QUICK REFERENCE GUIDE 2 - tri.x

1 Tri-X-Childcare march 2011 QUICK REFERENCE GUIDE 2 For colleagues working in Children s Social Care Looked After Children Fostering & Adoption Children s Homes Care Leavers REGULATIONS, GUIDANCE AND NEW NATIONAL MINIMUM STANDARDS INTRODUCED FROM 1 APRIL 2011 This GUIDE is available from our website, it can be freely printed and circulated. If extracts are used, they should be attributed to this document and Tri-X-Childcare march 2011 About this GUIDE This is a QUICK REFERENCE GUIDE summarising the key changes that emanate from the following Regulations, Guidance and National Minimum Standards: The Care Planning, Placement and Case Review (England) Regulations 2010 (Care Planning Regulations) and Associated Guidance; The Care Leavers (England) Regulations 2010 and Associated Guidance; The Children s Homes (Amendment) Regulations 2011 , Associated Guidance (Volume 5) and National Minimum Standards (NMS); The Fostering Agencies Regulations 2011 , Associated Guidance (Volume 4) and National Minimum Standards (NMS); The Adoption Guidance and National Minimum Standards.

2 These Regulations, Guidance and Standards have now been published and come into force on 1 April 2011 . Whilst we may have added some guidance on matters that came into force prior to April 2011 in Working Together to Safeguard Children 2010, the GUIDE is primarily concerned with changes emanating from the Regulations and Standards list above. Question: What is the difference between Regulations, Guidance and National Minimum Standards which must you follow and which are discretionary? The answer is provided in this GUIDE Who produced this GUIDE and it s status This GUIDE is produced by , we work with the majority of local authorities and LSCBs in the Country, keeping their policies and procedures up to date; we also provide a range of training and associated consultancy services. Our consultants specialise in the full range of children s services, including two childcare lawyers. This GUIDE is available from our website, it can be freely printed and circulated.

3 If extracts are used, they should be attributed this document and For more information about us, see contact details at the end of this GUIDE or visit our website Tri-X-Childcare march 2011 How we can help you If you are one of our customers, we are already working with colleagues to update your procedures manual to take account of these changes but you may be interested in additional help we can provide (see below). The following are available to existing and non customers: Training and familiarisation we can undertake briefings of your managers/colleagues either full or half day sessions can be arranged. The following are available to non customers (existing customers already benefit from these services): A full detailed outline of the all the changes which you can use as a checklist when updating your procedures. Template procedures in MS Word, verified by a childcare lawyer, which you can tailor to your needs.

4 We will provide a list of questions/matters that you should particularly address. Assistance with (re)drafting of your procedures; one of our Consultants will undertake this work on your behalf. The guides, checklists and procedures, referred to above, are created by our team of specialists and childcare lawyers. Costs start from as little as 400, for a full detailed outline of the all the changes. To find out more, please contact Phill Barnett T: 024 7667 8053 M: 07949 005456 Tri-X-Childcare march 2011 Relationship between Legislation, Regulations, Statutory Guidance, and National Minimum Standards (NMS) Overarching Legislation The Children Act 1989 This is primary legislation that must be followed Regulations The Children s Homes Regulations 2001 or The Foster Service Regulations 2011 This is referred to as secondary legislation, Regulations must be followed Statutory Guidance Volume 4 Children Act Guidance for Fostering Services or Volume 5 Children Act Guidance for Children s Homes; this also includes Local Authority Circulars Statutory Guidance and LA Circulars are issued under Section 7 of the Local Authority Social Services Act 1970, they must be complied with unless exceptional local reasons justify a variation.

5 Policies, Procedures & Guidance These are issues by providers/local authorities, providing detail of how they intend to implement the Legislation, Regulations and Statutory Guidance. They must comply with the relevant Legislation, Regulations and Statutory Guidance. Staff/Practitioners are normally required to follow procedures Policies Statements of intent or overarching plan/objective We aim is to ensure that outcomes for children and young people are improved by the receipt of better care, services and education. Improved outcomes can only be achieved if children are safe from harm. Therefore, safeguarding the welfare of children is part of our core business. Procedures State how Policies will be implemented on a day to day basis including timescales, levels of authority, forms/recording that must be completed Initial Assessments should be undertaken within a maximum of 10 working days from the receipt of the referral and must be authorised by the Head of Service.

6 Guidance NB this Guidance is not the same as Statutory Guidance (see above). This guidance is for staff about methods, theories and advice on the undertaking of assessments, working directly with children from particular backgrounds etc. Overarching Legislation The Children Act 1989 This is primary legislation that must be followed Regulations The Children s Homes Regulations 2001 or The Foster Service Regulations 2011 This is referred to as secondary legislation, Regulations must be followed Statutory Guidance Volume 4 Children Act Guidance for Fostering Services or Volume 5 Children Act Guidance for Children s Homes; this also includes Local Authority Circulars Statutory Guidance and LA Circulars are issued under Section 7 of the Local Authority Social Services Act 1970, they must be complied with unless exceptional local reasons justify a variation. Tri-X-Childcare march 2011 Care Planning, Placement and Review of Looked After Children and Care Leavers Summary of changes How much do you know about Care Planning ?

7 Prior to 1st April 2011 , Social Workers already had a statutory obligation to visit all Looked After Children, including those accommodated in Children s Homes is this correct? Under the new Care Planning Regulations, if it isn t possible to draw up a Personal Education Plan (PEP) before a Child becomes Looked After, how many working days does the Social Worker have to complete it? From 1st April, a new term Connected Person will start being used, what is a Connected Person ? Is there a statutory obligation to notify the Independent Reviewing Officer (IRO) if a Looked After Child is excluded from School? What is a Staying Put Policy? The answers to these and other key questions are provided below. 1. A Care Plan must be prepared prior to a child s first placement, or, if it is not practicable to do so, within 10 working days of the child s first placement. Previously there was no statutory time limit 2. A Placement Plan (usually recorded by the social worker on a Placement Information Record though some local authorities still use LAC Documentation therefore will use Placement Plan Part 1 or Part 2) must be drawn up by the social worker before the child is placed, or, if not reasonably practicable, within 5 working days of the start of the placement.

8 Previously there was no statutory time limit 3. Emergency placements with an approved foster carer outside the terms of approval can be made for up to 6 working days (previously 24 hours). 4. For children in receipt of Short Breaks, the Placing Authority has the discretion to place Children under Section 17 of the Children Act 1989 (meaning that they are not Looked After) or under Section 20 of the Children Act 1989 (meaning that they would be Looked After). This is new 5. A temporary approval of a Connected Person (the new term meaning a relative, friend or other person connected to the child) can last for a period of 16 weeks (previously 6 weeks) and the time period can be extended in exceptional circumstances. 6. Independent Reviewing Officers (IROs) have been given a new more effective and independent oversight of Children s cases. There are now two clear and separate aspects to the function of the IRO: chairing a child s review, and monitoring a child s case on an ongoing basis including whether any safeguarding issues arise.

9 This includes a requirement that IROs should receive a copy of the Care Plan, be consulted before and notified after a child is moved to a new placement and notified when a child is excluded from school. Tri-X-Childcare march 2011 7. If a child is at Key Stage 4 (year s 10 or 11), a senior nominated manager within the local authority must approve any change of placement, as it may disrupt the child s education. This is new 8. A senior manager within the local authority must also approve any placement out of area other than with a relative or friend. This is new 9. The timescales for conducting the first Health Care Assessment have changed from as soon as possible after the child becomes Looked After to before the first Looked After Review unless one has been conducted in the previous 3 months. 10. Previously, before April 2011 , Social workers had an obligation to visit Looked After Children except those placed in Children s Homes; now the requirement has been extended to all Looked After Children and the timescales for the frequency of visits have been amended.

10 On each visit speak to the child in private unless unable to/inappropriate or a competent child refuses: a) Within one week of the start of any placement b) At intervals of not more than 6 weeks for the first year of any placement c) Thereafter, at intervals of not more than 6 weeks (3 months if the placement is intended to last until the child is 18) d) If the child is placed with parents pending assessment, at least once a week until the first Looked After review, thereafter at intervals of not more than 6 weeks e) If the child is placed with a connected person with temporary approval, or living with parents under an Interim Care Order, at least once a week until the first Looked After review, thereafter at intervals of not more than 4 weeks f) If the child is placed in a Young Offenders Institution, within one week of the start of the placement, at intervals of not more than 6 weeks in the first year and thereafter every 3 months 11. The timescales for conducting Looked After Reviews (including on children who are the subject of a secure remand) has been amended as follows: First review must take place within 20 working days (previously 4 weeks) of the date on which the child becomes looked after; Second review must take place not more than 3 months after the first; Subsequent reviews must take place at intervals of not more than 6 months 12.