideration as to whether the Child Protection Conference should be reconvened;.
• The Chair should keep their Divisional Manager fully informed as appropriate.
  
  

8.0  The status of recommendations in Complex Strategy Meetings:

9.0  Circumstances in which IRO's should track Looked After Review recommendations for children/young people who are Looked After:

The Care Planning, Placement and Case Review (England) Regulations 2010 state that the child's Care Plan sets out the actions to be taken based on decisions made about the child's care. The Care Plan records who is responsible for each action and the local authority is responsible for ensuring that the identified actions happen. The role of the IRO is to check that that the local authority has made the appropriate arrangements to ensure that the actions take place. In some cases, there will be a practical and valid reason for some actions not to take place, and the IRO should judge whether a particular action falls into this category.

The Independent Reviewing Officer has a general responsibility to monitor the implementation of the Care Plan. If the IRO. has significant concerns, and it would not be in the child's best interests to wait until the next meeting before they are addressed, the Chair may take additional steps to ensure that progress is being maintained using the procedure described in Section 3, The IRO will pursue their concerns in the following manner. This might include cases where:

• A Permanency Plan has not been established at the four month review, for example, or where a Permanency Plan has been established but it has not been implemented or there is undue delay;
• Where a child has been permanently excluded from school, for example, and an alternative provision has not been identified;
• Where undue delay in progressing a child's Care Plan or placement arrangements would appear to have significant consequences for a child's health or development.

There will be other examples where an IRO will implement this protocol; each case will need to be considered on its merits.

10.0  Circumstances in which IRO's should be informed about changes to a child's circumstances:

Please see Section 6: Duty of Social Worker to keep IRO informed, in the Appointment and Role of the Independent Reviewing Officer Procedure.

11.0 Team Managers or Assistant Team Managers may be asked to chair Looked After Reviews in exceptional circumstances:

An IRO will always chair a Looked After Review in normal circumstances. This protocol will only apply to situations where the IRO is unavailable and the Commissioning and Reviewing Unit is unable to provide another Chair. A Children and Families Team Manager or an Assistant Team Manager may be asked to chair the meeting if a postponement would:

• Delay decision making on the child's Care Plan or,
• Because of the inconvenience to the child, their carer or a key professional.
• Or the Review would overrun the statutory timescales and it would be unreasonable to delay the meeting..

Every effort must be made to provide administrative support from the Commissioning and Reviewing Unit, as appropriate.

When a Team Manager, or Assistant Team Manager, chairs a review on behalf of an IRO:

• The minutes of the meeting should be passed to the original Chair or their Divisional Manager in the absence of the IRO, as soon as practicable.
• The IRO is responsible for checking the records at the earliest opportunity to ensure that the process has met the necessary standards of independence, that the proposed  plan for the child is 'on -track', and the review has given consideration to the child's perspective.
• If the IRO believes that the decision-making process did not meet these criteria the IRO may reconvene the meeting.
• In the event of a disagreement Section 3 of this protocol will apply.
  
  

12.0 Circumstances in which IRO's may be asked to chair, or participate in meetings other than Looked After Reviews; Child Protection Conferences and Complex Strategy Meetings:

In exceptional circumstances it may be appropriate to ask the IRO to Chair these meetings, or to participate in them. This may include situations where:

• There is a potential conflict of interest; complex situations that require an independent perspective, or situations where the IRO's knowledge of the child's history, and the plans would help to inform the process.
  
  

13.0 Complaints and Advocacy:

When children are Looked After, the IRO has a specific responsibility to ensure that the child's views are understood and considered throughout the review process. In addition, the IRO has a responsibility to inform children that they have a right to make complaints to the local authority, and to advise the child of the local authority's responsibility to provide them with an independent Advocate if they wish.

Although the complaints procedure will always be overseen by a designated Complaints Officer (DCO):

• The DCO may consult the IRO to determine what options are available.
• Similarly, an outstanding formal complaint under the local authority's procedure should not prevent the IRO from fulfilling their role to resolve problems by negotiation.
• The IRO may have a role in communicating both with the child and the complaints department.
• The IRO should not prejudice the complaints procedure but there work may help to speed up the process or 'even hold the key to resolution'.
• Close consultation with the complaints section is essential at each stage.
• The IRO should become involved in serious complaints concerning children's care plans.
• They should not normally need to get involved in more minor complaints about a child's day to day care.
• In all cases the welfare of the child is the primary concern. IRO's will need to make a judgement about whether a problem raised via a complaint is serious enough to justify making a referral to CAFCASS (See Section 14, Circumstances in which an RO's may refer a case to CAFCASS), or whether it would be reasonable to wait for a resolution through the formal complaints procedure, with or without the additional support of the RO's negotiations referred to above.
  

14.0  Circumstances in which an RO's may refer a case to CAFCASS

The IRO now has the authority to refer a case to CAFCASS if he/she 'considers it appropriate to do so'

The IRO must consider whether it is appropriate to refer a case to CAFCASS if:

• In his/her opinion, the Local Authority  has failed in any significant respect to  prepare the child's Care Plan; review the child's case or effectively implement any decision in consequence of a review; or are otherwise in breach of their duties to the child  in any material respect;and
• Having drawn this to the attention of persons of appropriate seniority in the Local Authority, the issues have not been addressed to IRO's satisfaction within a reasonable period of time.

The IRO should only contemplate this action in exceptional circumstances. As a first step they should consider the following escalation process:

• Pursue the protocol laid out in Section 3
• Approach their Divisional Manager to discuss the concerns; to agree an action plan and to set a time-scale.
• If the concerns have not been resolved within those timescales the IRO should approach the Divisional Manager again and review the action plan.
• If the IRO believes that there is no prospect of resolving the concerns at this level, within a time-scale that is consistent with the child's needs, they will write to their Divisional Manager setting out their reasons, and ask for the matter to be referred to the Assistant Director for Children and Families.
• When the Assistant Director receives this request, s/he will ask to meet with the IRO and their line manager or to be briefed in full in some other way.  Further attempts at problem solving will usually follow.
• If concerns continue, then the matter may be referred to the Director of Social Services/Children's Services and then to the Chief Executive of the local authority if unresolved;
• Finally consideration will be given to referring the matter to Legal if all attempts to problem solve have failed.