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• working together 2010

Contents

1. Children’s Policy Statement
2. Parental Responsibility
3. Equal Opportunities
4. Standard Setting, Monitoring and Evaluation
5. Delivering the Service
6. Recording Values and Principles
7. Confidentiality Values and Principles
8. Consultation Values and Principles

1. Children's Policy Statement

1. The best interests of the child: All decisions made in relation to children must have, as the first and paramount consideration, the best interests of the child.
2. Assessment, planning and review: Services will be provided to children on the basis of continual assessment, planning, monitoring and review.
3. Avoiding delay: All decisions in relation to the provision of services to children will be made promptly and within agreed time-scales, having regard to the needs of the child; the achievement of these timescales will be monitored and reviewed
4. Anti-discriminatory: Children will receive services which account for their race, culture, language, disability, and religion.  Every effort will be made to eliminate any stigma or disadvantage which may be caused as a result of social services involvement and to avoid labelling of children.
5. Valuing the family: Children have the right, whenever possible, to be brought up within their own family, either with their parents or relatives. 
6. Partnership: In promoting this right, services will be provided in partnership with parents, significant people in children’s lives and with other agencies to assist and support parents in meeting their children’s needs within the family. 
7. Listening and taking action: We will promote an ‘open door’ culture for all children, which encourages them to express their views, wishes and feelings; and say what they think about anything which affects them.  We will then do all we can to ensure their views are taken into account when decisions are made about them.
8. Quality services for children: Where services are provided for children, they will be provided by skilled people, committed to meeting children’s needs; in a manner which promotes their educational, physical, emotional, social and psychological needs and in an environment where they feel safe, positive and encouraged.
9. Keeping children informed: Children will be provided with a wide range of accessible information about our services and those which they may require to improve their life chances.
10. Promoting independence: We will help children to be as independent and to take as full and active a part in everyday life as possible.
11. Protecting children: We understand that, on occasions, it will be necessary for limits to be placed on the actions of some children for the sake of their welfare or to protect them or others from injury or harm.  Interventions used in these circumstances will be the least restrictive and disruptive and any force will only be used as a last resort.
12. Resolving dissatisfaction: Where children, or others on their behalf, are dissatisfied, we will take steps to resolve their dissatisfaction and provide opportunities for them to complain if they wish.
13. The appropriate looked after placement: Where children are unable to live with their birth family, they will be looked after in family based care or, where appropriate, residential care.
14. Respecting privacy: Looked after children will be treated with respect and afforded privacy, where they can express their individuality through their possessions which they can enjoy and, when they move on, take with them. 
15. Permanency: We will ensure a plan exists for all looked after children to achieve a permanent solution for their future upbringing.  Wherever possible, permanency will be secured through a return to their parents’ care or a placement within their 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.
16. Maintaining community links: Where children are looked after away from the family, they will be placed as near to their family home or community as possible unless their needs otherwise dictate.
17. Promoting contact: We will promote meaningful contact between looked after children and their families and community of origin unless particular circumstances indicate that such contact would not be in their best interests.
18. Monitoring: We will ensure that all looked after children receive regular and frequent visits from their social workers for the purposes of monitoring and reviewing the suitability of their placement arrangements.

2. Parental Responsibility

The following statement is contained in the Directorate’s Child Care Policy, issued in 2001.

For a definition of Parental Responsibility, see Keyword: Parental Responsibility

The authority will actively encourage and assist parents to carry out their parental responsibilities, empowering and requiring them to fulfil their duties towards their children.

The authority will endeavour to make decisions affecting Looked After Children in partnership with those who have parental responsibility having due regard for the child’s age and understanding. 

The authority will, at all times, empower the child and the carers to make informed decisions by providing information on their rights and options available.

In reaching any decisions, the welfare and interest of the child will always be the first priority and due consideration will always be given to the child’s cultural, racial, disability, religious and linguistic background.

The authority acknowledges that on occasion there may be a conflict of interest between the child and the parents or carers.  In recognition that the child’s needs are paramount and in order to promote the welfare of the child, decisions may have to be made when a different view is held by those persons who have parental responsibility.  In such circumstances, the authority remains committed to continued partnership.

The authority acknowledges that the process of partnership can make the implementation of plans for children more complicated and difficult.  However, full participation and partnership should continue where it is considered to be in the child’s best interests.

Decision making within the authority will be delegated to staff most directly involved with the child and carers.

3. Equal Opportunities

The following statement is contained in the Directorate’s Child Care Policy, issued in 2001.

The authority accepts the conclusions and recommendations of the Macpherson Report including the conclusion that racism exists in all sections of society including public service organisations.  The authority will ensure that all departments are aware of their responsibilities towards both users and staff in promoting an ongoing and critical review of the services they provide and the intended and unintended implications thereof.

All staff will receive continuing race, gender and disability awareness training and be supported to confront all and any form of discrimination.

The authority and its employees will not discriminate against or disadvantage any child or family on the grounds of colour, race, religion, language, disability, gender or sexuality.  All policies, procedures and practice will reflect this intention.

The offices and centres within Services for Children & Families will provide positive images in respect of race, culture, gender or sexual orientation in all areas of child care.

Children with disabilities and their families must be able to access all child care provision.

Children and their families affected with HIV/AIDS must be able to access all child care provision.

All service units will always provide ethnically sensitive care and support.

It is important that the ethnic and religious background of all persons with whom the authority has contact or any child or young person who is accommodated by the authority, will be supported and reinforced by the substitute care provided.

It is recognised that although white carers may be able to provide a black child with a stable and caring environment, it is unlikely that they will have the knowledge and experience necessary to help the child develop a positive cultural identity or cope with racism without significant support.

4. Standard Setting, Monitoring and Evaluation

The following statement is contained in the Directorate’s Child Care Policy, issued in 2001.

The authority will monitor the implementation of the Child Care Policy and practice by all staff by way of regular reviews, annual reports and the development of a range of performance indicators.

Performance indicators will include:

1. Monitoring family placements
2. Time limits for the production and development of child care plans
3. A senior officer oversight of all reviews
4. Time taken to identify family placements
5. Production and development of plans for independence for all young people “Looked After” aged over fifteen years
6. Timing of Statutory Reviews and Child Protection conferences.
7. Frequency of visits to a child.
8. All other Performance Assessment Framework, Best Value and District Audit indicators.

5. Delivering the Service

The following statement is contained in the Directorate’s Child Care Policy, issued in 2001.

The authority will ensure that all staff are recruited in accordance with Government guidelines and are trained to a standard to enable them to deliver a high quality child centred service.

All staff will be expected to participate in regular supervision and annual appraisals to ensure their skills, knowledge and practice are of the highest standards.

All staff will continually display a commitment to the child as an individual with particular needs to whom they owe a duty of care.  They can then expect support from colleagues and Members in the performance of their task.

Where any staff member suspects a failing in child care standards from any colleague or Member they can, without fear, report such failings to any manager or elected Member of their choice.

All staff in Services for Children & Families will be expected to participate fully in the development of policy, procedure and practice within the department.

6. Recording Values and Principles

The following must be read in conjunction with the Children and Families Recording Policy and Procedures (May 2001)

Each of the following values is summarised below.

1. Records Must be Kept on all Children
2. The Design of Records and Forms Must be Approved
3. Children and Their Families Must be Informed About Their Records
4. The Practitioner Primarily Involved Should Complete the Record
5. All Relevant Information About Children and Their Families Must be Recorded
6. Children and Their Families Should be Involved in the Recording Process
7. Information About Children and Their Families Should Normally be Shared With Them
8. Managers Must Monitor Information Held in Confidential Section of Records
9. Records Must be Legible, Signed and Dated
10. Records Must be Kept up to Date
11. Records Must be Written in Plain English and Prejudice Must be Avoided
12. Records Must be Accurate and Adequate
13. Managers Must Oversee, Monitor and Review Records
14. Records Should be Kept Securely
15. Removal of Records Must be an Exceptional Occurrence
16. Records Moved to a new Location Must be Monitored
17. Records Must Usually be Retained After Closure

1. Records Must be Kept on all Children

Records must be kept on all children: in the form of paper files but computer records, audio or video recordings may also be kept.

Information held in electronic records must accurately reflect the corresponding information recorded within paper files.

Records held on paper may extend to more than one volume.  Where more than one volume exists, the dates covered by each volume must be clearly recorded on the front cover. 

2. The Design of Records and Forms Must be Approved

Records and forms must be designed to fit their purpose and used consistently across the organisation.

3. Children and Their Families Must be Informed About Their Records

Children and their families have a right to be informed about the records kept on them, the reasons why and their rights to confidentiality and of access to their records.

See Section 7, Confidentiality Values and Principles

Information must be provided in a form that children and their families will understand - in their preferred language or method of communication.  An interpreter will be provided if needed.

4. The Practitioner Primarily Involved Should Complete the Record

The practitioner primarily involved, that is by the person who directly observes or witnesses the event that is being recorded or who has participated in the meeting/conversation, must complete records.

Where this is not possible and records are completed or updated by other people, it must be clear from the record which person provided the information being recorded.  Preferably the originator should read and sign the record.

Records of decisions must show who has made the decision and the basis on which it has been made.

5. All Relevant Information About Children and Their Families Must be Recorded

Every child's case file must include, on the inside of the front cover, a properly maintained chronology.

All visits, meetings or appointments made in relation to children must be recorded, stating who was present or seen, the relevant discussions which occurred, actions/decisions taken and by whom, and the reasons for decisions. 

All other relevant contacts with children, their families, colleagues, professionals or other significant people must be recorded in the same way, i.e. who was present or seen, the relevant discussions, actions or decisions taken and by whom, and the reasons for decisions.

6. Children and Their Families Should be Involved in the Recording Process

Children and their families must be routinely involved in the process of gathering and recording information about them.  They should feel they are part of the recording process.

They should be asked to provide information, express their own views and wishes, and contribute to assessments, reports and to the formulation of plans.

Generally, they must be asked to give their agreement to the sharing of information about them with others – but there are exceptions.

7. Information About Children and Their Families Should Normally be Shared With Them

Information obtained about children and their families should be shared with them unless:

• Sharing the information would be likely to result in serious harm to the child or another person
• The information was given in the expectation that it would not be disclosed or
• The information relates to a third party who expressly indicated the information should not be disclosed.

Where information is obtained and recorded which should not be shared with the child concerned for one of the above reasons, it should be placed in the

Confidential Section of the child’s file and a note of the lodging of the document, together with reasons, should be recorded. 

8. Managers Must Monitor Information Held in the Confidential Section of Records

Managers must monitor information held in the Confidential section of files, ensuring that the reason for holding it there is valid; if not, it should be shared with the child and/or moved to another section of the file. 

However, before sharing any information previously deemed to be confidential, the manager must take all reasonable steps to consult the originator and take account of their views and wishes.

9. Records Must be Legible, Signed and Dated

If possible, manual records should be typed or handwritten in black ink and all records must be signed and dated.  Those completing computerised records must show their name and the date when the recording was completed.

Any handwritten records must be produced so that readers not familiar with the handwriting of the writer can read the records quickly and easily.  It must be possible to distinguish the name and post title or status of the person completing the record.  If there is any doubt of the identity of the writer from a signature, the name should be printed.

10. Records Must be Kept up to Date

Records should be updated as information becomes available or as decisions or actions are taken as soon as practicable or, at the latest, within 24 hours.

Where records are made or updated late or after the event, the fact must be stated as a ‘Late Entry’ in the record, and the date and time of the entry must be included.

11. Records Must be Written in Plain English and Prejudice Must be Avoided

Records must be written concisely, in plain English, and must not contain any expressions that might give offence to any individual or group of people on the basis of race, culture, religion, age, disability, or sexual orientation.

Use of technical or professional terms and abbreviations must be kept to a minimum; and if there is likely to be any doubt of their meaning, they must be defined or explained.

12. Records Must be Accurate and Adequate

Care must be taken to ensure that information contained in records is relevant and accurate and is sufficient to meet legislative responsibilities and the requirements of these procedures.

Every effort must be made to ensure records are factually correct.

Records must distinguish clearly between facts, opinions, assessments, judgements and decisions.  Records must also distinguish between first hand information and information obtained from third parties.

See Section 7, Confidentiality Values and Principles

13. Managers Must Oversee, Monitor and Review Records

The overall responsibility for ensuring all records are maintained appropriately rests with managers with day to day responsibility, delegated to other staff as appropriate.

The Manager should routinely check samples of records to ensure they are up to date and maintained as required and, if not, that deficiencies are rectified as soon as practicable.

14. Records Should be Kept Securely

All records held on children must be kept securely.

Children’s files should normally be stored in a locked cabinet, or a similar manner, usually in an office which only staff/carers have access to.

Other day-to-day records, such as Contact or Daily Records, should also be kept securely in a manner authorised by the manager.

These records should not be left unattended when not in their normal location.

15. Removal of Records Must be an Exceptional Occurrence

Records should not normally be taken from the location where they are normally kept.

If it is necessary to remove a record, a manager should approve this and should stipulate or agree how long it is necessary to remove the record.  The manager must also be satisfied that adequate measures are in place to ensure the security of the record(s) whilst they are removed.

For example, records must never be left in unattended vehicles.

The authorisation for a record to be removed must be recorded and those who may have need to see the records should be informed of their removal.

The manager must then ensure the record is returned as required/agreed.

16. Records Moved to a new Location Must be Monitored

Where records are moved to a new location, the date of transfer should be clearly recorded.

The same person should check that the records have arrived at their intended destination.

17. Records Must Usually be Retained After Closure

Records must be retained for the following time scales:

Looked After Children:  75 years from the date of birth of the child or 15 years from the date of death in the case of a child who dies before the age of 18

Private Foster placements:  As for looked after children

Children subject to Supervision Orders:  10 years from the date of the expiry or discharge of the order.

Children in need:  Until the child reaches 18.

Foster Carers: 10 years from the date approval is terminated or refused or until the date of death of foster carer

In all other cases, records should be retained for one year after the last contact with the family.  There is a discretion to specify a longer period where the circumstances warrant this, for example if a person is known to be violent, records may be retained for longer to indicate the potential risk posed by such a person.

Each office and team should maintain a list of records which have been destroyed, the date when they were destroyed and by whom. 

7. Confidentiality Values and Principles

Each of the following values is summarised below.

1. Legal Duty of Confidence
2. Disclosure of Confidential Information in Exceptional Circumstances
3. Informing Children About Disclosure
4. Disclosures and Sharing Information With Colleagues and Agencies

1. Legal Duty of Confidence

Personal information held about children is subject to a legal duty of confidence and should not normally be disclosed without the consent of the subject.

The exceptions to this are set out in paragraph 2 below.

The legal framework for confidentiality is contained in common law, the Human Rights Act 1998 and the Data Protection Act 1998.

2. Disclosures of Confidential Information in Exceptional Circumstances

Whilst the general principle is that information obtained about children must be shared with them and not with others, there are exceptions.  The public interest in child protection overrides the public interest in maintaining confidentiality and the law permits the disclosure of confidential information necessary to safeguard a child or children. 

Disclosure should be justifiable in each case, for example to provide information to professionals from other agencies working with the child, and where possible and appropriate, the agreement of the person concerned should be obtained.

Those working with children must make it clear that confidentiality may not be maintained if the disclosure of information is necessary in the interests of the child.  Even in these circumstances, disclosure will be appropriate for the purpose and only to the extent necessary to achieve that purpose. 

There may also be situations where third parties have a statutory right of access to the information or where a Court Order requires that access be given.

The circumstances in which information held in records on children and families can and should be disclosed and shared with others with or without consent are set out in the following sections.

In all other cases, where third parties such as advocates, solicitors or external researchers request access to information, this should only be given if written consent is given by the person concerned.

3. Informing Children About Disclosure

Children should be informed of the circumstances in which information about them will be shared with others.  This may be provided in a User/Children’s Guide or in other ways, and it will be made clear that in each case the information passed on will only be what is relevant and on a ‘need to know’ basis.

4. Disclosures and Sharing Information With Colleagues and Agencies

Sharing information promptly with others working with the same child, or who may need to know, is invariably the key to safeguarding the child’s interests.

Therefore, relevant information about children must be shared with colleagues, other professionals or agencies who may have a role to play in their care.

However, the general principle is that information may only be shared on a ‘need to know’ basis.

For example:

• Where professionals are undertaking a Child Protection Enquiry or Complaints investigation in relation to a child.
• Where the Police are investigating a criminal offence or require information to help them find an absent, missing or absconded child.
• Where information is requested in the furtherance of an inquiry or tribunal, or for the purposes of a Part 8 Review.

In such circumstances the person to whom the information relates should be informed that records have been requested unless to do so would prejudice the purpose of the request. 

Any objections they have should be considered before responding to the person making the request.

Where information or records are passed to others it should be noted and confirmed in writing. 

Information may also be disclosed to persons who have a statutory right of access to the information, for example:

• Where the Court directs that records be produced or a Children’s Guardian is appointed.
• Where information is requested by Inspectors of the National Care Standards Commission (who have specific statutory powers that permit access to records)

Where information is requested by telephone or electronically, great care must be taken to ensure that the recipient is entitled to receive the information requested.  Where there is any doubt the information may not be provided without the approval of a Manager.

8. Consultation Values and Principles

1. General Principles of Consultation
2. Management Consultation

1. General Principles of Consultation

Everyone involved in the receipt and delivery of services should be consulted about decisions, which may children.  This includes children, their parents, other significant family members and those charged with providing the service; including managers, staff, carers and professionals or colleagues from other agencies. 

This means that people’s views should be sought and taken into account in relation to all decisions, which are likely to affect their daily life and their future.

The older and more mature the child is, the more weight can and should be given to their wishes and feelings. 

Unless there are exceptional circumstances, reasonable steps must be taken in all cases to consult the parents.  Exceptions will include where older children with an appropriate level of maturity specifically request that their parents are not consulted and a decision is made to respect their wishes.  Detailed guidance on this is set in Consents Guidance.

Consultation should take place on a regular and frequent basis with those who need to be consulted and assumptions should not be made about the inability or lack of interest of those who should be consulted.

Where people have communication difficulties of any sort, suitable means must be provided to enable them to be consulted, including arranging access to advocates or representatives who may speak on their behalf. 

Consultation should be undertaken in a creative manner.

If consultation is not possible or is restricted for whatever reason, steps should be taken to ensure those affected are informed of decisions as soon as practicable after they are made, and an explanation for the decision given, together with the opportunity to make a comment and express their views. 

If it is then felt that a different decision may have been appropriate, steps should be taken to reconsider the decision.

If decisions are made against people’s wishes, they should be informed of the decision and the reasons for the decision should be explained.  In these circumstances, the person should be informed of any rights they have to formally challenge the decision, and of the availability of the Complaints or Grievance Procedure.

2. Management Consultation

Unless otherwise stated in specific procedures in this manual, it is assumed that people working in this organisation will take reasonable steps to keep their managers informed of their actions; and will consult and seek their approval where they do not have decision making responsibility delegated to them.

In order to facilitate this, managers must ensure that effective lines of communication are established and maintained.

If procedures in this manual require that managers are informed within specified timescales or their approval is sought before actions are taken, this must be complied with unless there are exceptional circumstances which prevent it; for example, where it is necessary to act immediately to protect a child from injury. 

In which case, the most senior person should take what action seems appropriate in the circumstances and the manager must then be informed as soon as practicable thereafter, and at the latest within 24 hours. 

End