APIR

Assessment, Planning, Implementation and Review.

Attachment

"An affectionate bond between two individuals that endures through space and time and serves to join them emotionally" (Kennell 1976)

Authorised Person

In relation to child protection and care proceedings only the Local Authority and the NSPCC are authorised persons able to carry out certain statutory duties. The Secretary of State may authorise others.

Care Centre

County Courts designated as Care Centres may hear all applications under the Children Act 1989. Nominated circuit judges and nominated district judges hear public law applications transferred from the Family Proceedings Court

Care Plan

The care plan compiled for a child/ren who is looked after voluntarily or is the subject of Care Proceeding. The plan should address the children's identified needs, how those needs might be met, aim of plan and timescale, other services, arrangements for contact, support in placement, likely duration of placement, contingency plan, arrangements for ending placement, who is responsible for implementing the plan, parents role in day to day arrangements, children's wishes and feelings. See Volume 3 DOH Guidance Family Placements. Paragraph 2.62.

Categories A-Q

Categories of children who are in need and who are eligible for at least an Initial Assessment.

Categories of Abuse for Registration

Categories are; 1: Neglect, 2: Physical Injury, 3: Sexual Abuse, 4: Emotional Abuse.

Child

A person under the age of 18 (there are exceptions to this in the Children Act 1989, Schedule 1, paragraphs 2, 6, 16).

Child Abuse

Working together under the Children Act 1989 defines four categories of child abuse: physical, emotional, sexual, neglect.

Child Assessment Order (Children Act 1989, Section 43).

An order made by a court that lasts for 7 days from an agreed date and requires the production of a child for assessment. Only an authorised person can apply. The order is for cases where there are suspicions, but no firm evidence, of actual or likely significant harm in cases where it is not an emergency. The purpose is to allow the local authority to find out enough about the child's state of health, development or treatment to decide what further action may be necessary.

Child Protection Plan

Plan outlining priority needs and risks based on recommendations from Child Protection Conference, changes needed, work to be done by whom and when, outcomes required and timescales and contingency plans.

Children In Need

According to the Children Act a child is in need if: a) he/she is unlikely to achieve or maintain, or have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for him/her of services by a Local Authority under Part III of the Children Act 1989. b) his/her health or development is likely to be significantly impaired without the provision for him/her of such services; or c) he/she is disabled. Children Act 1989, Section 17 (10))

Complaints Procedure (Children Act 1989, Section 26)

The procedure the Local Authority must set up to hear representations regarding the provision of services under Part III of the Act. Representations may be made by the child, the parents, any other person with parental responsibility, any Local Authority foster parent and "such other person as the Local Authority consider has a sufficient interest in the child's welfare to warrant his/her representations being offered by them". The procedure must contain an independent element.

Concurrent Jurisdiction

Enables the High Court, County Court and Family Proceedings (Magistrates) to hear all proceedings under the Act and enables all proceedings involving the child and family to be brought together in one court.

Contact

Between a child and another person which includes visits, stays, outings and communication by letter, telephone or electronic mail. Under Section 34 of the Act the Local Authority must allow a child in care reasonable contact with a number of persons including the child's parents.

Contact Order

An order "requiring the person with whom a child lives, or is to live, to allow the child to visit or stay with the person named in the order, or for that person and the child otherwise to have contact with each other" (S.8).

Contingency Arrangements

In the event that the plan is not achieving its purpose, resources are not available or unforeseen changes in circumstances impinge on the implementation of the plan, mechanisms need to be put in place and made explicit in the plan to take into account these changes.

Core Assessment

The threshold for a Core Assessment is crossed where the Initial Assessment indicates there are significant concerns about a child's health and development (Section 17) and/or there is reasonable cause to suspect that a child is suffering, or is likely to suffer significant harm. (Section 47).

Core Group

Established for every child/ren whose name is placed on the Child Protection Register consisting of multi-agency professional workers, parents, carers and children (when age and understanding permit) to carry out the day to day work with the family and contribute to the Level 2 Assessments.

Core Values

The multi-agency principles and standards for children's services reflecting the spirit of the Children Act.

Designated Officer

A Police Officer at the rank of Inspector appointed for the purposes of the Children Act 1989 by the Chief Officer of Police. When a child is taken into Police Protection the designated officer has a duty to inquire into the case and do what is reasonable in all the circumstances for the purposes of safeguarding or protecting the child's welfare.

Development

(In relation to children in need) - means "Physical, intellectual, emotional, social or behavioural/development".

Domestic Violence

Refers to the physical, sexual or emotional abuse inflicted on a spouse or partner by the other.

Duty to Investigate

Where the Local Authority has "reasonable cause to suspect that a child who lives or is found within their area is suffering or is likely to suffer significant harm", it must make such enquires as it considers necessary to enable it to decide whether it should take any action to safeguard or promote the child's welfare.

Eligibility Criteria

Criteria which are used to ascertain whether a person is eligible to receive services. It is constructed as a Continuum of Service provision from relatively low cost provision (primary and secondary scales of intervention) to high cost intervention services (tertiary and quaternary scales of intervention).

Emergency Duty Team

A team of Social Workers responding to referrals outside Social Services Department's office hours.

Emergency Protection Order

An order under Section 44 which the court can make if it is satisfied that there is reasonable cause to believe that a child is likely to suffer significant harm if they are not either removed to accommodation provided by the applicant or allowed to stay in their current accommodation. The order can also be made where enquiries are being made with respect to the child and they are being frustrated by the unreasonable refusal of access to the child and there is reasonable cause to believe that access is required urgently. The order gives the applicant shared parental responsibility for the child. The order can last for a maximum period of 8 days. In certain circumstances the order can be extended for a further 7 days

Emotional Abuse

Sustained and repeated responses to the child or the child's behaviour which are so negative, inconsistent, rejecting or inappropriate that the child has serious difficulties in emotional, social or behavioural development.

Exclusion Criteria

In exceptional circumstances it may be appropriate to exclude a parent/carer from a Child Protection conference. Exclusions should be kept to a minimum and will be made by the Review Manager following discussion with relevant professional staff.

Expert Evidence

Leave of the court is necessary for a child to be examined by an expert for the purpose of preparing a report for the proceedings. Includes psychiatric or psychological assessment and any other physical examination (Children Act 1989, Section 38(6)).

Family Assistance Orders

An order under S.16 requiring either a Probation Officer or a Social Worker to "advise, assist and befriend" a named person for a period of six months or less. The named person can be the child's parents, guardian, those with whom the child live or who has contact with the child, and the child him/herself. The court should only make the order where there are exceptional circumstances and everyone named in the order except the child has consented to it.

Family Centre

A centre which the child and parents, and any other person looking after the child (e.g. a foster carer) can attend for occupational and recreational activities, support, advice, guidance and counselling. The Family Centre Service has a key role in assessment at the secondary level. The Centre is a facilitator and supporter not a provider of open access community support service.

Family Proceedings Court (Magistrates)

Lowest tier of courts which has both a criminal and civil jurisdiction.

Genogram

Family tree.

Growth Charts

Chart for comparing the growth of a particular child against the normal child population expressed in centiles where the 50th centile is the average. (Also known as Centile Charts)

Guardian Ad Litem (GAL)

The independent person who is appointed by the Court to represent and safeguard the interests of children in public law proceedings. Powers and duties set out in the Children Act 1989 and The Family Proceedings Rules 1991, part IV; and The Family Proceedings Court (Children Act 1989) Rules 1991.

Guidance

Local authorities are required to act in accordance with guidance issued by the Secretary of State. However, guidance does not have the full force of the law but is intended as a series of good practice statements and may be quoted or used in court proceedings.

Harm

Ill-treatment or the impairment of health or development.

Ill-treatment

Includes sexual and emotional abuse.

Independent Visitor

Someone appointed by the Local Authority to visit, advise and befriend a child being looked after.

Initial Assessment

All referrals within Categories A-Q will have an initial assessment in order to gather sufficient information to ascertain whether the referral should be treated as an enquiry, services provided on basis of information or whether the threshold is met for progression to a Core Assessment.

Inter-agency Service Plan

A plan devised jointly by the agencies concerned in a child's welfare to co-ordinate services they provide. Its aim is to ensure that the support offered, meets the child's needs so far as this is practicable and that duplication is avoided. The plan should specify goals to be achieved, resources and services to be provided, the allocation of responsibilities and arrangements for monitoring and review.

Interim Order

Where the Local Authority have applied for a care or supervision order the court can make interim orders until a final hearing, provided it is satisfied there is reasonable cause to believe the threshold criteria are crossed. An initial interim order may last for a maximum of 8 weeks. After that interim orders can only be for a maximum of 4 weeks (Children Act 1989, Section 38).

Joint Protocol

Procedures outlining when Child Protection Enquiries should be undertaken jointly by Police and the Social Services Department, or as a Single Agency Enquiry.

Judicial Review

A Procedure which enables the High Court to review the actions and decisions of bodies carrying out administrative functions whether of an executive or judicial nature eg the actions of a local authority. The decision may be challenged on the grounds that the action is unlawful, unreasonable or the body has acted with procedural impropriety.

Key-Worker

Always a suitably qualified Social Worker from within Social Services, or occasionally from NSPCC taking the lead in co-ordinating the multi-agency work and having a proactive role in ensuring that the Child Protection plan is developed and that the risks are kept under review.

Local Safeguarding Children Board (LSCB)

The LSCB is the key statutory mechanism for agreeing how the relevant organisations in each local area will cooperate to safeguard and promote the welfare of children in that locality, and for ensuring the effectiveness of what they do'. (Working Together 2006 3.2)

The LSCB has a clear and distinct identity within the context of children's trust arrangements and has a unique role in challenging organizations effectively and speaking with an independent voice.

Looked After

A child is looked after when he/she is in the care of the Local Authority (by order of a court) or is being provided with accommodation (under a voluntary agreement) by the Local Authority. (Section 20)

Mission Statement

Area Child Protection Committee agreement to contribute to safeguarding and promoting the welfare of children, by securing their protection from abuse, in partnership with parents and to ensure effective co-operation between agencies and professionals in protecting children.

Multi-agency

Agencies include the Social Services Department, Local Education Authority, Local Health Authority, Police, Probation, voluntary organisations and housing authorities.

Munchausen's Syndrome by proxy

Rare, but important form of abuse which consists of the production of an appearance of illness, or an actual state of physical ill health, by someone other than the child (most often a parent/carer). Also known as Fabricated or Factitious Illness.

Neglect

Includes not only poor physical care and inattention to the child's basic needs, but also a failure to provide the necessary stimulation to sustain behavioural and emotional development.

Organised Abuse

Term which covers a wide range of activity from small paedophile or child pornography rings with most participants knowing one another, to large networks of individual groups or families in which not all participants will be known to one another.

Paramountcy Principle

The principle that the welfare of the child is the court's paramount consideration in proceedings concerning children under the Children Act 1989 (Section 1).

Parental Responsibility

"All the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his/her property." Parental responsibility can be exercised by persons who are not the child's biological parent and can be shared among a number of persons. It can be acquired by agreement or by court order (Children Act 1989, Section 3 & 4).

Parties

Parties to Court proceedings are entitled to attend the hearing, present their case, examine witnesses, appeal and may be eligible for legal aid. The Court Rules specify who are parties to particular types of proceedings. Children are not always a party to proceedings e.g. Section 8 applications. Others may acquire party status or make representations.

Permanency Planning

A process to obtain for a child a permanent, stable and secure upbringing, either within their original family or by providing satisfactory alternative parenting (eg with foster carers, adoptive parents or other extended family members). Its aim is to avoid long periods of insecurity or repeated disruptions in children's lives.

Physical Abuse

Takes many forms: bruising, suffocating, poisoning, burning, scalding, ingestion, genital mutilation, biting.

Police Protection

The power the Police have to remove a child to suitable accommodation or prevent his/her removal from suitable accommodation for a maximum of 72 hours under the Children Act 1989, Section 46 where they have reasonable cause to believe the child would otherwise be likely to suffer from significant harm. There are duties on the Police to consult the child (where this is practicable) and to notify various persons of their action - eg the child's parents and the local authority.

Preliminary Hearing

A hearing to clarify matters in dispute, to agree evidence, and to give directions as to the timetable of the case and the disclosure of evidence.

Presumption of No Order

The principle that the court must be satisfied that the making of an order is better for the child than no order at all.

Primary Intervention

Low/No risk intervention on eligibility criteria.

Quoracy

A quorum is reached when there are representatives from Social Services and at least two other agencies from within Health, Police and Education in order that there is a properly informed decision about registration and to agree recommendations.

Recovery Order

An order which the court can make when there is reason to believe that a child who is in care, the subject of an Emergency Protection Order, or in Police Protection, has been unlawfully taken or kept away from the responsible person, or has run away or is staying away from the responsible person or is missing. The effect of the Recovery Order is to require any person who is in a position to do so to produce the child on request, to authorise the removal of the child by any authorised person, and to require any person who has information as to the child's whereabouts to disclose that information, if asked to do so, to a Constable or an Officer of the court.

Reducing Delay

The Children Act states "in any proceedings in which any question with respect to the upbringing of a child arises, the Court must have regard to the general principle that any delay is likely to prejudice the welfare of the child".

Referral

A referral is defined as a request for services to be provided by the Social Services Department. The response may include no action.

Regulations

The supplementary powers and duties issued by the Secretary of State under the authority of the Act. These cover a wide range of issues from Secure Accommodation to the procedure for considering representations (including complaints), and have the full force of law.

Rehabilitation

The process of working with children and parents, providing support and resources to enable children to return home and be brought up within their own family.

Representations

See Complaints Procedure.

Residence Order

An Order under S.8. of the Children Act "settling the arrangements to be made as to the person with whom a child is to live".

Responsible Person

In relation to a supervised child, "any person who has parental responsibility for the child, or any other person with whom a child is living". With their consent the responsible person can be required to comply with certain obligations.

Review

The Local Authority must conduct regular reviews of children looked after. These reviews provide the opportunity to consider progress and any problems and changes in circumstances, and to resolve difficulties, set new goals and plan for the future. They are usually attended by the child, parents, carers and others with significant responsibilities for the child. Inter Agency Service Plans under Section 17 and Child Protection Plans under Section 47 are reviewed within set timescales (depending on priority).

Review Manager

Chairperson of the Child Protection Conference.

Risk of Deterioration Factors

Contributory factors such as such as mental illness of a parent which should be taken into account as indicating a high risk of deterioration in an assessment of a family.

Rules

Rules of court made by the Lord Chancellor lay down the procedural rules that govern the operation of the courts under the Children Act 1989.

Schedule 1 Offenders

Schedule 1 refers to Schedule 1 of the Children and Young Persons Act 1933 an extract of which can be found in Appendix 10. The offences relate to the ill-treatment of children and young persons under 18 years.

Section 8 Orders

The four private law orders contained in The Children Act 1989 which, to varying degrees, regulate the exercise of parental responsibility (Residence, Contact, Prohibited Steps and Specific Issues Orders).

Secure Accommodation

Refers to the restriction of liberty of children in certain forms of accommodation. Regulations made by the Secretary of State govern the circumstances where liberty can be restricted and the role of the court in authorising such restrictions. Criteria for secure accommodation orders are at Section 25 of the Children Act 1989 and are met if the child has a history of absconding and is likely to abscond from any other accommodation and that if they abscond they are likely to suffer significant harm or that if kept in any other accommodation they are likely to injure themselves or other persons.

Serious Case Review - LSCB Procedures

On conducting a review of a case wherever a case involves an incident leading to the death of a child where Child Abuse is confirmed or suspected, or a Child Protection issue is likely to be of major public concern arises. This is a requirement of 'Working Together to Safeguard Children' (2006).

Service Plan

Plan stating aims of future intervention, service provision and intended outcomes with purpose of defining overall aim of future work with child and family.

Service Shortfall

Difference between level of provision and identified need.

Sexual Abuse

The involvement of dependant developmentally immature children and adolescents in sexual activities they do not truly comprehend and for which they are unable to give informed consent, or that violate the social taboos of family roles (Schechter and Roberge 1976)

Significant Harm

Actual significant harm or the likelihood of this forms the basis for child protection action and care proceedings. The harm (ill-treatment, impairment of health or development) must be significant (see separate entries on ill-treatment and development. Health means physical or mental health). Where the question of whether harm suffered by a child is significant turns on the child's health or development, his/her health or development shall be compared with that which could reasonably be expected of a similar child. In all cases the harm or likelihood of harm must be attributable either to the care actually given (or likely to be given) to the child not being what it would be reasonable to expect a parent to give (see Children Act 1989, Section 31), or to the child being beyond parental control.

Specialist Assessment

Specialist assessments are likely to be required to support and inform the Core Assessment where a risk assessment of an alleged sex offender is required, where mental health issues in parent/carer or child are identified/where substance abuse may be a significant factor, or where the child/parent/carer suffers from disability.

Specific Issues Order (Children Act 1989, Section 8)

An order giving directions for the purpose of determining a specific question which has arisen, or which may arise in connection with any aspect of parental responsibility for a child. The Local Authority cannot use this order as an alternative to commencing care proceedings when the threshold criteria under Section 31 Children Act 1989 are met.

Strategy Meeting/Discussion

Minimally this is a discussion/meeting between Social Services and the police but consideration should be given to involving other agencies within 24 hours following a decision to undertake a S47 Enquiry. The purpose being to share all relevant information and plan the timescales and scope of a child protection enquiry.

Substance Abuse

Drugs including any substance (e.g. alcohol) which modify the physiological and/or psychological functions of an individual.

Supervision Order

An order under section 31(1)(b) putting a child under the supervision of a designated Local Authority or of a Probation Officer. The order lasts for one year with a possible extension. The maximum duration is 3 years. The first interim order may be made for 8 weeks (subsequently 4 weeks). The court must be satisfied that the threshold criteria under Section 31 Children Act 1989 are crossed and the order is in the best interests of the child before they make it.

Tertiary

High Risk level of intervention on eligibility criteria.

Timetables

The court is bound by the principle of avoiding delay, as it is presumed to be harmful to the child. It has the power to draw up a timetable and give directions for the conduct of the case in any proceedings in which the making of a Section 8 Order arises, and in applications for Care and Supervision orders.

Threshold

The threshold for carrying out a Core Assessment can be made using the duty to make enquiries under Section 47 or under Section 17 of the Children Act 1989. Under Section 47: The threshold is met when a reasoned judgement has been made that a suspicion of actual, or likely, suffering of significant harm is justified in relation to an individual child. Under Section 17: The threshold is whether there are significant concerns about the child's health and development. Such a judgement under either Section 47 or Section 17 may be reached: · at the outset, based on referral information; · at any time during or at the conclusion of an Initial Assessment. NB: For thresholds for care proceedings please see entry for significant harm.

Welfare Checklist (Children Act 1989, Section 1(3))

A checklist of seven points to which the courts must refer in any Section 8 or Care and Supervision proceedings: · the ascertainable wishes and feelings of the child concerned (considered in the light of his/her age and understanding). · his/her physical, emotional, and educational needs. · the likely effect of any changes in his/her circumstances. · the child's age, sex, background and any characteristics which the court considers relevant. · any harm which he/she has suffered or is at risk of suffering. · how capable each of his/her parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his/her needs. · the range of powers available to the court under the Act in the proceedings in question.

Welfare Report

The court has the power to request "welfare reports" on a child under Section 7 and Section 37 of the Children Act 1989. Under Section 7: The court may order the local authority or probation services to prepare a report on the child's welfare and to make recommendations to the court on the application before it. Under Section 37: The court may order the Local Authority to prepare a report on the child with the specific purpose of addressing whether or not the threshold criteria under Section 31 are crossed and whether or not the Local Authority intends to make an application for a care or supervision order on the child. These reports are usually ordered during the course of private law proceedings but may be ordered in public law proceedings

Working Together

Document prepared by DoH, the Home Office, the Department of Education and Science and the Welsh Office consolidating previous guidance on procedures for the protection of children and recommending developments aimed at making these more effective.