3.1.1 Referrals |
The procedures and timescales set out in this chapter should also be followed when there are concerns about the welfare of an unborn child.
See also ‘Referrals’ Flowchart
See also ‘Urgent Action to Safeguard Children’ Flowchart
AMENDMENTS
This chapter was amended in October 2010 to reflect the new Working Together to Safeguard Children 2010. The changes are shown in italics.
Contents
Who to Contact to make a Referral
How Referrals will be Received
Referrals from Members of the Public
Appendix 1: Joint Protocol for Out of Hours Social Care Emergency Duty Team and West Midlands Police
Handling Cases
The enquiry process - a summary
The enquiry process can be broadly divided into five stages. At any stage in the process, it may be stopped if it seems that no further action is necessary; alternatively, the process may move on to the next stage.
At every stage of these procedures consideration must be given to whether a child is at imminent risk of harm and whether emergency protective action needs to be taken.
The five stages of the enquiry process are:
- Receipt of Referral
The referral is received by Children’s Social Care Services or the Police. The person receiving the referral records comprehensive details on the appropriate form and seeks further information. The police should be notified as soon as possible if it is suspected that a criminal offence has been committed against a child. A decision as to the response to the referral and any further action required should be taken by Children's Social Care within one working day.
- Initial Assessment
Children’s Social Care Services undertakes an Initial Assessment to establish whether the child is in need and also in need of protection. This may involve gathering more information from other agencies and should be completed as soon as possible. A Strategy Discussion may be required following this assessment.
- Strategy Discussion
Following the completion of the Initial Assessment, it may be decided that a Strategy Discussion needs to take place. Police and Children’s Social Care should share and discuss all information received/gathered and decide on the next course of action within 24 hours or without delay if there is immediate concern for the child.
- Strategy Meeting (where appropriate)
During the Strategy Discussion, it may be agreed that a Strategy Meeting should be held. Those attending should include both Police and Children’s Social Care staff, together with other professionals or persons who can assist in the planning process of the investigation. This meeting should be held as soon as possible and no later than 7 working days from the receipt of the referral.
- Section 47 Enquiries by Children’s Social Care Services and/or the Police
At the Strategy Discussion/Meeting, a decision will be made on whether the enquiries will be undertaken as a single agency or jointly depending on the seriousness and type of abuse.
The enquiry process may be followed by a Child Protection Conference and the preparation and implementation of a Child Protection Plan. These will be based on the Core Assessment of the child’s needs, which runs in parallel with the Section 47 Enquiries.
Duty to Refer
Everybody who works with children, parents, and other adults in contact with children should be able to recognise, and to know how to act upon, indicators that a child’s welfare or safety may be at risk. Professionals, foster carers, staff members, and managers should always be mindful of the welfare and safety of children, including unborn children and older children, in their work.
Staff must make a referral to Children’s Social Care Services if there is a suspicion or an allegation that a child, young person or an unborn baby is suffering or is likely to suffer Significant Harm.
The timing of such referrals must reflect the level of perceived risk and must be made as soon as possible when any such concern becomes known. Discuss child welfare concerns with, and seek advice from, colleagues, managers, a designated or named professional, or other agencies, but in urgent situations, out of office hours, the referral should be made to the emergency duty social worker or Emergency Duty Team or the Police (see Contact Details Appendix for local contact details).
- If you believe that a child is suffering or is likely to suffer Significant Harm, you must refer your concern without delay in one of the following ways:
- Use the Multi Agency Referral Form for the written referral under the Common Assessment Framework (Part 1 Promoting Children and Young People Wellbeing)
- Contact the relevant Children’s Social Care Services office
- Contact the Police Child Abuse Investigation Unit (CAIU).
- Outside working hours call the Social Care Services Emergency Duty Team (EDT) or the Police.
- All referrals must be confirmed in writing within 48 hours of being made.
- If a child informs you about a concern or makes an allegation, listen and seek clarification but do not make a judgement or make any enquiries yourself.
- Never delay emergency action to protect a child
- If the child requires urgent medical treatment, call an ambulance or take him/her to hospital and refer your concerns as in (a) above.
- Keep a record of all discussions about a child’s welfare. At the close of the discussion, always reach a clear and explicit recorded agreement about who will be taking what action, or that no further action will be taken.
- Always record in writing concerns about a child’s welfare, whether or not further action is taken
Urgent Medical Treatment
If the child is suffering from a serious injury, medical attention must be sought immediately from the Emergency Department of the local hospital and the social worker and the duty consultant paediatrician must be informed.
Except in cases where emergency treatment is needed, the social worker and the police are responsible for ensuring that any medical examinations required as part of enquiries are initiated.
The suspicion or allegation may be based on information which comes from different sources. It may come from a member of the public, the child concerned, another child, a family member or professional staff.
The information may also relate to harm caused by another child, in which case both children, i.e. the suspected perpetrator and victim, must be referred.
The suspicion or allegation may relate to a parent or professional or volunteer caring for, or working with, the child.
A referral must be made even if it is known that the Children’s Social Care Services are already involved with the child/family.
Emergency Actions
In an acute emergency where an injury may put the child’s health and life seriously at risk, arrange for the child to be taken to hospital or contact the Police Child Abuse Investigation Unit (CAIU).
If the child is taken to hospital, make a referral as soon as practically possible.
Confidentiality
Professionals should seek, in general, to discuss concerns with the family and, where possible seek the family's agreement to making a referral but this should only be done where the discussion and agreement will not place the child at increased risk. The safety and welfare of the child overrides all other considerations, including the following:
- Confidentiality;
- The gathering of evidence;
- Commitment or loyalty to relatives, friends or colleagues.
If suspicions or allegations are about relatives, friends or colleagues, professional or otherwise, the concerns must not be discussed with them before making the referral.
Talking To The Child
If the child makes an allegation or discloses information which raises concern about Significant Harm, this should be listened to. The child should be reassured and informed that the information will be passed to Children’s Social Care Services.
A record of all conversations and actions must be kept.
No enquiries or investigations may be initiated without the authority of the Children’s Social Care Services or Police.
See West Midlands Joint Protocol - Child Protection Enquiries and Related Criminal Investigations.
Making A Referral
Professionals in most agencies should have internal procedures, which identify child protection designated/named managers/staff, able to offer advice and decide upon the necessity for a referral. Consultation may also be held directly with Children’s Social Care.
Professionals making referrals cannot choose to remain anonymous, though members of the public may, if they wish to.
Arrangements within an agency may be that a designated person makes the referral. If the person is not available, the referral must be made without delay to Children’s Social Care.
A formal referral or any urgent medical treatment must not be delayed by the need for consultation.
Referrals should generally be made to the relevant Children’s Social Care office where the child is living or is found, using the multi-agency referral form. If it is not possible to contact the relevant Children’s Social Care office, the concern must be reported to the Police Child Abuse Investigation Unit or if not available to the Duty Inspector at the nearest police station (see Contact Details Appendix for local contact details).
If the child is known to have an allocated social worker, referrals should be made to her/him, or in her/his absence the manager or a duty officer. In other circumstances, referrals should be made to the duty officer.
The person making the referral should provide the following information if available (but absence of information must not delay referral):
- Name, age and address of the child alleged or suspected to have been abused.
- Full family address and any known previous addresses
- Identity of those with Parental Responsibility
- Names, date of birth and information about all household members both adults and children
- Details of significant family members who are not members of the child’s household
- Any other children in the family who may have contact with the alleged abuser, their names, addresses and dates of birth
- Name, age and address of any person known to have information on the alleged abuse or suspected abuse
- Ethnicity, first language and religion of children and parents/carers
- Any need for an interpreter, signer or other communication aid
- Any special needs of child/ren, parents/carers
- Any significant/important recent or historical events/incidents in child or families life
- Cause for concern including details of any allegations, their sources, timing and location
- The identity of the suspected /alleged perpetrator and their current whereabouts
- Child’s current location and whether the child is currently safe / any approaching deadlines ( e.g. child about to be collected by alleged abuser)
- The child’s account and the parents response to the concerns if known
- Referrers relationship and knowledge of child and parents/carers
- Known current or previous involvement of other agencies/professionals
- Information regarding parental knowledge of, and agreement to, the referral
All professional referrals must confirm verbal and telephone referrals in writing, within 48 hours, using the multi agency referral form.
The Common Assessment Framework provides a structure for the written referral.
Who To Contact To Make A Referral
If it is not possible to contact the relevant Children’s Social Care Service, the concern must be reported to the Police Child Abuse Investigation Unit or, if not available, the Police, at the nearest police station.
If the Police receive a referral prior to the Children’s Social Care Services, they will consult with the Children’s Social Care Services prior to taking any action. See West Midlands Joint Protocol - Child Protection Enquiries and Related Criminal Investigations.
How Referrals will be Received
All referrals alleging that a child has been abused or is at risk of abuse must be regarded as serious and enquiries made by the local authority where the child is placed or is found with the minimum of delay. All referrals should be treated in the same way, whether the alleged abuse has taken place inside or outside the family.
Children’s Social Care Services will ensure that a worker is available to receive Child Protection referrals; or, outside normal working hours, the EDT will receive referrals. Child Protection referrals should be taken by, or referred to, an experienced officer knowledgeable in child protection procedures. Referrers should have an opportunity to discuss their concerns with a qualified social worker.
The relevant Children’s Social Care Manager should also be informed about the referral without delay.
The person taking the referral should try to gather all of the following information from the referrer, and write it down, along with the date, time and method of referral:
The Duty Social Worker receiving a referral will:
- Give their name and designation
- Help the referrer to give as much relevant information as possible and repeat back to the referrer the key points using the order indicated above (Section 7, Making a Referral)
- Establish the name and address of the person reporting the information which is leading to the referral and whether they are an adult or a child
- Clarify the relationship of the referrer to the child and/or the agency employing the referrer
- Seek information on whether the parent or carer is aware of the referral being made
- Clarify information that the referrer is reporting directly and information that has been obtained from a third party
- Clarify who has and who has not been told about the referral.
Note: it is expected that referring agencies will routinely discuss the need to make a referral with the family unless to do so will place the child at increased risk.
- Clarify the whereabouts of the child and any immediate action to be taken to protect the child or others.
- Ask about any difficulties being experienced by the family/household due to domestic abuse, mental illness, substance misuse, and/or learning difficulties.
At the end of any discussion or dialogue about a child, the referrer (whether a professional or a member of the public or family), and Children’s Social Care should be clear about proposed action, timescales and who will be taking it, or if no further action will be taken
The decision as to the outcome of a referral will be taken within one working day of its receipt.
The decision should be recorded by Children’s Social Care, and by the referrer (if a professional in another services). The worker receiving the referral should:
- Agree how to re-contact the referrer if further clarification is required
- Clarify the extent to which the referrers anonymity can be maintained (if this is an issue)
- Clarify expectations about how and when feedback is to be given
- If the referrer has not received an acknowledgement within 3 working days, they should contact Children’s Social Care again.
Out of office hours
Out of office hours, referrals may be made to the Social Care Emergency Duty Team or to the Police. All referrals made to Children’s Social Care Services will be communicated by the out of hours staff (verbally and in writing) to the relevant Children’s Social Care Services manager the following day, together with the action taken. In taking the referral, the social worker or police officer must be alert to any indications of an immediate risk to the child or other children’s safety and must be prepared to take urgent action to ensure this child’s or other children’s safety, including necessary medical attention. Where a referral is of a serious nature requiring an immediate response, then appropriate action in accordance with these procedures will be carried out without delay.
The Social Care Emergency Duty Team should able to undertake basic computer checks which includes whether the child is subject to a Child Protection Plan.
Keeping the referrer informed
Any person making a referral should be made aware that any subsequent enquiries might be conducted jointly by the Police and Children’s Social Care Services. The referrer should also be informed that he or she will be given information about the outcome of the referral, in a way which is consistent with respecting the confidentiality of the child and family.
Cross Boundary Referrals
If the referral relates to a child whose home is in Coventry, but who is temporarily visiting an area serviced by another local authority or in a hospital in the area of another authority, the Children’s Social Care Services/Police (CAIU) where the child actually is at the time have prime responsibility for acting upon the referral.
The referral should be to that authority and they should undertake the Section 47 Enquiry (Child Protection Enquiry) and take any immediate protective action that is necessary. They will be responsible for liaising with Coventry Children’s Social Care Services as necessary.
Similarly, it is the responsibility of Coventry Children’s Social Care Services/Police to make initial enquiries where a referral relates to a child temporarily in Coventry but normally resident elsewhere.
Responsibility for children placed by other local authorities in residential centres in the city (e.g. Dudley Lodge) rests with Coventry Children’s Social Care Services.
Before undertaking such enquiries the placing authority will be consulted and agreement sought on who is best placed to undertake the enquiries. Where this is consistent with the child’s immediate protection needs, it may be agreed that the placing authority will respond to the referral.
For those children from other local authority areas, who are subject to a Child Protection Plan there must be consultation with the responsible Lead Social Worker.
- For arrangements for the management of children who are subject to a Child Protection Plan moving between local authority boundaries, see Children Subject to a Child Protection Plan Procedure.
- For children at Corley Residential School, see Corley Residential School Procedure
Ensuring Immediate Safety
The safety of children is paramount in all decisions relating to their welfare. Any action taken by members of staff from CSCB agency should ensure that no child is left in immediate danger.
The law empowers anyone who has actual care of a child to do all that is reasonable in the circumstances to safeguard her/his welfare.
A teacher, foster carer, childminder or any professional should, for example, take all reasonable steps to offer a child immediate protection from an aggressive parent.
Where abuse is alleged, suspected or confirmed in children admitted to hospital, they must not be discharged until Children’s Social Care is notified by phone that there are child protection concerns. (See Initial and Core Group Assessments Procedure, Section on Hospital Discharge Planning Meetings).
Confirmation is provided within 24 hours on a completed multi agency referral form.
A Strategy Discussion/Meeting has been held including relevant hospital staff.
Recording
The referrer should keep a written record of:
- Discussions with child
- Discussions with parent
- Discussions with managers
- Information provided to the Social Worker
- Decisions taken (clearly timed, dated and signed)
The referrer should confirm verbal and telephone referrals in writing, within 48 hours, using the multi agency referral form.
Referrals from Members of the Public
When members of the public are concerned about the welfare of a child or an unborn baby, they should contact their local Children’s Social Care Office. They should be offered the opportunity of an interview. See Contact Details Appendix for contact details.
The NSPCC help lines offer an alternative means of reporting concerns. See Contact Details Appendix for contact details.
Confidentiality (Referrers)
Members of the public may prefer not to give their name or alternatively they may disclose their identity, but not wish for it to be revealed to the parents/carers of the child concerned.
Wherever possible, staff should respect the referrer's request for anonymity. However staff should not give referrers any guarantees of confidentiality, as there are certain limited circumstances in which the identity of a referrer may have to be given e.g. the court arena.
Professionals making referrals cannot choose to remain anonymous.
Talking to the Child
The responsibility to make enquiries and investigate allegations lies with Children’s Social Care Services and Police CAIU along with other relevant agencies.
Where abuse is alleged, the initial response should be limited to listening carefully to what the child says so as to:
- Clarify the concerns
- Offer reassurance about how s/he will be kept safe and
- Explain what action will be taken
The child must not be pressed for information, led or cross-examined or given false assurances of absolute confidentiality. Such well-intentioned actions could prejudice police investigations, especially in cases of Sexual Abuse.
If the child can understand the significance and consequences of making a referral to Children’s Social Care, s/he should be asked her/his view.
Whilst the child’s view should be considered, it remains the responsibility of the professional to take whatever action is required to ensure the safety of that child and any other children.
Parental Consultation
Where practicable, concerns should be discussed with the family and agreement sought for a referral to Children’s Social Care unless this may, either by delay or the behavioural response it prompts, place the child at risk of Significant Harm.
A decision by any professional not to seek parental permission before making a referral to Children’s Social Care must be recorded and the reasons given. Where a parent has agreed to a referral, this must be recorded and confirmed on the multi-agency referral form.
Referrals from named professionals cannot be treated as anonymous, so the parent will ultimately become aware of the identity of the referrer.
Where the parent refuses to give permission for the referral, further advice should be sought from a manager or the designated nurse, doctor or teacher, unless this would cause undue delay, and the outcome fully recorded.
If, having taken full account of the parent's wishes, it is still considered that there is a need for a referral:
- The reason for proceeding without parental agreement must be recorded
- Children’s Social Care Services should be told that the parent has withheld her/his permission
- The parent should be contacted to inform her/him that after considering their wishes a referral has been made
See ‘Referrals’ Flowchart
See ‘Urgent Action to Safeguard Children’ Flowchart
Appendix 1: Joint Protocol for Out of Hours Social Care Emergency Duty Team and West Midlands Police
The Emergency Duty Team represents Coventry City Councils Children’s Social Care outside of normal working hours. The team comprises experienced social workers and a manager with access to other social workers if necessary.
The team can be contacted via the Emergency Services Unit. If you need to contact the team ring the ESU (02476 832222) and request Children’s Social Care. The social worker will return the call.
However, please note that this is an emergency service and there is only one social worker on duty at any one time. The social worker will aim to contact you as soon as possible. The service provides an emergency response to many different groups of service users.
The speed and level of response will vary depending on the level of competing requests. Hence, the response will depend on:
- Statutory duties of Social Care;
- The immediacy of protection required for an individual or community;
- The availability of alternative methods of resolving a request;
The statutory duties of the Emergency Duty Team include:
- Section 47 Enquiry and access to information about children who are subject to a Child Protection Plan
- Assessment of the needs and care of vulnerable persons (adults and children)
- Accommodation of children;
- Parental Responsibility of a Looked After child;
In addition to this, the Emergency Duty Team will also provide an Appropriate Adult service to young people.
In order to establish priorities, the Emergency Duty Team will aim to respond to a telephone call within a maximum of one hour and give advice. If the Emergency Duty Team intends to pursue a course of action, the duty officer will inform the caller and give an estimated time for the delivery of such a service. This would normally be within 3 hours.
POLICE – Joint work
The provisions of the Children Act 1989 aim to strike a balance between the provision of speedy and effective help to children at risk and unwarranted interference in family life where the welfare of the child is seen as paramount. Where there are concerns about the safety of a young person there should be discussions between the Police and EDT at an early stage to share information and decide the involvement of each agency in any child protection investigation.
Police Protection powers should only be used after sharing information as to the most suitable way of protecting a child or where there is an immediate risk to their safety and insufficient time to consult with Children’s Social Care Services.
EDT will not have full access to the social care records but are able to consult with team managers to gain background information and advise on an appropriate response. This may mean a delay in returning a call but the response will be treated as a matter of urgency
EDT would seek to explore a resolution of the concerns within the existing family support mechanisms where it is safe to do so.
On occasions a child (often a teenager) has been removed from their family because of a family argument, often as a result of criminal activity, and it has proved extremely difficult for that young person to return home. These tend to be arguments that occur in the heat of the moment but have profound effects on a child’s care career if they are removed from the family home. The responsible Children's Social Care team should carry out an assessment of the child’s needs and the parents should accept responsibility for them until their needs can be fully assessed. In such circumstances an EDT worker would contact the family to offer support and guidance.
POLICE PROTECTION – Out of Hours Protocols
Where a Police Constable has reasonable cause to believe that a child would otherwise be likely to suffer Significant Harm, he may remove the child (under Section 46 of the Children Act 1989) to suitable accommodation, e.g. a relative's home, a hospital, a Police Station, a residential children’s home or other suitable place, and keep him/her there or take reasonable steps to prevent the child’s removal from any hospital or other place in which he/she is being Accommodated. No child may be kept in Police Protection for more than 72 hours. As soon as possible, the Police should inform the local authority within whose area the child was found, the child (if he/she appears capable of understanding), his/her parents, any other person who has Parental Responsibility for him/her or any person with whom he/she was living immediately before his/her removal, of the steps that have been, and are proposed to be, taken in respect of the child and the reasons for taking them.
If there is no immediate risk, the Police constable should consult with the Emergency Duty Officer to assess:
- If the child is subject to a Child Protection Plan
- Whether or not Children’s Social Care Services knows the family.
- Alternative methods of preventing the child suffering Significant Harm.
On receipt of this enquiry the Emergency Duty Officer will attempt to liaise with the relevant Children's Social Care Manager. This will include a discussion about previous assessments and possible future means of intervention or support.
The Emergency Duty officer will have a Strategy Discussion/Meeting with the Duty Inspector and agree a course of action.
This conversation may take place over the telephone or face to face if there is time to arrange this.
The Strategy Discussion/Meeting and outcome will be recorded by EDT on EDT4 and faxed (along with a copy of the police protection documentation) to the relevant Children's Social Care Office by the commencement of the next working day.
The Police will maintain their own records of this discussion and outcome.
Whilst a child is being kept in Police Protection, the Police do not have Parental Responsibility for the child but should do what is reasonable to promote the child’s welfare. This includes allowing such contact with the child as, in the opinion of the Police, is both reasonable and in the child’s best interest.
On completing their enquiries the Police must release the child from Police Protection unless they consider that there is reasonable cause for believing the child would be likely to suffer Significant Harm if released. Under such circumstances, the Police should discuss the matter with Children’s Social Care with a view to applying for an Emergency Protection Order.
It is accepted by the West Midlands Police and Social Care Services in Coventry that Police Protection will only be utilised by the Police in exceptional circumstances and as a last resort, e.g. where it is necessary for the Police to use their emergency powers to protect a child from immediate danger, or where there is conflict in reaching a joint agreement between Children’s Social Care and the Police.
Under normal circumstances, any removal or other action required to protect a child — whether on a voluntary or compulsory basis — will be actioned by Children’s Social Care Services.
End