3.1.5 Children Subject to a Child Protection Plan (previously Child Protection Register) |
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
Purpose of the Child Protection Plan
The Process of Making a Child Subject to a Child Protection Plan
Initiating a Child Protection Plan Criteria
Categories of Abuse for Child becoming Subject to a Child Protection Plan
Discontinuing the Child Protection Plan
Recording that a Child is the Subject of a Child Protection Plan
Informing Parents and Children
Providing Information about a Child
Complaints against a Child being subject to a Child Protection Plan
Arrangements for the Management of Children Subject to a Child Protection
Plan moving across Local Authority Boundaries
Purpose of the Child Protection Plan
A child being subject to a Child Protection Plan is an agreed expression of multi-disciplinary concern about a child, and will result in the implementation of an agreed Child Protection Plan.
The purposes:
- To provide detailed readily available information about children who are known or suspected to have suffered Significant Harm.
- To aid the identification of a sequence of repeated injuries or events which might not otherwise be seen as a pattern
- To include when and in what situations the child will be seen by the Lead Social Worker, both alone and with other family members or caregivers present.
- To aid effective and speedy communication and co-operation between agencies
- To provide a basis for regular monitoring and reviewing of Child Protection Plans
- To provide statistical data about the extent and nature of the problem, in order to identify practice and resource implications.
The Process of Making a Child Subject to a Child Protection Plan
A child will become the subject of a Child Protection Plan after a decision to do so has been taken at a Child Protection Conference.
An exception to this rule will be when a child who is subject to a Child Protection Plan in another area moves to live in Coventry. Under these circumstances, the child’s name will be placed onto the Local Authorities Social Care IT System immediately until a “Receiving in Conference” can be held.
Only children meeting the criteria set out below shall be subject to a Child Protection Plan where the conference has agreed that it is necessary.
Initiating a Child Protection Plan Criteria
Before a child is subject to a Child Protection Plan, the Child Protection Conference must decide that the child is at continuing risk of Significant Harm leading to the need for a Child Protection Plan.
The conference must consider the following question:
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 be either that:
- 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 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.
If the child is at continuing risk of Significant Harm, it will therefore be the case that safeguarding the child requires inter-agency help and intervention delivered through a Child Protection Plan.
If a decision is taken that the child is at continuing risk of significant harm and is in need of a Child Protection Plan the chairperson should determine the relevant category of abuse or neglect the child has suffered or is at risk of suffering.
Categories of Abuse for Child Becoming Subject of a Child Protection Plan
See Significant Harm and Recognition of Abuse Procedure
Having decided that the criteria are met, the chair of the conference must ensure the category of abuse is determined.
The categories are:
- Neglect: Neglect is a form of Significant Harm which involves the persistent failure to meet a child's basic physical and/or psychological needs, likely to result in the serious impairment of the child's health or development.
Neglect may occur during pregnancy as a result of maternal substance abuse .Once a child is born, neglect may involve a parent or carer failing to provide adequate food and clothing, shelter including exclusion from home or abandonment, failing to protect a child from physical and emotional harm or danger, failure to ensure adequate supervision including the use of inadequate care-takers, or the failure to ensure access to appropriate medical care or treatment. It may also include neglect of, or unresponsiveness to, a child;s basic emotional needs. - Physical abuse: Physical Abuse is a form of Significant Harm which may involve including hitting, shaking, throwing, poisoning, burning or scalding, drowning, suffocating or otherwise causing physical harm to a child. Physical harm may also be caused when a parent fabricates the symptoms of, or deliberately induces illness of a child
- Sexual Abuse: Sexual abuse is a form of Significant Harm which involves forcing or enticing a child or young person to take part in sexual activities, not necessarily involving a high level of violence, whether or not the child is aware of what is happening. The activities may involve physical contact, including assault by penetration (for example rape or oral sex) or non-penetrative acts such as masturbation, kissing, rubbing and touching outside of clothing.. They may also include non-contact activities, such as involving children in looking at, or in the production of, sexual images, watching sexual activities, encouraging children to behave in sexually inappropriate ways, or grooming a child in preparation for abuse (including via the Internet). Sexual abuse is not solely perpetrated by adult males. Women can also commit acts of sexual abuse, as can other children.
- Emotional abuse:
Emotional abuse is a form of Significant Harm which involves the persistent emotional maltreatment of a child such as to cause severe and persistent adverse affects on the child's emotional development.
It may involve conveying to children that they are worthless or unloved, inadequate, or valued only insofar as they meet the needs of another person. It may include not giving the child opportunities to express their views, deliberately silencing them or "making fun" of what they say or how they communicate. It may feature age or developmentally inappropriate expectations being imposed on children.
These may include interactions that are beyond the child's capability, as well as overprotection and limitation of exploration and learning, or preventing the child participating in normal social interaction. It may involve seeing or hearing the ill-treatment of another. I t may involve serious bullying (includes cyberbullying) causing children frequently to feel frightened or in danger, or the exploitation or corruption of children.
Some level of emotional abuse is involved in all types of maltreatment of a child, though it may occur alone. - Children should be recorded as having been abused or neglected under one of the categories of physical, emotional, or sexual abuse or neglect, according to a decision by the chair of the Child Protection Conference.
The category selected should reflect all the information obtained in the course of the Initial Assessment and Core Assessment under s47 of the Children Act 1989 and subsequent analysis and should not just relate to one or more abusive incidents.
Time Limits
A child will be subject to a Child Protection Plan for a minimum period of six months, unless he/she is made subject to a Court Order and their welfare is safeguarded under that order. See Child Protection Review Conferences Procedure.
In the cases of children subject to a Child Protection Plan under the categories of Neglect and Emotional Abuse, the Child Protection Plan will generally be maintained for at least six months in order to prevent brief improvement stimulated by multi-agency support quickly being succeeded by long periods of deterioration and unacceptable standards of care.
Input will almost certainly be provided by more than one agency or service unit.
Discontinuing the Child Protection Plan
A child should no longer be the subject of a child protection plan if:
- It is judged that the child is no longer at continuing risk of Significant Harm requiring safeguarding by means of a child protection plan. Under these circumstances, only a child protection review conference can decide that a child protection plan is no longer necessary;
- When they reach the age of 18 years - to end the Child Protection Plan, the local authority should have a review around the child's birthday and this should be planned in advance
- The child and family have moved permanently to another local authority area. In such cases, the receiving local authority should convene a Child Protection Conference within 15 working days of being notified of the move, only after which event may discontinuing the Child Protection Plan take place in respect of the original local authorities child protection plan and a ‘Receiving in Conference’ has been held in that area
If it is known where the family will be moving to, the Designated Manager for Children Subject to a Child Protection Plan will inform their equivalent in that area of the fact that the child is subject to a Child Protection Plan in Coventry and of the child’s new address if it is known
- The child has permanently left the UK
In which case all reasonable efforts will be made to liaise with relevant agencies in the receiving country
- By agreement with all conference members if the child becomes Looked After and rehabilitation is not envisaged
- The child has died
In which case, if abuse or neglect are known or suspected to be a factor, the Designated Manager for Children Subject to a Child Protection Plan will prepare a full report for the Commission for Social Care Inspection (CSCI) and the CSCB will complete a ‘Part 8 Review’ involving all agencies. See Serious Case Review Procedure.
When a child is no longer the subject of a Child Protection Plan, notification should be sent, as minimum, to all those agencies representatives involved with the child and those who were invited to attend the Initial Child Protection Conference that led to the plan.
A child who is no longer the subject of a Child Protection Plan may still require additional support and services and discontinuing the Child Protection Plan should never lead to the automatic withdrawal of help. The Lead Social Worker should discuss with the parents and the child what services might be wanted and required, based upon the re-assessment of the needs of the child and family.
Where a child is Looked After and also subject to a Child Protection Plan, decisions regarding the continued need for the Child Protection Plan should be made alongside consideration of the Care Plan. Where there are no plans for rehabilitation discontinuing the Child Protection Plan may also be appropriate.
Discontinuing the Child Protection Plan may also be appropriate where a permanent placement outside the family is planned.
See Child Protection Review Conferences Procedure (Looked After Children)
The Care Plan will be the primary means of safeguarding the safety and welfare of a looked after child. A Child Protection Plan should only be necessary as a supplement if the child will be spending time in the household where the Significant Harm took place or with the adult responsible for the Significant Harm.
Where there is every intention that the child will return home, sometimes to the same family in which the abuse or suspected abuse occurred, the child/children may have dual status, being subject to both a Care Plan and a Child Protection Plan.
Both Plans will involve six monthly reviews, reports and family/professional attendance at the meetings. This can be confusing, time consuming and distressing.
Thought must always be given as to whether such dual status is justified in order to protect the child appropriately. The first Review Conference to take place once the child has become Looked After must consider the justification for the child being subject of both a Care Plan and a Child Protection Plan.
Where Looked After children are also subject to a Child Protection Plan the overriding principle must be that the systems for review are integrated and carefully monitored in a way that promotes a child-centred approach and not a bureaucratic approach.
It is important to link the timing of the Review Conference and the Looked After Review to make sure that information from the Review Conference is brought to the Looked After Review to inform the care planning process.
Recording that a Child is the Subject of a Child Protection Plan
Children’s Social Care IT system will be capable of recording in the child’s case record when the child is the subject of a Child Protection Plan. The Integrated Children’s System (ICS) will be capable of producing a list of all children resident in Coventry (including those who have been placed here by another local authority or agency) who are considered to be at continuing risk of Significant Harm, and for whom there is a Child Protection Plan.
The principle purpose of having the IT capacity to record that a child is the subject of a Child Protection Plan is to enable agencies and professionals to be aware of those children who are judged to be at continuing risk of Significant Harm, and for whom there is a Child Protection Plan.
Informing Parents and Children
Unless there are exceptional reasons for not doing so, parents will always be informed when their child is subject to a Child Protection Plan. The parents should be clear about the evidence of Significant Harm which resulted in the child becoming the subject of a Child Protection Plan, what needs to change and what is expected of them as part of implementing the plan.
Children will be informed too, depending on their age and level of understanding.
Equally, parents will be informed when the child is no longer the subject of a Child Protection Plan.
Residential Centres
When children from outside of Coventry, who are subject to Child Protection Plans in their own area, move to a residential centre in Coventry, their names and circumstances will be entered temporarily on Coventry’s Children’s Social Care IT system and the Integrated Children’s System (ICS) within this, until they move away. The responsibility for reviewing their Child Protection Plan will continue to be that of the local authority of origin.
Providing Information about a Child
Enquiries about a child subject to a Child Protection Plan should only be made when there is cause to suspect that a child is suffering or likely to suffer Significant Harm.
- Workers from any agency who encounter possible cases of Significant Harm should discuss their concerns with the Children’s Social Care Services who may then instigate a Section 47 Enquiry (Child Protection Enquiry). They may also contact the Safeguarding Children Service for advice and consultation.
- As part of such an enquiry, the Children’s Social Care Services will always check whether the name of the subject child or other children in the family are subject to a Child Protection Plan.
- Before making a formal referral under these procedures, professionals from other agencies may wish to contact the Children’s Social Care Services to discuss their concerns and seek guidance or advice. Formal checks may only be made by contacting the relevant teams in the Children’s Social Care Services.
- Routine checks for agencies are done directly by the Children’s Social Care Services, Safeguarding Children Service. These are checks such as in the recruitment of foster carers, prospective adopters, child minders etc., or in line with policies in member agencies.
- Access to information about children subject to Child Protection Plans can be sought in the following ways:
- Children’s Social Care Services professionals in the relevant teams during normal working hours.
- Professionals from other agencies must contact the relevant teams in Children’s Social Care Services during normal working hours
- Outside normal working hours, all professionals should contact the Children’s Social Care Services Emergency Duty Team (EDT)
- The Safeguarding Children Service will monitor all enquiries for information about children subject to Child Protection Plans.
In some cases, a sequence of injuries over a period of time will result in several separate enquiries being made about a child not subject to a Child Protection Plan. In such cases the Designated Manager for Children Subject to a Child Protection Plan will consider, in consultation with the relevant Children’s Social Care Services team and other agencies, whether these incidents warrant a degree of concern sufficient to call a Child Protection Conference.
- Enquiries and details of the outcome will be recorded. The record will be destroyed after eighteen months if the child does not become subject to a Child Protection Plan and no further enquiries have been made.
Recording
Good record keeping is an important part of the accountability of professionals to those who use their services. It helps to focus work, and it is essential to working effectively across agency and professional boundaries.
Records are an essential source of evidence for investigations and inquiries, and may also be required to be disclosed in court proceedings. Cases where Section 47 Enquires do not result in the substantiation of referral concerns should be retained in accordance with agency retention policies.
To serve these purposes records should use clear, straightforward language, be concise, and be accurate not only in fact, but also in differentiating between opinion, judgement and hypothesis.
Safeguarding and promoting the welfare of children requires information to be brought together from a number of sources and careful professional judgements to be made on the basis of this information. Records should be clear accessible and comprehensive, with judgements made and decisions and interventions carefully recorded. Where decisions have been taken jointly across agencies, or endorsed by a manager, this should be made clear.
Complaints Against a Child being subject to a Child Protection Plan
A complaint may be made where a child is subject of a Child Protection Plan by the parent of that child. (See Inter-Agency Protocol for Responding to Complaints about Child Protection Conferences.)
A complaint by a parent can only be made on the grounds that the criteria to commence a Child Protection Plan were not fulfilled.
In the first instance, the parent should discuss their concerns with the Lead Social Worker and his or her Line Manager.
Arrangements for the Management of Children Subject to a Child Protection Plan Moving across Local Authority Boundaries
The West Midlands Safeguarding Children Network has developed a Protocol to maximise the effective and consistent management across the West Midlands region of children subject to a Child Protection Plan who move from one local authority to another. - see Inter-Authority Protocol for Children in Need and Children Subject to a Child Protection Plan.
The overriding objective is to ensure that such children continue to receive appropriate services to protect them from harm and that their change of address does not expose them to avoidable additional risks.
Guiding Principles
- Maintaining the paramouncy of children’s welfare.
- Re-evaluating risk as a child’s circumstances change.
- Making defensible decisions in managing service-provision within inter-authority arrangements.
- Negotiating agreed actions between managers within respective authorities and confirming those agreements in writing.
- All children who are deemed to be at continuing risk of significant harm and for whom a Child Protection Plan has been agreed must be protected by an agreed and robust system for sharing information across local authority boundaries
- Although the West Midlands authorities have developed this Protocol, it should be applied more widely as far as possible.
Child subject to a Child Protection Plan of the Originating Authority
Social Care Responsibility
The responsibility for a child subject to a Child Protection Plan remains with the originating authority until the receiving authority's transfer conference.
The receiving authority should record the names of the child/ren on its IT System on a temporary basis until a receiving in conference can be arranged. This should be recorded from the actual date of the move, or when informed.
Only by written agreements, between first line mangers, can a receiving authority implement the child protection plan on behalf of the originating authority from the date of the move.
Where agreement cannot be reached the originating authority retains responsibility for 15 working days after notification is provided to the receiving authority.
The transfer child protection conference should be convened by the receiving authority within 15 working days of being notified of a child subject to a Child Protection Plan having moved into its area.
Only when a decision has been made about whether a child remains subject to a Child Protection Plan by the receiving authority, and the case management responsibility subsequently transferred, can the child’s name be removed from the IT system of the originating authority.
The Designated Manager for Children Subject to a Child Protection Plan (or equivalent) of the originating authority must be informed in writing of the result of the conference in taking responsibility for removal of the child’s name from IT system.
Any child protection enquiries which may arise in respect of the child are the responsibility of the authority in whose area the child is found, unless they agree that the originating Authority will undertake this role, and the originating Authority arrive to do so.
Responsibility to Provide/Obtain Information
If a worker from any agency discovers that a child who is subject to a Child Protection Plan is planning to move, or has moved and into the area s/he should inform the Key Social Worker immediately, and confirm this information in writing, whenever practicable on the same day.
The Lead Social Worker must inform all other professionals involved in the case as well as their own Designated Manager for Children Subject to a Child Protection Plan. If the move has occurred already, the Lead Social Worker should complete this task immediately. If the move is to be within the next 14 days, the Lead Social Worker should complete this task within one working day.
The respective Safeguarding Children Service Managers (Designated Manager for Children Subject to a Child Protection Plans) from each authority should take responsibility for the overall inter-authority agreements and in confirming agreements in writing.
It is the responsibility of each agency in the originating authority to try to ascertain that:
- Its reciprocal agency in the receiving authority receives detailed information and is made aware of the need to fulfil its role in the child protection plan.
- The Lead Social Worker is informed of the name and details of staff in the receiving area.
- The Lead Social Worker is notified of any factors affecting the Child Protection Plan.
First, the line manger in the originating authority must ensure that:
- Contact is made with agencies in the receiving authority to ensure that the level and type of service being provided satisfies the requirements of the protection plan.
- Their own Safeguarding Children Service Manager (Designated Manager for Children Subject to a Child Protection Plan) is informed of developments in terms of transfer arrangements.
- The use of any of the local authority's statutory powers is made as necessary by the move.
- A report is provided together with appropriate attendance at the child protection transfer conference.
When case responsibility is to be transferred, the Lead Social Worker must inform all agencies of the arrangements so that staff can transfer records and attend and provide information to the receiving authorities transfer child protection conference.
The Children’s Social Care Services in the receiving authority must ensure, prior to the transfer conference, that it has received sufficient relevant information from the originating authority to clarify details of the case responsibility for the child and plans.
Staff from agencies in the receiving authority must ensure prior to the transfer conference, that where they have not already received it, they seek information from their counterparts in the originating authority.
Role of Transfer Child Protection Conference
The transfer Child Protection Conference may recommend that although case responsibility is transferred to the receiving authority, joint work may continue for an agreed time limited period with staff from agencies in the originating authority.
Families should be made aware that information will be shared with the receiving Children’s Social Care Services.
When a planned transfer of responsibility for a case is being arranged a Children's Social Care representative of the originating authority must be invited to attend the transfer conference, along with any other significant contributors to the Child Protection Plan.
Each of the receiving local agencies must ensure that the child protection conference has all the relevant information required to make fully informed decisions in developing a robust Child Protection Plan, including information from the originating authorities agencies.
Exceptional Retention of Child Protection Responsibilities by the Originating Authority
Where the Child Protection Plan specifies a move out of an authority for a defined and time limited period, the originating authority should retain case responsibility, but may require the assistance of the receiving authority to carry out aspects of the Child Protection Plans.
Examples of these circumstances are where:
- The child temporarily stays with friends/family in another authority
- There is a time limited placement in a mother and baby unit in another authority
- A parent is supported for a time limited period to live with a specified person – e.g. relative or friend in another authority.
Another exception, which may justify individual arrangements, is when a family constantly moves and no one authority is able to adequately monitor the welfare of the child. The vulnerability of children is these circumstances can be acute, requiring astute collaboration between authorities in taking necessary action.
Whenever any of the above circumstances apply, the Lead Social Worker must:
- Agree with her/his first line manager that the originating authority should, in the best interests of the child, retain case responsibility.
- Inform the Manager of the Safeguarding Children Service (Designated Manager for Children Subject to a Child Protection Plan) who will in turn request that the child is recorded on the local authority's IT system on a temporary basis.
- Provide the receiving authority with written information on the child and the Child Protection Plan and the level of participation required of the receiving Children’s Social Care Services in implementing the plan.
- Ensure that contact is made with agencies in the receiving authority to ensure that the level and type of service to be provided satisfies the requirements of the Child Protection Plan.
Both first line managers must:
- Confirm in writing their agreement to case responsibility being retained by the originating authority for a specified period.
- Ensure that the arrangements made satisfy the requirements of the Child Protection Plan.
The Manager of the Safeguarding Children Service (Designated Manager for Children Subject to a Child Protection Plan) of the receiving authority should place the child’s name temporarily on their IT system, identifying the child as subject to a Child Protection Plan).
If first line managers are unable to agree case responsibility, they must refer to their respective Safeguarding Children Service Managers (Designated Manager for Children Subject to a Child Protection Plan) who should determine case responsibility.
If they too are unable to reach agreement, the receiving authority assumes case responsibility 15 days following notification of the move and should convene a transfer conference accordingly.
As before, any child protection enquiries which may arise in respect of the child are the responsibility of the authority in whose area the child is found, unless they agree that the originating authority will undertake this role, and the originating authority arrive to do so.
Contents of Written Communications
Any communication should include the following essential information (by telephone in the case of an emergency move followed by written confirmation):
- Child's name and date of birth
- Legal status
- Names of parents/carers
- Previous address
- Current address
- Identity of those holding Parental Responsibility
- Category of abuse and date the child became subject to a Child Protection Plan
- Date of move to current address
- Lead Social Worker's name and location/contact point
- Clarification of nature of move, i.e. whether temporary with indication of time-scales or permanent with continuing case accountability
- Acknowledgement of the need for a receiving-in Conference within agreed time-scales
Copies of the communication should be circulated to relevant operational staff and other agency personnel in line with the local authorities inter agency procedures.
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