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The Initial Child Protection
Conference
Purpose
5.1 The
initial child protection conference
brings together family members, the
child,
where appropriate, and those professionals
most involved with the child and family
following s.47 enquiries. Its purpose
is:
- To bring together and analyse in
an inter-agency setting, the information
which has been obtained about the
child’s developmental needs,
and the parents’ or carers’ capacity
to respond to these needs, to ensure
the child’s safety and promote
the child’s health and development
within the context of their wider
family and environment;
- To consider the evidence presented
to the conference, make judgements
about the likelihood of a child suffering
significant harm in future and decide
whether the child is at continuing
risk of harm; and
- To decide what future action is
required to safeguard and promote
the welfare of the child, how that
action will be taken forward, and
with what intended outcomes.
5.2 Those
professionals and agencies who are
most involved with the child and family,
and those who have taken part in a
s.47 enquiry, have the right to request
that the Children’s Social Care
convene a conference, if they have
serious concerns that a child’s
welfare may not be adequately safeguarded.
Any such request that is supported
by a senior manager, or a named or
designated professional, should normally
be agreed. Where there remain differences
of opinion as to the necessity of a
conference, every effort should be
made to resolve them through discussion
or explanation using the procedures
for resolving professional differences
(chapter nine)
Timing
5.3 All
initial child protection conferences
should take place within 15 working
days of the strategy discussion, or
the last strategy discussion if more
than one has been held.
5.4 Any
delay should be agreed with the relevant
senior manager within Children’s
Social Care. Records must be kept by
the senior manager of conferences that
occur after 15 working days of the
strategy discussion and the reasons
for this recorded in the minutes of
the conference and the reasons why
the conference has been held after
15 days. This information should be
passed to the chair of the LSCB group
responsible for quality audit.
5.44 The chair of the conference is responsible for the conference decision. The chair will consult conference members; take account of any written contributions received and aim for a consensus as to the need
for a child protection plan, but ultimately will make the decision and note any dissenting views.
5.45 If a decision is taken that the child is at continuing risk of significant harm and hence a child protection plan is necessary, the chair should determine which category of abuse or neglect the child has suffered or is at risk of suffering. The category used (i.e. physical, emotional, sexual abuse or neglect) will indicate to those consulting
the child's social care record the primary presenting concerns at the time the child became subject to a child protection plan.
Pre-birth conferences
5.5 In
the case of concerns about the safety
of unborn children, a conference may
be held as a result of:
- The outcomes of a core assessment
on a case already known to
Children’s Social Care indicating
that the unborn child may be at risk
of significant harm, and/or
- Previous children having been removed
from the family as a result of legal
proceedings and the family are known
to Children’s Social Care,
and/or
- Previous historical knowledge indicates
that there is a strong likelihood
of the baby suffering significant
harm.
5.6 The
timing of the conference should be
such that there is time for proper
plans to be made prior to the birth
of the baby, but not so far before
the baby is born that circumstances
might significantly change. Pre-birth
child protection conferences should
therefore normally be held after the
24th week of pregnancy and not less
than 6 weeks prior to the expected
delivery date
5.7 The
relevant midwife should always attend
pre–birth conferences.
The Review Child Protection
Conference
Purpose
5.8 The
purpose of the Review child protection
conference is to:
- review the safety, health and development
of the child against the intended
outcomes set out in the child protection
plan
- ensure the plan continues to adequately
protect the child from risk of harm
- bring together and analyse information
about the child’s health and
development and the parent/carers
capacity to ensure the child’s
safety and welfare
- make judgements about the likelihood
of the child suffering significant
harm in the future
- decide what action is required
to safeguard the child and promote
their welfare
Timing
5.9 The
first review conference should take
place within 90 days of the initial
conference
5.10 Further
review conferences must be held at
intervals of not more than 6 months,
for as long as the child is judged
to be at risk of harm and there is
the need for a child protection plan
5.11 Consideration
must always be given to bringing the
date of the conference forward when:
- There is a new incident of abuse
- There are difficulties in carrying
out the child protection plan
- A child is to be born into the
household of a child who is subject
to a child protection plan
- An offender convicted of offences
against a child joins or commences
regular contact with the household
- There are significant changes in
the family circumstances, not anticipated
at the previous conference that have
implications for the safety of the
child
where the core group, at any early stage,
believes that the child no longer needs
to be subject to a child protection plan.
The conference process – initial
and review conferences
Attendance
5.12 Professionals
attending conferences should be there
because they have:
- Professional expertise relevant
to the case and/or
- Knowledge of the child and family
5.13 The LA social
work manager should consider whether
to seek advice from, or have present,
a medical professional who can present
the medical information in a manner
which can be understood by the conference
attendees and enable such information
to be evaluated from a sound knowledge
base.
5.14 There should
be sufficient information and expertise
available –through personal representation
and written reports- to enable the
conference to make an informed decisions
and plans. However a conference that
is larger than it needs to be can inhibit
discussion and intimidate the child
and family members.
5.15 Those who have
a relevant contribution to make to
a conference may include:
- The child, or his or her representative;
- Family members;
- Staff from Children’s Social
Care who may have led or been involved
in an assessment of the child and
family;
- Foster carers (current or former)
- Residential care staff;
- Professionals involved with the
child ( for example, health visitor,
midwife, school nurse, children’s
guardian, paediatrician, school staff,
early years staff, the GP, NHS Direct)
- Professionals involved with the
parents or other family members (for
example family support services,
adult mental health services, probation,
the GP, NHS Direct;
- Professionals with expertise in
the particular type of harm suffered
by the child or in the child’s
particular condition, for example
a disability or long term illness;
- Those involved in investigations
(for example the police)
- Local authority legal services
(child care);
- NSPCC or other involved voluntary
organisations;
- A representative of the armed services,
in cases where there is a Service
connection.
Involving
the child and family members
5.16 Before a conference
is held, the purpose of the conference,
who will attend and the way it will
operate should be explained to the
child of sufficient age and understanding,
the parents and other involved family
members. They should be given a leaflet
explaining the child protection conferenceand
informed that they may choose to bring
a friend, advocate or supporter to
help them fully participate in the
conference and express their view.
This may be a solicitor acting in the
role of a supporter, not as an advocate.
5.17 Subject
to consideration of their age and understanding,
the child/ren should be given the opportunity
to attend the conference should they
so wish. They should be told that they
may bring an advocate, friend or supporter.
5.18 In deciding
whether to give a child the opportunity
to attend the conference the primary
questions to be addressed are:
- Does the child have sufficient
understanding of the process
- Have they expressed an explicit
or implicit wish to be involved
- The parents views about the child’s
attendance
- Is inclusion assessed to be of
benefit to the child
Normally it should be assumed that
a child of twelve or over should be
eligible to attend unless there is
a reason not to do so.
5.19 If the child
states that they do not wish to attend
the conference this must be respected;
similarly, if they wish to attend,
this should be acceded to unless it
can clearly be shown that this is contrary
to their best interests.
5.20 When the child
does not attend the social worker must
ensure that every effort is made to
ensure the child’s views are
conveyed to conference members. This
may be via:
- A pre-meeting with the conference
chair
- Written statements/e-mails/text
messages and recorded comments
5.21 Where parents/carers
or the child are bringing a friend,
supporter or advocate it should be
explained to them that:
- The role of a friend or supporter
is not to represent the parent
or to speak on their behalf, but
to provide emotional support and
assist them in understanding the
information presented to the conference
and in expressing their view. In
exceptional circumstances a conference
chairperson may prevent a friend
or supporter from attending a conference,
e.g. where their presence is disruptive
or where the person is deemed to
a risk to children.
- The role of an advocate is to
speak on behalf of a parent/carer
or child, having ascertained their
view in advance of the meeting
5.22 Where the child’s
attendance is neither desired by them,
nor appropriate, the LA Children’s
Social Care professional who is working
most closely with the child should
ascertain their wishes and feelings
and make these known to the conference
5.23 Parents should
normally be invited to attend the conference
and be helped to participate fully
in the conference. Such help is the
responsibility of the child’s
social worker and should include:
- Assistance with preparing for
the conference, including thinking
in advance what they want to convey
and how best to do this. Some may
wish to prepare a written report,
and assistance with this should
be given should the parent/carer
so wish
- Help with travel arrangements
to and from the conference
- Provision of an interpreter for
parents/children whose first language
is not English or, who are Deaf
and use sign language
- Assistance with reading written
material if this is required
- Ensuring that the exact requirements
needed to support fully the participation
of parents with disabilities are
identified, and that these requirements
are met
- Informing the conference chair
if the child or family are bringing
a friend relative or supporter
- Young children should not attend
conferences, and alternative child
care arrangements should be made
for them with the help of the social
work team where necessary.
5.24 The child’s
social worker should brief the conference
chair if there are any reasons why
it may not be possible to involve all
family members at all times in the
conference, for example if there is
a high level of conflict between family
members or adults, and any children
who do not wish to speak in front of
one another
5.25 There is an
expectation that all information should
be shared, with the exception of information
relating to a third party. Any
concerns which the professional concerned
have must be discussed with the chairperson
before the conference. This decision
should be recorded in the minutes of
the meeting.
5.26 Parents/carers
should only be excluded partially or
completely from the conference if one
of the criteria below applies. The
decision to exclude rests with the
chair of the conference. Reasons for
exclusion should be conveyed to the
parents, both orally and in writing.
Reasons for exclusion should also be
recorded in the minutes of the meeting.
5.27 If parents
are excluded or unable to attend they
should be enabled to communicate their
views to the conference by another
means, for example via a written report. The
chair, in consultation with conference
members, will agree what information
from the minutes of the meeting will
be received by the excluded person.
5.28 Criteria
for excluding parents/carers from a
child protection conference
Full Exclusion |
Partial
Exclusion |
A
strong risk of violence or intimidation
by a family member at or subsequent
to the conference, towards a
child or anybody else |
The
presence of an alleged perpetrator
may affect the outcome of criminal
proceedings. |
If
the parent or carer presents
on the day or during the meeting
in a way which indicates that
they are likely to cause disruption
to the meeting |
|
Quorate Conferences
5.29 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.
5.30 The minimum
representation for quoracy is Children’s
Social Care and at least 2 other agencies
who have had direct contact with the
child and family
5.31 Where a conference
is inquorate it should not normally
proceed and in such a circumstance
the chair must ensure that either:
- An immediate protection plan is
produced
- Any existing plan is reviewed with
the professionals and family members
that do attend so as to safeguard
the welfare of the child.
- The notes of this discussion must
be minuted and circulated to all
those who should have attended the
conference
- Another conference date is set
immediately
5.32 In exceptional
circumstances the chair may decide
to proceed with the conference despite
lack of agency representation. This
may occur where:
- A child has not had relevant contact
with 3 agencies
- Where sufficient information is
available and delay will be detrimental
to the welfare of the child
Information for the conference
5.33 All information
provided to the conference, whether
written or verbal, should take care
to distinguish between fact, observation,
allegation and opinion.
5.34 At the initial
conference, Children’s Social
Care should provide the conference
with a report relating to each child. This
should be consistent with the information
set out in the Initial Child Protection
Conference Report (Department of Health
2002)
5.35 Although a
core assessment is the means by which
s47 enquiries are carried out, it is
unlikely that it will have been completed
in time for the initial conference.
The report will therefore summarise
and analyse the information obtained
so far. The report should include:
- A genogram that has been prepared
with the family
- A chronology of significant events
and agency and professional contact
with the child and family
- Information on the child’s
current and past developmental
needs
- Information on the capacity of
the parents and other family members
to ensure the child is safe from
harm, and to respond to the child’s
developmental needs, within their
wider family and environmental
context
- The expressed views, wishes and
feelings of the child, parents
and other family members with regard
to the services or actions being
considered.
- An analysis of the implications
of the information obtained for
the child’s future safety
and of meeting his or her developmental
needs
5.36 Other professionals
attending the initial conference who
have had direct contact with
the child and family should provide a report
in advance, outlining:
- A chronology of their involvement
with the child and family
- Knowledge they have concerning
the child’s health and development,
the capacity of the parents and
other family members to safeguard
the child and family and environmental
factors which might affect parenting
capacity
- Their analysis of the implications
of the information for the child’s
future safety and meeting of his
or her developmental needs
5.37 For the
review conference the core group has
a collective responsibility to produce
reports which together provide
an overview of the work undertaken
by family members and professionals
and evaluate progress against the outcomes
specified in the detailed child protection
plan. The content of the report
to the review conference should be
consistent with the information set
out in the Child Protection Review
( Department of Health 2002)
5.38 In
addition to the reports above, the
outcome of the completed core assessment
will also be presented to the review
conference.
5.39 The parents and
each child will be provided with a
copy of the inter-agency core assessment
and all additional reports at least
one working day in advance of the conference. The
contents of reports should be explained
and discussed with the child and relevant
family members in advance of the conference
itself in the preferred language(s)
of the child and family members
5.40 It is the role
of the conference to:
- Decide whether the child is at
continuing risk of significant harm
and therefore requires inter-agency
help and intervention delivered through
a formal child protection plan
- Formulate an outline plan
- Ensure that, where a child is not
judged as being at continuing risk
of significant harm, consideration
is given as to whether the child
may need services to promote his
or her development
5.41 It is the role
of the conference chair to:
- Determine which category of abuse
or neglect the child has suffered.
The category used (that is physical,
emotional, sexual abuse or neglect)
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.
Decision making at the initial
conference
5.42 The test as
whether the child is at continuing
risk of significant harm should be
that either:
- The child can be shown to have
suffered ill-treatment or impairment
of health or development as a result
of physical, emotional, or sexual
abuse or neglect, and the professional
judgement is that further ill-treatment
or impairment are likely; or
- Professional judgement, substantiated
by the findings of enquiries in this
individual case or by research evidence,
is that the child is likely to suffer
ill-treatment or the impairment of
health or development as a result
of physical, emotional, or sexual
abuse or neglect
5.43 The conference
decision should result from the chair
ensuring that:
- All the information available to
conference has been scrutinised by
the conference members and information
that is missing has been noted
- All conference members have had
an opportunity to present their views
and challenge the views of others
Child subject of a child protection
plan
5.44 Where a child
is to be made subject of a child protection
plan it is the responsibility of the
conference to consider and make recommendations
on how agencies, professionals and
the family should work together to
ensure that the child will be safeguarded
from harm in the future.
5.45 The conference
should:
- Appoint the lead statutory body
(either LA Children’s Social
Care or the NSPCC) and a key worker,
who should be a qualified, experienced
social worker and a member of the
lead statutory body. Where it is
not possible to appoint a key worker
at the conference it becomes the
responsibility of the team manager
whose team is bringing the case to
ensure the key worker role and functions
are met and that a key worker is
appointed by the first core group
meeting
- Identify the membership of a core
group of professionals and family
members who will develop and implement
the child protection plan as a detailed
working tool
- Consider whether a Family Group
Conference / Meeting would be an
effective way of engaging the wider
family group in developing and implementing
the child protection plan
- Establish how children, parents
(including those with parental responsibility)
and wider family members should be
involved in the ongoing assessment,
planning and implementation process
and the support, advice and advocacy
available to them
- Establish timescales for meetings
of the core group, production of
a child protection plan, and for
child protection review meetings
- Identify in outline what further
action is required to complete or
update the core assessment and what
other specialist assessments of the
child and family are required to
make sound judgements on how best
to safeguard and promote the welfare
of the child
- In the case of an initial conference,
outline the child protection plan,
especially identifying what needs
to change in order to safeguard and
promote the welfare of the child.
- Ensure a contingency plan is in
place if agreed actions are not completed
and/or circumstances change
- Agree a date for the child protection
review conference, and clarify under
what circumstances it might be necessary
to convene the conference before
that date
Child not subject of a child
protection plan
5.46 If it is decided
at the initial conference that the
child does not need a child protection
plan, the conference should develop
an outline child in need (CIN) plan It
may be helpful to use a Family Group
Conference / Meeting to complete the
child in need plan, and to engage the
wider family group in this process.
Discontinuing the child protection
plan
5.47 A child should
no longer be subject of a child protection
plan if:
- It is judged that the child is
no longer at continuing risk of significant
harm requiring safeguarding by means
of a child protection plan. Under
these circumstances only a child
protection conference can decide
that a child protection plan is no
longer necessary.
- The child and family have moved
permanently to another local authority
area. In such cases the receiving
local authority should convene a
child protection conference within
15 working days of being notified
of the move. Only after this event,
and after written confirmation has
been received, should the child protection
plan be discontinued in the original
authority.
- Where the child’s parents
are in the armed services and are
moving to an overseas command. Children’s
Social Care should ensure that SSAF-FH,
the British Forces Social Work Services
(overseas), or the NPFS for Royal
Naval families are informed and can
confirm that appropriate resources
exist in the proposed location to
meet identified needs
- The child has reached 18 years
of age, has died or has permanently
left the UK.
5.48 When a child
is no longer subject of a child protection
plan:
- Notification should be sent to
all those agencies representatives
who were invited to attend the initial
child protection conference, subsequent
reviews or core group meetings
- The review child protection conference
should discuss with the child (if
attending) and family what services
continue to be required in order
to meet the child’s developmental
needs. Recommendations should be
made concerning whether the child
continues to be a child in need,
and the content of any child in need
plan
The key worker should meet with the
child and family within 10 working
days of the discontinuation of the
child protection plan in order to confirm
the content of any child in need plan
and the process for implementation
and review.
Recording
5.49 Conference
minutes
- Children’s Social Care will
be responsible for ensuring that
all child protection conferences
have a dedicated person to take notes
and produce minutes of the meeting
- The conference minutes will include
the following information
- a list of those present and apologies
for absence
- family composition and legal
status of the children
- a record of any delay in convening
the conference with the reasons
- reasons for the decision to convene
a conference
- the essential facts of the case
- a summary of discussion at the
conference
- all decisions reached, and reason
for the decisions
- the outline or revised child
protection plan
- A copy of the minutes will be distributed
to all agencies and parents invited
to the conference, whether or not
they were present, except where any
agency has indicated that there is
no current involvement with the family
or any planned for the future
- Minutes will not be distributed
to any friends, supporter or advocates
who have attended the conference
- Full minutes will be distributed
within 15 working days.
- Minutes are a confidential document
and should not be passed by professionals
to third parties without the consent
of either the chairperson or the
key worker. However in cases of criminal
proceedings, the police may reveal
the existence of the notes to the
Crown Prosecution Service in line
with the Criminal Procedure and Investigation
Act 1996. Arrangements must be made
to keep the minutes securely and
retained by the recipient agencies
in accordance with their record retention
policies. They should not be filed
in professional records that have
open access.
5.50 A letter outlining
the decisions and recommendations of
the conference and date of first the
core group will be sent within 24 hours
to parents, children (where appropriate)
and all those invited to the conference.
Action Following the Child
Protection Conference
5.51 The key worker
is responsible for:
- Co-ordinating the work of the core
group to ensure that the outline
child protection plan is developed
into a more detailed inter-agency
plan
- Ensuring that all core group members
understand the role and function
of the core group and have a copy
of the leaflet Attending Core
Group Meetings
- Completing the core assessment,
securing contributions from core
group members and others as necessary
- Acting as lead worker for the inter-agency
work with the child and family
Seeing the child as agreed in the
child protection plan in
order to monitor their wellbeing and
be aware of their wishes and feelings.
- Co-ordination of the actions required
to put the child protection plan
into effect and reviewing progress
against the objectives set out in
the plan
Complaints about a Child Protection
Conference
5.52 Children,
Parents and caregivers are entitled
to make representations or complain,
in respect of one or more of the following
aspects of the functioning of child
protection conferences:
- The process of the conference;
- The outcome, in terms of the fact
of and/or the category of primary
concern at the time the child became
the subject of a child protection
plan;
- A decision for the child to become
or not become, the subject of a child
protection plan or not, or to cease
the child being the subject of a
child protection plan.
5.53 Complaints
about individual agencies, their performance
and provision (or non-provision) of
services should be responded to in
accordance with the relevant agency’s
complaints handling process.
- Complaints about aspects of the
functioning of conferences described
in 5.52 above, should be addressed
to the conference chair. Such complaints
should be passed on to Children’s
Social Care which, since they relate
to Part V of the Children Act 1989
should be responded to in accordance
with the Complaints Directions
2006. In considering and responding
to complaints the local authority
should form an inter-agency panel
made up of senior representatives
from LSCB and member agencies.
The panel should consider whether
the relevant inter-agency protocols
and procedures have been observed
correctly, and whether the decision
that is being complained about
follows reasonably from the proper
observation of the protocol(s)
- Professionals contributing to
the Child protection process do
not have a formal means of complaint
against it as do family members. However,
professional who dissent from the
consensus view of the child protection
conference will have their dissent
recorded and in the event that
professional views are equally
split between the need for a child
protection plan or not the Chair
person will decide.
More generally a professional from
any agency may formally express their
concern to Children’s Specialist
Services about the management of a
particular childs circumstances. In
this instance the file will be read
and reviewed by a Service Manager,
the professional raising the concerns
will be met with and spoken to and
the outcome will be recorded on the
case file and any actions implemented.
Practice Guidance
The Child Protection Conference
Chairing the Conference
The
conference chair
- should be a qualified and experienced
worker in children’s services
, independent of operational or line
management responsibilities for the
case.
- must be trained in the role and
should have
- a good understanding and professional
knowledge of children’s welfare
and development and best practice
in working with children and families
- the ability to look objectively
at, and assess the implications
of, the evidence on which judgements
should be based
- skills in chairing meetings in
a way which encourages constructive
participation, while maintaining
a clear focus on the welfare of
the child and the decisions which
have to be taken
- knowledge and understanding of
anti-discriminatory practice
The
conference chair should:
Prior to the meeting
- meet the child and family members
to ensure that they understand the
purpose of the conference, what will
happen and explain about the complaints
procedure
- decide whether a conference is
quorate within the terms of the LSCB
protocol
During the meeting
- set out the purpose of the meeting
to all those present, confirming
the agenda and emphasising the confidential
nature of the occasion
- enable all those present and absent
contributors to make their full contribution
to discussion and decision making
- encourage detailed scrutiny of
the information presented to conference
and constructive challenge between
conference members
- ensure that neither the content
of the meeting, nor the way in which
it is conducted, is discriminatory
and that any discriminatory behaviour
is addressed
- ensure that the conference takes
the decisions required of it in an
informed, explicit and systematic
way
Following the meeting
- Ensure that the conference minutes
are circulated to the correct people
within the expected timescale
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