View LCP Procedures View LCP Procedures

3.1.2 Decision to Look After a Child (Care and Permanence Planning)

SCOPE OF THIS CHAPTER

This chapter summarises the key steps that must be taken in deciding that it is necessary to Look After a child and achieve Permanence.  It must be read in conjunction with the relevant placements chapter, containing further procedures for specific circumstances.  Placements chapters are contained in Part 3.2 of this manual.

See also Public Law Outline and Statutory Guidance - Frequently Asked Questions

AMENDMENTS

This chapter was amended in August 2011 to take account of the Care Planning, Placement and Case Review (England) Regulations and associated Guidance. The changes in the chapter are highlighted for ease of reference. The chapter should be read in its entirety.


Contents

  1. Decision to Look After a Child
  2. The Care Plan
  3. Timescale for Completion
  4. Approval of the Care Plan
  5. Circulation of the Care Plan
  6. Other Required Plans and Documentation
  7. Permanence Planning


1. Decision to Look After a Child

1.1 Decision to Look After

A decision to Look After a child will normally be made by a Team Manager.  The decision should be based on a thorough assessment of the child’s needs.  If not undertaken in the previous three months, the social worker must undertake a Core Assessment in relation to the child.  The view of the social worker should be that it is necessary to Look After the child because:

  • All attempts at early intervention to maintain and support the child with the family have broken down; or
  • The child would be at risk of significant harm by remaining with the family; or
  • The child is disabled and a series of short break placements is necessary to provide respite for his or her carers;

In deciding whether a foster or children’s homes placement is suitable for the child, the social worker should take account of the Placement Prioritisation Criteria, see Placement Prioritisation Criteria Guidance.

If a Residential Placement is required for a child with disabilities, in most cases, this decision will be taken following a multi-disciplinary assessment and having regard to the holistic needs of the child and family. Occasionally, the decision will be taken by the SEN panel alone if the need is based solely on educational grounds. If funding is required, please see Funding Arrangements for the Placement of Children in Residential Care Protocol

1.2. Looked after Status

The decision should only be made where the manager is satisfied that appropriate assessments and consultations have taken place (as required in this chapter and in relevant placements chapters) on the necessity, purpose and nature of the proposed placement.  In some circumstances a child may be placed in an Emergency or with limited consultations and checks; relevant placements chapters specify where this is possible.

Before a decision is made to look after a child, consideration should be given to other extended family members or friends who might be prepared to care for the child without the need for the child to be Looked After.

Any such placement would have to be agreed with the parent, and the social worker and manager must be satisfied that such an arrangement is sufficiently secure to meet the child’s needs and is supported by a Child Plan.

See Kinship Care Guidance.

If no such arrangement can be identified or such an arrangement would not meet the child’s needs, a planning meeting must be held, wherever possible, to plan or consider:

  • The child's immediate placement needs - including the child's views, the views of the parents, those with Parental Responsibility and any other person whose wishes and feelings the authority consider to be relevant - and whether a placement with a  Connected Person may be possible;
  • The timescales for the child's placement;
  • A date for the child to return home or when the decision will be reviewed;
  • The actions of support and work to be included in the Care Plan to enable the necessary change for the child to return home wherever possible;
  • The obtaining of parental consent to look after the child and consent to medical care;
  • The contact arrangements with birth parents, siblings, extended family and friends;

The social worker will request a ‘Looked After Pack’, containing all the required documentation, from the relevant administrative staff.

The social worker will be responsible for seeking an appropriate placement for the child and making the necessary arrangements in relation to the placement, in accordance with the Placement Procedures contained in Part 3 of this manual (which can be accessed via the Contents Section) .

Where a decision is made to pursue a Looked After placement with a relative or friend and the placement is likely to be for longer than 6 weeks, the assessment of the relative/friend as a foster carer must be arranged to commence immediately.

See Placements with Relatives, Friends and Connected Persons Procedure.

1.3 Actions required after a Decision to Look After is made

In all cases, if it is agreed that the child should become Looked After, the child's social worker will draw up a draft Care Plan (see Section 2, The Care Plan) with clear timescales and a statement as to whether the child's needs would best be met in a family placement or residential care.

If a foster or residential placement is required, the relevant procedure to be followed, including the need to hold a Placement Planning Meeting, will be found in the Placements in Foster Care Procedure or the Placements in Residential Care and Secure Accommodation Procedure.

Where a decision is made to pursue a Looked After placement with a relative or friend (or the child's placement with a relative or friend is judged to be a Looked After placement), an immediate assessment of the relative/friend must be undertaken. See Placements with Relatives, Friends and Connected Persons Procedure.

For secure placements, see Placements in Residential Care and Secure Accommodation Procedure.


2. The Care Plan

In all circumstances where a decision is made to look after a child, the child must have a Care Plan completed by the social worker and signed by the relevant team manager, the contents of which include:

  • The child's Placement Plan (setting out why the placement was chosen and how the placement will contribute to meeting the child's needs);
  • The child's Permanence Plan (setting out the long term plans for the child's upbringing including timescales);
  • The Pathway Plan (where appropriate, for young people leaving care);
  • The child's Health Plan;
  • The child's Personal Education Plan;
  • The contingency plan;
  • The date of the child's first Looked After Review (within 20 working days);
  • The name of the Independent Reviewing Officer.

The child's social worker is responsible for drawing up and updating the Care Plan in consultation with:

  1. The child;
  2. The child's parents and those with Parental Responsibility;
  3. Anyone who is not a parent but has been caring for or looking after the child;
  4. Other members of the child's family network who are significant to the child;
  5. The child's school or the education service;
  6. The relevant health trust;
  7. The Youth Offending Service, if the child is known to them;
  8. Any other agency involved with the child's care;

The social worker should ensure that the child, those with Parental Responsibility and the carer understand the Care Plan and their role in contributing to its implementation.

One of the key functions of the Care Plan is to ensure that each child has a Permanence Plan by the time of the second Looked After Review. The Care Plan is subject to scrutiny at each Looked After Review - see Looked After Reviews Procedure.

The Care Plan should include the arrangements made to meet the child's needs in relation to his or her:

  • Emotional and behavioural development;
  • The child's identity in relation to religious persuasion, racial origin and cultural and linguistic background;
  • Family and social relationships; arrangements for contact with sibling(s) accommodated by the authority or another local authority; details of any Section 8 Order, in relation to a Looked After Child; details of any order in relation to contact with a child in care; arrangements for contact with parents/anyone with Parental Responsibility/ any other Connected Person; arrangements for the appointment of an Independent Visitor for a Looked After Child;
  • Social presentation;
  • Self-care skills.


3. Timescales for Completion

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.


4. Approval of the Care Plan

Any Care Plan taken before the Court within Care Proceedings must be endorsed and signed by a Designated Manager (Care Proceedings).

All other Care Plans must be endorsed and signed by the social worker’s manager.

The Care Plan can be updated by the social worker, with the manager’s approval, at any time. 

The Care Plan is subject to scrutiny at each Looked After Review.


5. Circulation of Care Plan

The Care Plan must be circulated to the following people:

  • The child;
  • The parent(s);
  • Providers/Carers - if no Care Plan has been drawn up prior to the child's placement, the social worker must ensure that the providers/carers understand the key objectives of the plan, and how the placement will help achieve these objectives;
  • The Fostering Service, where the child is in foster care.  N.B. The Care Plan should be filed in the confidential section of the foster carer's file and returned to the child's social worker when the placement ends;
  • The child's Independent Reviewing Officer.


6. Other Required Plans and Documentation

6.1 Placement Plan (recorded on the Placement Information Record on ICS)

The child must have a Placement Plan at the time of the placement (this includes the parent's consent to the placement (if applicable) and the child's medical treatment).  It should be completed as far as possible before the child is placed or, if not reasonably practicable, within 5 working days of the start of the placement.

The information to be included in the Placement Plan will include:

  1. How on a day-to-day basis the child will be cared for and the child's welfare will be safeguarded and promoted by the appropriate person;
  2. Any arrangements for contact between the child and parents/anyone with Parental Responsibility/any other connected person, including, if appropriate, reasons why contact is not reasonably practicable or not consistent with the child's welfare; details of any Contact Order (under Section 8 or 34 of the Children Act 1989); the arrangements for notifying any changes in contact arrangements;
  3. Arrangements for the child's health (physical, emotional and mental) and dental care, including the name and address of registered medical and dental practitioners; arrangements for giving/withholding consent to medical/dental examination/treatment;
  4. Arrangements for the child's education and training, including the name and address of the child's school/other educational institution/provider and designated teacher; the Local Authority maintaining any statement of Special Educational Needs;
  5. The arrangements for and frequency of visits by the child's social worker; and for advice, support and assistance between visits;
  6. If an Independent Visitor is appointed, the arrangements for them to visit the child;
  7. The circumstances in which the placement may be terminated;
  8. The name and contact details of  the Independent Reviewing Officer, the Independent Visitor if one is appointed, the social worker who will be visiting the child, and the Personal Adviser for an  Eligible Young Person.

The Placement Plan will be recorded on the Placement Information Record on the child's electronic database.

Copies of the Placement Information Record must be provided to the child (if of sufficient age and understanding), the parents and must be handed to the residential staff/carers before the child is placed.  Where a child is placed in an in-house foster placement, one copy should also be sent to the Fostering Team - to be kept in the confidential section of the foster carer's file and returned at the end of the placement.

At the time of the placement, the residential staff/carers should also be given any additional information about details of the child's day to day needs which are not covered by the Placement Information Record but are important to ensure that the staff/carers are in the best possible position to help the child settle in the new placement, for example any particular fears at night-time or the child's favourite toys.

6.2 Chronology

Whenever a new placement is made or the child moves placement, the child's Chronology should be updated.

6.3 Arrangement of first Looked After Review

The child's social worker must notify the Reviewing Team of the placement within two working days of the child becoming looked after, so that the necessary arrangements for the allocation of an Independent Reviewing Officer (IRO) (within 5 working days of the child becoming looked after wherever possible) and the child's first Looked After Review can be made.  See the Looked After Reviews Procedure for the procedures relating to reviews, including the responsibility for invitations to reviews.

6.4 Health Care

Before or at the time of the placement, the social worker should request the parent to transfer the child's personal child health record. Where this is lost or not available, the social worker should ask for a replacement to be issued and ask the Designated Nurse for LAC to assist with providing any information to complete the record.

The social worker should also contact the Designated Nurse for LAC to arrange a Health Care Assessment before the placement or, if not reasonably practicable before the first Looked After Review (i.e. within 20 working days of the placement) so that the completion of a Health Care Plan is in time for the child's first Looked After Review. See Health Care Assessments and Health Care Plans Procedure.

In addition, the social worker should inform the carer of any medication the child is taking, and ensure that a supply of medication is provided in a clearly labelled bottle with the child's name, required dosage and the time the medication is to be given.

6.5 Personal Education Plan (PEP)

The social worker should also liaise with the Designated Teacher so that a Personal Education Plan (PEP) can be completed as part of the Care Plan before the child becomes looked after (or within 10 working days in the case of an emergency placement) and be available in time for the first Looked After Review.  See Education of Looked After Children Procedure.

6.6 Provision of information

The child's social worker must provide the child and parents with written information about the placement.

The child and parents must also be provided with information about the complaints process and the availability of advocates.

6.7 Changes in Legal Status

Any changes in a child's legal status as a result of court proceedings must be recorded on the child's electronic record.


7. Permanence Planning

Permanence for a Looked After child means achieving, within a timescale which meets the child’s needs, a permanent outcome which provides security and stability to the child throughout his or her childhood.  It is therefore the best preparation for adulthood. 

Wherever possible, permanence will be achieved through a return to the parents’ care or a placement within the wider family but where this cannot be achieved within a time-scale appropriate to the child’s needs, plans will be made for a permanent alternative family placement, which may include adoption, or, for older children, a stable placement which prepares the child for adulthood.

Where Adoption is the plan for Permanence, Placements for Adoption Procedure.

Where adoption is not the plan for Permanence, see Section 7.2, Permanence Planning Meetings.

Also see Permanence Planning Guidance

7.1 Summary of Looked After Review Procedures

For detailed procedures see Looked After Reviews Procedure.

The Care Plan will be regularly reviewed at Looked After Reviews. 

By the time of the second Looked After Review, the Care Plan must contain a plan for achieving permanence for the child within a timescale that is realistic, achievable and meets the child’s needs. 

At the third Looked After Review, a Contingency Plan must be made where the plan for permanence has not been achieved. 

All subsequent Reviews should review the progress and validity of the Permanence Plan.

7.2  Permanence Planning Meetings

The following procedure normally applies to children over the age of 13 where there is a plan for Permanence.  If the plan is for the child to be adopted, see Placements for Adoption Procedure.

This procedure is designed to complement the procedures set out in Looked After Reviews Procedure.

First Permanence Planning Meeting

Having identified the need for a permanent foster placement, the child’s social worker must convene a Permanency Planning Meeting. 

The first Permanency Planning Meeting should be chaired by the Principal Social Work Manager, and all the key people should be invited (i.e. allocated fostering social worker, the Supervising Social Worker, the Fostering Service Manager, the child’s foster carers, the child, and child’s parents).

The social worker should prepare and circulate a written report prior to the Permanency Planning Meeting that sets out information under the following headings:

  • Basic information
  • Background history
  • The current Care Plan

The report should also provide information in relation to the child on the following matters:

  1. Ethnicity and religion
  2. Contact
  3. Education
  4. Health
  5. Behaviour
  6. Geography and community

The first Permanency Planning Meeting will consider the report and identify the profile of a foster placement that will meet the needs of the child.  This should be recorded in the minutes and circulated to all parties. 

A date should then be agreed for a second Permanency Planning Meeting, usually about 4-6 weeks later.

On receipt of the minutes, the allocated fostering social worker will attempt to identify an in-house foster carer to meet the permanence needs of the child.  This worker will produce a written report for the second Permanency Planning

Meeting, setting out the details of foster carers who were considered, and make recommendations about whether any of these can meet the child’s needs.

Second Permanence Planning Meeting

The second Permanency Planning Meeting will be convened within 4-6 weeks of the first Permanency Planning Meeting to consider the options available and decide from one of the following:

  1. Progress permanence with one of the identified carers
  2. Continue to search for an appropriate in-house carer (will need an agreed further four month period)
  3. Seek funding agreement to search for a foster carer in the private and voluntary sector

Third/Subsequent Permanence Planning Meetings

Where appropriate, a date will be set for a further Permanency Planning Meeting to progress the agreed plan.  At each Permanency Planning Meeting the options available will be considered.

Where funding is agreed (in writing) for foster carer in the private and voluntary sector it will be the responsibility of the allocated fostering social worker to undertake this search.  This worker will produce a written report for the subsequent Permanency Planning Meetings setting out the details of agencies/foster carers who were considered, and make recommendations about whether any of these can meet the young person’s needs.  If it has not been possible to identify a placement in this way, the meeting will need to consider whether permanence through fostering is a viable and realistic plan.

When an appropriate placement is identified formal decision-making will take place in the context of a Permanency Planning Meeting or Looked After Review.  The foster carer identified will be approved as either a task centred or permanent foster carer for an age range that covers 13-18, and the placement of the young person for permanence in this context will not be referred to either the fostering or adoption panel.

End