3.1.4 Child Protection Conferences |
SCOPE OF THIS CHAPTER
See flowchart:
What happens after the Child Protection Conference, including the Review Process?
See also Guidelines for Facilitating the Participation of Children in the Child Protection Process
AMENDMENTS
This chapter was amended in October 2010 to reflect the changes in Working Together to Safeguard Children (WT) 2010. The changes are shown in italics. In addition the term 'Keyworker' has been changed to Lead Social Worker throughout the chapter to reflect the change of terminology in WT 2010.
Contents
When a Child Protection Conference should be Convened
Timing of a Child Protection Conference
Enabling Parental Participation
Criteria for Excluding Parents or Restricting their Participation
Enabling Children’s Participation
Responsibilities of Person Undertaking the Child Protection Enquiry (Lead Social Worker)
Responsibilities of other Professionals
Responsibilities of the Conference Chair
Lead Social Worker Responsibilities
Complaints about Child Protection Conferences
Timescale: An Initial Child Protection Conference must be held within a maximum of 15 working days of the Strategy Discussion which decided to initiate the Section 47 Enquiry (Child Protection Enquiry). The urgency of the situation, however, may dictate that the timescale is shorter.
The aim of the conference is to enable those professionals most involved with the child and family, and the family themselves, to assess all relevant information, and plan how beset to safeguard and promote the welfare of the child who may be suffering, or to be at risk of suffering Significant Harm.
All agencies must make it a priority that staff are competent to contribute to Child Protection Conferences by:
- Sharing of information
- Assessing a child’s needs
- Preparing adequately for conferences, including the provision of reports, sometimes at short notice
- Attending when invited to conferences
Purpose
The Initial Child Protection Conference (CPC) brings together family members, the child (where appropriate), supporters/advocates and those professionals most involved with the child and family to share information and to formulate an agreed plan of management and services, with the child's safety and welfare as its paramount aim.
Within this, there are the following tasks:
- To share and analyse information in an inter-agency setting information about the family history, the child’s health, development and functioning and the parent/carer’s capacity to ensure the child’s safety and promote their well being
- To make judgements about the likelihood of Significant Harm, and to assess the level of future risk.
- To make a decision about whether the child should be the subject of a Child Protection Plan
- To nominate a Lead Social Worker, to develop, co-ordinate and implement the child protection plan
- To devise an agreed inter-agency Child Protection Plan identifying how action will be taken forward and with what intended outcomes and time-scales.
- To identify the membership of the multi agency Core Group to develop and monitor the child protection plan
- To recommend on any need to apply for a Child Assessment Order and, if such an application is made, to agree an inter-agency plan to present to the Court.
- To recommend on the need for Care Proceedings.
- To set the date for the first Core Group to take place within 10 working days of the CPC
- To set the date for the Child Protection Review Conference
When a Child Protection Conference should be Convened
An initial CPC will be the outcome of a risk assessment undertaken during the Section 47 Enquiry, itself triggered by:
- A new referral or the Initial Assessment
- Information obtained during a Core Assessment
- New information on an open case
The conference must consider all the children in the household, even if concerns are only being expressed about one child.
The Children’s Social Care Services manager responsible for making the decision to convene a Child Protection Conference and the reasons for calling the conference must be recorded.
A conference should be convened if requested by a professional, supported by a senior manager / named or designated child protection professional.
A Child Protection Conference will normally be convened under the following circumstances:
- Following a Section 47 Enquiry (Child Protection Enquiry), where it is believed that a child is suffering or is likely to suffer Significant Harm caused by any person with whom the child lives;
- A child is living in a household with Person Presenting a Risk to Children who has been convicted of an offence against a child or the person is regularly visiting household with children. See Persons Presenting a Risk to Children Procedure, List of Offences.
- A Child Assessment Order or Emergency Protection Order being made
- A child lives in, or is born to, a household in which resides another child currently on a Child Protection Plan;
- A child subject to a Child Protection Plan moving into the area, unless the other authority is to retain responsibility for the case
- There are significant changes to the circumstances of a child subject to a Child Protection Plan, placing the child at further risk of Significant Harm;
- The Core Group considers that the Child Protection Plan is not effective;
- When it is proposed that any child subject to a Child Protection Plan, who is in the care of the local authority, should return home or a child subject to care proceedings is returned home by the Court;
- Following further incident(s) of Significant Harm to a child subject to a Child Protection Plan;
- Where the risks to an unborn child may be such as to indicate the need to develop a Child Protection Plan before birth.
- A child has sexually assaulted another child or there is a risk of such an assault occurring to another child in the same household or in regular contact with the household (in which circumstances a Child Protection Conference should be held on both children);
- Where a child appears to be involved in prostitution or subject to sexual exploitation, including involvement in internet pornography.
Timing of Initial Child Protection Conference
The initial child protection conference (CPC) should take place within 15 working days of the:
- Strategy Discussion/Meeting (or, if more than one held, the Strategy Discussion/Meeting at which the Section 47 Enquiry was initiated) or
- Notification by another local authority that a child subject to a Child Protection Plan has moved into the city
The initial CPC should, where possible, be held before expiry of an Emergency Protection Order, if further legal action is planned
Where a Child Assessment Order has been made, the conference should be held immediately on conclusion of examinations and assessments
In the exceptional circumstance of complex enquiries, the initial CPC may be delayed.
Any delay must have written authorisation from the Children’s Social Care Services (Social Services) Manager (including reasons for the delay) who must ensure risks to the child are monitored and action taken to safeguard the child.
In these circumstances, the initial Child Protection Conference should take place no later than 15 working days following the last Strategy Discussion of the enquiry.
Who should Attend?
A conference should consist of the smallest number of people consistent with effective case management, but the following should normally be invited:
- The child or his and her representative - see Section 8, Enabling Child Participation
- Those with Parental Responsibility - see Section 6, Enabling Parental Participation
- The Lead Social Worker who has led the Section 47 Enquiry (Child Protection Enquiry) and his/her first line manager
- The Police
- A representative of at least one other agency
- Health services staff involved with child/ren - e.g. health visitor, school nurse, GP
- Education services (schools, education welfare officers etc.)
- Standing members (if applicable) - i.e. child protection officers for education and health
In addition, attendees may include those whose contribution relates to their professional expertise or responsibility for relevant services and should be limited to those with a need to know or who have a contribution to the task involved.
These may include:
- Legal services - if it is anticipated that legal advice required
- The relevant CAFCASS Officer where there are current court proceedings
- Professionals involved with the child (for example, health visitors, 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, specialist doctors, psychiatrists)
- Probation service
- Staff in the youth justice system
- Housing services
- Mental health (adult or child) services
- Alcohol and substance abuse services
- Police Domestic Violence Officers
- Any professional or service provider involved with the children or adults in the family, including foster carers and early years staff
- Any other relevant professional or service provider
- Supporter (including advocate), friend or solicitor (as supporters for the child and parent/carers
A professional observer can only attend with the prior consent of the chair and the family and must not take part in discussions or decision-making.
Representatives should confer with their colleagues beforehand and bring sufficient copies of legible and signed reports to ensure that relevant information is shared at the conference.
Professionals who are invited but unable to attend for unavoidable reasons should:
- Arrange wherever possible for a substitute from their agency to attend
- Inform the conference administrator at the earliest opportunity, at least one working day in advance
- Submit a written report
The time of day at which a conference is convened should be determined so as to facilitate attendance.
Agencies are expected to share information about the child and family members, relevant to the core assessment of the child’s situation.
Quorate Conferences
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.
Normally, minimum representation is the social worker, the Police and at least one other agency who has had direct contact with the child and family.
Where a conference is inquorate it should not ordinarily proceed and in such circumstances the chair must ensure that either:
- An interim protection plan is produced or
- The existing plan is reviewed with the professionals and family members that do attend, so as to safeguard the welfare of the child/ren
- Another conference date must be set immediately
- In exceptional circumstances the chair may decide to proceed with the conference despite lack of agency representation. This would be relevant where:
- Child has not had relevant contact with 3 agencies – e.g. pre-birth conferences
- Where sufficient information is available and
- A delay will be detrimental to the child
Where an inquorate conference is held, a review conference should be arranged within 3 months.
Pre-Birth Conferences
Where agencies or individuals anticipate that prospective parents may need support services to care for their baby, or that the baby may be at risk of Significant Harm, a referral to Children’s Social Care Services must be made as soon as the concerns are recognised.
Where concerns centre around a category of parenting behaviour e.g. substance misuse, the referrer must make clear how this is likely to impact on the baby and what risks are predicted.
Delays must be avoided when making referrals in order to:
- Provide sufficient time to make adequate plans for the babies protection
- Provide sufficient time for a full and informed assessment
- Avoid initial approaches to parents in the last stages of pregnancy, at what is already an emotionally charged time.
- Enable parents to have more time to contribute their own ideas and solutions to concerns and increase the likelihood of a positive outcome to assessments
- Enable the early provision of support service so as to facilitate optimum home circumstances prior to the birth
A pre-birth Initial Assessment should be undertaken on all pre-birth referrals and a Strategy Discussion/Meeting held where:
- There has been a previous unexplained death of a child whilst in the care of either parent
- A parent or other adult in the household is a Risky Adult
- A sibling in the household is subject to a Child Protection Plan
- A sibling has previously been removed from the household either temporarily or by court order
- Domestic violence is known to have occurred
- The degree of parental substance misuse is likely to significantly impact on the babies safety or development
- The degree of parental mental illness/impairment is likely to significantly impact on the babies safety or development
- There are concerns about parental ability to self care and/or to care for the child e.g. unsupported young or learning disabled mother
- Any other concern exists that the baby may be at risk of Significant Harm, including a parent previously suspected or fabricating or inducing illness in a child.
Strategy Meeting
The meeting should be chaired by a Social Care Manager, within 7 working days of referral and involve all agencies with relevant information, including the midwifery service. Where required, a legal adviser should be invited. The expected date of delivery will determine the urgency for the meeting.
The meeting must consider:
- Whether a Section 47 Enquiry (Child Protection Enquiry) is required
- Whether a pre-birth Core Assessment is required
- What areas are to be considered for assessment
- Who needs to be involved in the process
- How and when the parent/s are to be informed of the concerns
- Required action by ward staff when the baby is born
The assessment plan must be consistent with standards required for possible court proceedings. The parents should be informed as soon as possible of the concerns and the need for assessment, except on the rare occasions when medical guidance advice suggests this may be harmful to the health of the unborn baby and/or mother.
The Section 47 Enquiry (Child Protection Enquiry) must identify:
- Risk Factors
- Strengths in the family environment
- Factors likely to change and why
- Factors that might change, how and why
- Factors that will not change and why
A concluding risk assessment must make recommendations regarding the need, or not, for a pre-birth Child Protection Conference.
Pre-birth conferences should always be convened where there is a need to consider if a multi-agency Child Protection Plan is required.
Pre-birth conference is an Initial Child Protection Conference concerning an unborn child. Such a conference has the same status and purpose and must be conducted in a comparable manner to an Initial Child Protection Conference.
This decision will usually follow from a pre-birth Core Assessment and a conference should be held:
- Where a pre-birth assessment gives rise to concerns that an unborn child may be at risk of Significant Harm
- A previous child has died or been removed from parent/s as a result of Significant Harm
- Where a child is to be born into a family or household which already have children subject to Child Protection Plans
- A person posing a risk to children resides in the household or is known to be a regular visitor
- Other risk factors to be considered are:
- The impact of parental risk factors such as mental ill-health, learning disabilities, substance misuse and domestic violence
- A mother under sixteen about whom there are concerns regarding her ability to self care and/or to care for the child
All agencies involved with pregnant women should consider the need for an early referral to Children’s Social Care Services (Social Services) so that assessments are undertaken and family support services provided as early as possible in the pregnancy.
Timing of Conferences
Pre-birth conference should take place at least 4 weeks before the due date of delivery, so as to allow as much time as possible for planning support for the baby and family.
Where there is a known likelihood of a premature birth, the conference should be held earlier.
Attendance
The key agencies involved in the delivery of the child must attend the Child Protection Conference.
In addition to those who normally attend an initial child protection conference midwifery, relevant neo-natal and Sure Start services must be invited.
Parents or carers should be invited as they would be to other child protection conferences and should be fully involved in plans for the child’s future.
Pre-Birth Child Protection Plan
If a decision is made that the unborn child should be made subject of a Child Protection Plan, the conference should determine the category of concern and outline a Child Protection Plan to commence prior to the birth of the baby.
The Core Group must be established and meet if at all possible prior to the birth, and certainly prior to the babies return home after a hospital birth.
Timing of Review Conference
The first review conference should take place within one month of the child’s birth or within 3 months of the date of the pre-birth conference, whichever is sooner.
The relevant Children’s Social Care Services undertaking or commissioning a post-natal assessment should ensure that the assessment is structured in such a way as to provide a comprehensive report to the review child protection conference.
In exceptional circumstances, the review conference date may be extended by a month with the written authorisation of the Children’s Social Care manager and the Reviewing Officer. If the review falls so soon after the birth that information from a post-natal assessment cannot be collated in time for the review conference.
Involving Families
A recommended approach for working in partnership with service users is set out in ‘The Challenge of Partnership in Child Protection’ and reproduced in ‘Working Together to Safeguard Children’ (page 76) as follows:
- Treat all family members with dignity and respect and offer a caring and courteous service
- Ensure family members know the child’s safety and welfare has priority
- Minimise infringement of privacy consistent with protecting the child
- Be clear about powers and purpose of any intervention
- Be aware of the impact on the family of professional actions
- Respect confidentiality and pass on information / observations about the family only with permission or to protect the child
- Listen to and try to understand the concerns, wishes and feelings of child and family before formulating explanations and plans
- Learn about the child’s religious, cultural, community and familial context
- Consider strengths, potential and limitations of family members
- Ensure all family members know their responsibilities and rights with respect to receipt or refusal of services and its consequences
- Use simple jargon-free language appropriate to age and culture of each individual
- Be open and honest about concerns and professionals’ responsibilities, plans and limitations
- Allow individuals time to absorb professional concerns and processes
- Distinguish between personal feelings, values, prejudices and beliefs, and professional roles and responsibilities and seek and use supervision to check achievement of this
- Always acknowledge errors, failures or oversights and the distress caused to families
Explicit consideration should be given to the potential of conflict between family members and possible need for children or adults to speak without other family members present.
Enabling Parental Participation
All persons with parental responsibility and carers must be invited to conferences (unless exclusion is justified as described below). Parents will be encouraged to contribute to conferences; usually by attending, unless it is likely to prejudice the welfare of the child.
See Criteria for Excluding Parents or Restricting their Participation
Role of the Social worker
The social worker must facilitate parent/carers constructive involvement by ensuring in advance of the conference that they are given sufficient information and practical support to make a meaningful contribution.
Invitations for the parent(s) to attend the conference should be conveyed by the person undertaking the Section 47 Enquiry (Child Protection Enquiry), and confirmed in writing.
The social worker must explain to parents/carers the purpose of the meeting, who will attend, the way in which it will operate, the purpose and meaning of the Child Protection Plan and the complaints process.
Preparation should include whether they need assistance resulting from any disability, with transport or child care arrangements to enable the attendance of parent/s.
Written information should be left with the family regarding conferences, the right to bring a friend, supporter (including an advocate) or solicitor (in role of supporter), details of any local advice and advocacy services and the conference complaints procedure.
The role of the supporter is to enable the parent/carer to put her/his point of view, not to take an adversarial position or cross-examine participants.
Those for whom English is not a first language must be offered and provided with an interpreter, if required.
Provision should be made to ensure that visually or hearing impaired or otherwise disabled parents/carers are enabled to participate.
A family member should not be expected to act as an interpreter of spoken or signed language (utilise independent interpreters, signers or others with special communication skills).
Parent(s) should be given a copy of the information leaflet about the role and purpose of the conference.
Immediately prior to the conference, the chair should meet with any family members to ensure they understand the process. This may, where the potential for conflict exists, involve separate meetings with the different parties.
Where a parent / carer attends only part of a conference as a result of exclusion, s/he will receive the record of the conference. The chair should decide if the entire record is provided or only that part attended by the excluded parent/carer.
If parents and/or children do not wish to attend the conference they must be provided with full opportunities to contribute their views. The social worker must facilitate this by:
- The use of an advocate or supporter to attend on behalf of the parent or child
- Enabling the child or parent to write, or tape, or use drawings to represent their views
- Meeting the Chair prior to conference
- Agreeing that the social worker, or any other professional, expresses their views
Criteria for Excluding Parents or Restricting their Participation
In circumstances where it may be necessary to exclude one or more family members from part or all of a conference, the request to exclude or restrict a parents participation should be discussed with the chair and confirmed in writing, if possible at least 3 working days in advance.
The agency concerned must indicate which of the grounds it believes is met and the information or evidence the request is based on. The chair must consider the representation carefully and may need legal advice.
Before making a decision, the chair should obtain and consider the views of all professionals invited.
The chair should make a decision according to the following criteria:
- Indications that the presence of the parent may seriously prejudice the welfare of the child
- It is necessary to present information to the conference which, if shared with certain family members, might increase the risk to the child
- Attendance by a known, alleged or suspected perpetrator may threaten or otherwise place the child at risk
- Sufficient evidence that a parent/carer may behave in such a way as to interfere seriously with the work of the conference such as violence, threats of violence, racist, or other forms of discriminatory or oppressive behaviour or being in an unfit state e.g. through drug, alcohol consumption or acute mental health difficulty (but in their absence a friend or advocate may represent them at the conference)
- A child requests that the parent/ person with Parental Responsibility or carer are not present while s/he is present
- The presence of parents would prevent a participant from making her/his proper contribution
- The need (agreed in advance with the conference chair) for members to receive confidential information that would otherwise be unavailable, such as legal advice or information about a criminal investigation
- Conflicts between different family members who may not be able to attend at the same time e.g. in situations of domestic violence
- Their presence may prejudice any legal proceedings or Police investigation
- There is a serious threat of violence toward any person at the conference
If, in planning a conference, it becomes clear to the chair that there may be conflict of interests between the children and parents, the conference should be planned so that the welfare of the child can remain paramount.
This may mean arranging for the child and parents to participate in separate parts of the conference and make separate waiting arrangements.
It may also become clear in the course of a conference, that its effectiveness will be seriously impaired by the presence of the parent/s. In these circumstances, the chair may ask them to leave.
Where a parent is on bail, or subject to an active police investigation, it is the responsibility of the chair to ensure that the police can fully present their information and views and also that the parents participate as fully as circumstances allow.
Any exclusion period should be for the minimum duration necessary and must be clearly recorded in the conference minutes.
The decision of the chair over matters of exclusion is final regarding both parents and the child/ren.
If the chair makes a decision to exclude or restrict the participation of a parent, the decision should be communicated in writing to the following people:
- The person making the request
- All other professionals invited to the meeting
- The parent concerned – unless a decision is made that they should not be informed at all of the conference.
If a decision is taken to inform the parent of the conference but not to invite them, all reasonable steps will be taken to obtain their views and wishes. This will include help to prepare their own written statements or contributions.
The letter must be signed by the chair and set out
- The reason for exclusion or restriction
- Any other methods parents have open to them to ensure their views and wishes are considered
- How they will be told the outcome of the conference
- The complaints procedure
Those excluded should be provided with a copy of the social workers report to the conference and be provided with the opportunity to have their views recorded and presented to the conference.
If a decision to exclude a parent is made, this must be fully recorded in the minutes. Exclusion at one conference is not reason enough in itself for exclusion at further conferences.
On rare occasions, e.g. where organised abuse is suspected, it may be appropriate to convene a conference without informing parents.
Parents may be informed but not invited to attend a conference where the chair is satisfied the attendance of the parents may prevent a proper consideration of the child’s needs or may threaten or otherwise place the child at risk of Significant Harm.
Enabling Children’s Participation
See also Guidelines for Facilitating the Participation of Children in Child Protection Conferences.
The child must be kept informed and involved throughout the Section 47 Enquiry (Child Protection Enquiry) and, if their age and level of understanding is sufficient, should be invited to contribute to the Child Protection Conference; which can include attendance. In practice, the appropriateness of including an individual child must be assessed in advance and relevant arrangements made to facilitate attendance at all or part of the conference.
A decision about whether to invite the child should be made by the person undertaking the Section 47 Enquiry (Child Protection Enquiry), their manager and the conference chair.
In making this decision the views of the parents and of professionals who know the child should be taken into consideration.
Indirect participation
If it is agreed that the child should not attend or to restrict participation, every effort should be made by the person undertaking the Section 47 Enquiry (Child Protection Enquiry) to obtain and present the views and wishes of the child, which can include:
- A written submission by letter, a picture, an audio or video tape.
- An advocate or other professional speaking on their behalf (for example, an advocate of the child or a person with specialist skills or knowledge).
- The child meeting the chair before the conference to share their views.
- The child attending to observe rather than to contribute him or herself.
Direct participation
In advance of the conference, the chair and social worker should agree whether: The child attends for all or part of the conference, taking into account confidentiality of parents and/or siblings.
Prior to the conference, the child should be provided with information on the purpose of the conference, who will be there, and the venue.
The child or young person should visit the venue and meet the chair beforehand wherever possible.
If the child attends all or part of the conference, it is essential that s/he is prepared by the social worker or independent advocate, who can help her/him prepare a report or rehearse any particular points that the child wishes to make.
Those for whom English is not a first language should be offered, and provided with, an interpreter.
Provision should be made to ensure that a child who has any form of disability is enabled to participate.
Consideration should be given to enabling the child to be accompanied by a supporter or an advocate.
The person undertaking the Section 47 Enquiry (Child Protection Enquiry) should also gain permission from the child’s school for the child to attend.
Whatever arrangements are necessary should be co-ordinated by the person undertaking the enquiry in consultation with the chair of the conference.
Criteria for Presence of Child at Conference
The key considerations are:
- Does the child have sufficient understanding of the process?
- Has s/he expressed an explicit or implicit wish to be involved?
- What are the parents’ views about the child’s proposed presence?
- Is inclusion assessed to be of benefit to the child?
The test of ‘sufficient understanding’, is partly a function of age and partly the child’s capacity to understand.
In order to establish her/his wish with respect to attendance the child must be first provided with a full and clear explanation of purpose, conduct, membership of the conference and potential provision of an advocate or support person.
Written information translated into the appropriate language should be provided to those able to read and an alternative medium e.g. tape, offered those who cannot read.
A declared wish not to attend a conference (having been given such an explanation) must be respected.
Consideration should be given to the views of and impact on parent/s of their child’s proposed attendance.
Consideration must be given to the impact of the conference on the child e.g. if they have a significant learning difficulty or where it will be impossible to ensure they are kept apart from a parent who may be hostile and/or attribute responsibility onto them.
In such cases, energy and resources should be directed toward ensuring that by means of an advocate and/or preparatory work by a social worker, the child’s wishes and feelings are effectively represented (see below).
Convening the Conference
The Safeguarding Children Service (SCS) will advise on timing of conferences.
Initial conferences must be convened within a maximum of 15 working days of the Strategy Discussion decision to initiate a Section 47 Enquiry (Child Protection Enquiry).
In consultation with the person requesting the conference SCS will be responsible for:
- Agreeing the date and time of the conference
- Inviting professional representatives
- Ensuring that all participants are informed whether or not the parents have been invited and that they are clear about their responsibilities
- Consulting with the chair where there has been a request to exclude or limit the participation of parents or children
- Collating and presenting to the chair relevant written contributions
- Making any necessary arrangements in conjunction with the Lead Social Worker e.g. for trained interpreters to attend.
Responsibilities of the Person Undertaking the Child Protection Enquiry (Lead Social Worker)
The person undertaking the Section 47 Enquiry (Child Protection Enquiry) (Lead Social Worker) is responsible for the following:
- Considering as described above the participation of parents and children in the conference
- Inviting the child if appropriate.
- Inviting the parent(s) unless a decision is reached to exclude them.
- Informing the child and parent(s) about the role, purpose and process of the conference unless a decision is reached not to inform them. This information should include an explanation of who will be there and why. Parents should be helped to understand their own responsibilities and rights, including the fact that they may wish to invite a supporter who may be their solicitor.
Parent(s) and children should be given a copy of the relevant information leaflet about the role and purpose of the conference.
They should be provided with support and advice to help them prepare for, and contribute to the conference.
If the child or parents are not invited or do not wish to attend, they should be encouraged to present their contributions in writing or in another form and assisted to do so.
- Establishing whether an interpreter is required and briefing the interpreter as necessary, or whether parent(s) or children need assistance, for example, with transport or child care arrangements.
- Completing the Section 47 Enquiry (Child Protection Enquiry), preparing and presenting a written report of their findings to the conference.
Reports to Conference
The Lead Social Worker should provide to the conference a typed, signed and dated written report which must be endorsed and counter signed by their manager ensuring that the social worker is clear about their role within the conference, and the extent to which they have authority to make decisions on behalf of their agency.
The report should include:
- The dates when the child was seen by the Lead Social Worker, during the Section 47 Enquiry, if the child was seen alone and if not, who was present and for what reason.
- The concerns leading to the decision to initiate child protection enquiries, the dates of Strategy Meetings, agency consultation and the outcome of the investigation;
- Information on the child's current and past state of 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 wider family and environmental context;
- The expressed views, wishes and feelings of the child, parents and other family members;
- An analysis of the information gathered and recorded using the Assessment Framework dimensions to reach a judgement on whether the child is suffering, or likely to suffer, Significant Harm and consider how best to meet his or her developmental needs. This analysis should address:
- How the child's strengths and difficulties are impacting on each other;
- How the parenting strengths and difficulties are affecting each other;
- How the family and environmental factors are affecting each other;
- How the parenting that is provided for the child is affecting the child's health and development both in terms of resilience and protective factors, and vulnerability and risk factors; and
- How the family and environmental factors are impacting on parenting and/or the child directly; and
- The Local Authority's recommendation to the conference
- Be clear about which children are the subjects of the conference (previously decided by the social worker and her/his manager);
- Even if not the subject of the conference, all children in the household need to be considered and information must be provided on each of them;
- Completion of the Signs of Safety risk assessment tool.
The report must be shared in person with the child and parents beforehand, giving them adequate time to consider its wording and implications.
Comments or suggestions made by the child/parents as a result of seeing the report must be included or conveyed verbally to the conference.
The report should be provided to parents and older children (to the extent that it is believed to be in their interests) at least 2 working days in advance of initial conferences and 5 working days before review conferences to enable any factual inaccuracies to be identified, amended and areas of disagreement noted.
In exceptional circumstances where confidential information cannot be shared with the child or parent(s) beforehand, they should seek guidance from their manager, who may wish to consult the conference chair.
Where necessary, the reports should be translated into the relevant language or medium, taking account of the language and any sensory or learning difficulties of the child/parents.
The report should be provided to the chair at least 2 working days prior to the initial conference and 5 working days in advance of the review conference.
Responsibilities of other Professionals
All agencies should have a pro forma for reports to conference.
This should be in the form of a written, legible and signed report available to the conference chair, where possible, 2 working days in advance of the conference.
Where any agency representatives are unable to attend the conference they must ensure that a written report is made available to the conference, through the chair, or that a colleague attend in their place.
The reports must make it clear which child/ren are the subject of the conference, but address any known circumstances of all children in the household.
Include details of the agencies involvement with the child and family, and information concerning their knowledge of the child’s developmental needs, and the capacity of the parents to meet the needs of their child within their family and environmental context.
For agencies in contact with the family, the reports should be shared before the conference, in the same way as described for social workers.
The reports will be attached to, or subsumed within the minutes, for circulation.
Those attending the conference should be invited because they have a significant contribution to make, arising from professional expertise and/or knowledge of the child and/or family.
All participants are responsible for the following:
- It is the responsibility of all the agencies who have participated in the enquiry or who have relevant information to make this available to the conference;
- Confirming their attendance with the Safeguarding Children Service or informing them if they are unable to attend;
- Ensuring that information to be presented by them at conference is known to, and if possible shared with, the child and parents beforehand;
- In exceptional circumstances where confidential information cannot be shared with the child or parent(s) beforehand, they should seek guidance from their manager, who may wish to consult the conference chair;
- Ensuring that information is communicated/translated in the most appropriate way taking account of the language and any sensory or learning difficulties of the child or parents;
- Ensuring that they are clear about their role within the conference and the extent to which they have authority to make decisions on behalf of their agency.
Information from Children and Families
Children and family members should be helped in advance to consider what they wish to convey to the conference, how they wish to do so and what help and support they will require e.g. they may choose to communicate in writing, by tape or with the help of an advocate.
Families may need to be reminded that submissions need to be sufficiently succinct to allow proper consideration within the time constraints of the CPC.
All those providing information should take care to distinguish between fact, observation, allegation and opinion
Responsibilities of the Conference Chair
See Appendix 9, Conference Agenda
See note re Child Protection Register at start of Chapter.
The chair of a Child Protection Conference will be an independent chair who has no operational or line management responsibility for the case.
The conference chair must ensure that at least three agencies are represented at the conference unless agreed otherwise.
Before the conference begins the chair must meet the parents, social worker and child, if they have attended, to ensure that they understand the purpose, how it will be conducted and where necessary, interpreters, etc. should be made available to facilitate family participation.
The chair is responsible for ensuring that conferences are conducted in an anti-discriminatory manner, ensuring that everyone uses unambiguous language.
At the start of the conference the chair will:
- Set out the purpose of the conference
- Confirm the agenda
- Emphasise the need for confidentiality
- Address equal opportunities issues e.g. specifying that racist, homophobic and threatening behaviour will not be tolerated
- Clarify the contributions of those present, including supporters/Advocates of the family and absent contributors.
If the parent(s) or the child brings a friend/supporter, the chair will need to clarify their role, ensuring that any solicitor who attends in this role is clear that they may support parent(s), clarify information but may not cross-examine any contributor.
During the conference the chair will ensure
- Parents have been given a reasonable opportunity to:
- Understand the purpose of the meeting and the role of all agencies involved in the protection of their children
- Respond to and challenge any suspicions, allegations or the opinions expressed by other participants
- Contribute as fully as possible to the investigative, assessment and planning process
- Play a part in helping to safeguard and promote their children’s welfare
- The conference maintains a focus on the welfare of the child/ren and consideration is given to all the children in the household.
- All those present, including the subject child/ren and parents, have been given appropriate opportunities to make a full contribution and that full consideration is given to the information they present.
- Information from the reports of those not present are made known to the Conference.
- The wishes and feelings of the child/ren are clearly outlined.
- Needs arising from the child’s gender and any disabilities, as well as those arising from the child’s racial, cultural, linguistic or religious background, are fully considered and accounted for when making decisions or developing plans.
- Appropriate arrangements are made to receive third party confidential information.
- Appropriate arrangements are made for those attending only part of the conference.
- The conference reaches decisions in an informed and systematic and explicit way.
- Consideration is given to the issue of criminal injury compensation, if appropriate (see Criminal Injuries Compensation).
- All concerned are advised/reminded of the complaints procedure.
- Ensure that arrangements are made with the children’s social worker for absent child/ren and/or parents to be informed of the decisions of conferences.
The Decision Making Process
In their decision-making, the participants of the conference must take into account all the available evidence obtained through existing records, the Initial Assessment, the Core Assessment undertaken following the initiation of a Section 47 Enquiry and written and verbal contributions in the conference.
The chair must ensure that the conference systematically elicits and records the views of each agency present or invited and the views of the parents and the child/ren, as appropriate. The decision should be reached through discussion of these views and any dissent should be recorded in the conference minutes.
The questions to ask as part of the decision-making process are: Has the child suffered Significant Harm? And is the child likely to suffer Significant Harm? The test for the likelihood of the child suffering Significant Harm in the future should either be:
- The child is shown to have suffered ill-treatment or impairment of health or development as a result of Physical Abuse, Emotional Abuse or Sexual Abuse or Neglect, and a professional judgement is that further ill-treatment or impairment are likely; or
- Professional judgement, substantiated by finding 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 Abuse, Emotional Abuse or Sexual Abuse or Neglect.
Where a child has suffered, or is likely to suffer, Significant Harm in the future it is the Local Authority's duty to consider the evidence and decide what, if any legal action to take. The information presented to the Child Protection Conference should inform that decision-making process but it is for the local authority to consider whether it should initiate, for example Care Proceedings. Where a child who is the subject of a Child Protection Plan becomes Looked After, the Child Protection Plan should form part of the child's Care Plan.
If parents disagree with the decision, the chair must discuss the issue with them and explain their right to and the process for challenge.
Categories Of Abuse
If the decision is that the child is at continuing risk of Significant Harm and in need of a Child Protection Plan, Working Together to Safeguard Children 2010 (paragraph 5.101) states "the chair should determine under which category of abuse the child has suffered or is at risk of suffering. The category used Physical Abuse, Sexual Abuse, Emotional Abuse or Neglect) will indicate to those consulting the social care record the primary presenting concerns at the time the child/ren became subject of a Child Protection Plan."
The need for a Child Protection Plan should be considered separately in respect of each child in the family or household.
Where a pre-birth conference has decided that an unborn child is in need of a Child Protection Plan, her/his name and expected date of birth will be placed on the local authority's IT System immediately and their name and date of birth confirmed at birth.
Where a decision is reached that a child is in need of a Child Protection Plan, the chair must ensure that:
- The criteria for the child becoming subject to a Child Protection Plan are met and the category is agreed
- A qualified children's social worker is appointed as the Lead Social Worker to develop, co-ordinate and implement the Child Protection Plan (if this is not possible, the relevant team manager should be the point of contact)
- A Child Protection Plan is outlined and clearly understood by all concerned including the parents and where appropriate the child
- It is established how children, parents (including those with Parental Responsibility) and wider family members should be involved in ongoing assessment, planning and implementation process, and the support, advice and advocacy available to them
- The membership of a inter-agency Core Group of professionals and family members is identified, who will develop, implement AND progress the Child Protection Plan as a detailed working tool
- An outline is identified of what further action is required to complete 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
- A contingency plan is in place if agreed actions are not completed and/or circumstances change, for example if a caregiver fails to achieve what has been agreed, a court application is not successful or a parent removes the child from a place of safety
- The parents and child know the name of the Lead Social Worker and Core Group members
- Advice is given to parent(s) and child(ren) of their right to invoke complaints procedures and their right of appeal against any decision to make the child subject of a Child Protection Plan.
- A summary of e the decisions and recommendations of the conference is made
- A date is set for the first Core Group meeting within 10 working days of the initial conference and timescales set for subsequent meetings
- The date for the Child Protection Review Conference is set, and it is clarified under what circumstances it might be necessary to convene the conference before that date.
If a child is not the subject of a Child Protection Plan
If the conference determines the child does not need the specific support of a Child Protection Plan but the child is in need of support and services to promote her/his health or development, the chair must ensure that the conference considers the child’s needs and what further help would assist the family in responding to them. A Child In Need Plan should be drawn up and make appropriate recommendations to:
- Continue the Core Assessment to help determine the support required
- Make recommendations about support and help
- Establish commitment to inter-agency working, particularly where the child’s needs are complex (this should involve a child in need plan, regularly reviewed)
- The plan should be reviewed in a multi-agency setting at regular intervals of no more than every 3 months
The chair will then forward a letter to the parents and child(ren) confirming the decisions and recommendations of the conference.
Administrative arrangements and record keeping for Child Protection Conferences
Safeguarding Children Services are responsible for administering the Child Protection Conferences.
The record of the conference is a crucial working document for all relevant professionals and the family.
All initial and review conferences should be minuted by a dedicated person whose sole task within the conference is to provide a written record of proceedings in a consistent format.
Conference minutes should include:
- Name, date of birth and address of the subject/s of the case conference, parents/carers and other adults in the household
- Who was invited, who attended the conference and who submitted their apologies
- A list of written reports available to conference and whether open to parents or not
- The purpose of the conference
- All the essential facts of the case
- Opinions of conference members, clearly identified as such
- Views of child
- Views of parents/carers
- A summary of discussion at the conference, which accurately reflects the contributions made
- Any dissenting views and those holding dissenting views.
- All decisions reached, with information outlining the reasons for those decisions
- An outline or revised child protection plan enabling everyone to be clear about their tasks
- Name of Lead Social Worker
- Members of the Core Group and date of first meeting
- Date of next conference
The minutes, signed by the conference chair, will be sent to all those who attended, or were invited.
Any amendment should be received within 5 working days of receipt of minutes.
Copies of the minutes should be given to the parents by the social worker.
Confidential material may be excluded from the parent/s’ copy and this will be clearly identified as records with “Closed Access” in the record of the minutes. Where a friend, supporter or solicitor has been involved the chair should clarify with the parent whether minutes should be provided for those individuals.
Where a young person has attended a Child Protection Conference, the social worker must arrange to see her/him and arrange to discuss relevant sections of the minutes.
Consideration should be given to whether a young person should be given copies of the minutes. They may be supplied to a young persons legal representative on request.
Where parents and/or the child/ren have a sensory disability or where English is not their first language, steps must be taken to ensure that they can understand and make full use of the minutes.
Conference minutes are confidential and should not be passed to third parties without the consent of either the conference chair or order of the court.
In cases of criminal proceedings, the police may reveal the existence of the notes to CPS in accordance with the Criminal Procedures and Investigations Act 1996. In care proceedings, the record of the conference may be revealed in court.
The recipient agencies and professionals should retain the record of the child protection conference in accordance with their record retention policy
Decision Letter
The decision letter should be dispatched by the Chair to the Lead Social Worker and other participants within 1 working day of the conference. This gives details of whether the child/ren was made subject to a Child Protection Plan, the name of the Lead Social Worker and the recommendations of the conference. The Lead Social Worker must ensure that the letter to the parents/carers is delivered to them within 5 working days.
Lead Social Worker Responsibilities
For detail about the role and responsibilities of the Lead Social Worker, see Core Group Responsibilities Procedure.
Once a decision is taken that a child should be subject of a Child Protection Plan one of the primary tasks of the chair is to ensure that a Lead Social Worker is identified for each child; who will normally be a qualified Social Worker until a Lead Social Worker is identified.
The Lead Social Worker is the person designated to co-ordinate inter-agency activity under the Child Protection Plan.
The primary role of the Lead Social Worker is to ensure that agencies fulfil their responsibilities to the child which include the co-ordination and formulation in writing of the agreed Child Protection Plan for the child.
Child Protection Plan
The Initial Child Protection Conference is responsible for agreeing an outline Child Protection Plan. Professionals and parents/caregivers should develop the details of the plan in the Core Group.
The plan should:
- Describe the identified developmental needs of the child, and what therapeutic services are required;
- Include specific, achievable, child-focused outcomes intended to safeguard and promote the welfare of the child;
- Include realistic strategies and specific actions to achieve the plan;
- Include a contingency plan to be followed if circumstances change significantly and require prompt action;
- Clearly identify roles and responsibilities of professionals and family members, including the nature and frequency of contact by professionals with children and family members;
- Lay down points at which progress will be reviewed, and the means by which progress will be judged;
- Set out clearly the roles and responsibilities of those professionals with routine contact with the child, for example, health visitors, GPs and teachers, as well as those professionals providing specialist or targeted support to the child and family;
- Identify further core and specialist assessments of the child and family that may be required to ensure sound judgements can be made on how best to safeguard the child and promote her/his welfare.
Complaints about Child Protection Conferences
See Inter-Agency Protocol for responding to Complaints about Child Protection Conferences.
See Flowchart: What happens after the Child Protection Conference, including the Review Process?
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