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136 <h1>
136 Case Reviews
136 </h1>
141 <div class="well">
142 <p class="bold">
142 RELATED GUIDANCE
143 </p>
144 <p>
144 <a href="p_app_role_iro.html">
144 Appointment and Role of Independent Reviewing Officers Procedure
144 </a>
144 </p>
145 <span class="bold">
145 Note
145 </span>
145 that different provisions apply to children who acquire Child in Care status as a result of a
remand to local authority accommodation or youth detention accommodation. In relation to those
children, please see
145 <a href="p_rem_la_yth_det_accomm.html#care_plan">
145 Remands to Local Authority Accommodation or to Youth Detention Accommodation Procedure, Care
Planning for Young People on Remand
145 </a>
145 .
145 </div>
152 <div class="section">
152 <h2 id="purp_rev">
152 1. The Purpose of Case Reviews
152 </h2>
153 <p>
153 A Case Review must take place before any significant change is made to the child's Care
Plan, unless that is not reasonably practicable, including a decision to cease looking after
a child.
153 </p>
154 <p>
154 The Case Review is a process and may include a meeting or series of meetings, depending on
the circumstances. A meeting is not always required in respect of a child who has been in a
designated Long-term Foster Placement for over 12 months (see
154 <a href="#la_rev_long_term">
154 Section 10, Case Reviews Concerning Children in Long Term Foster Placements
154 </a>
154 ).
154 </p>
155 <p>
155 The purpose of the Case Review is to:
155 </p>
156 <ul>
157 <li>
157 Ensure that appropriate plans are in place to safeguard and promote the overall welfare of
the Child in Care in the most effective way and achieve permanence for them within a
timescale that meets their needs;
157 </li>
158 <li>
158 To monitor the progress of the plans and ensure they are being progressed effectively;
158 </li>
159 <li>
159 To make decisions, as necessary, for amendments to those plans to reflect any change in
knowledge and/or circumstances;
159 </li>
160 <li>
160 To ensure the needs of who are on a secure remand are met;
160 </li>
161 <li>
161 To ensure that an Eligible Young Person moving into semi-independent accommodation is
ready and prepared to move;
161 </li>
162 <li>
162 For a young person living in foster care, the first Case Review following their 16th
birthday should consider whether a Staying Put arrangement (whereby the young person
remains in the foster home after the age of 18) should be an option.
162 </li>
163 </ul>
164 <p>
164 It is important that decisions taken at Case Reviews are implemented and responsibility for
actions clearly defined.
164 </p>
165 <p>
165 The key plans that should be considered at a Case Review are:
165 </p>
166 <ul>
167 <li>
167 Care plan;
167 </li>
168 <li>
168 Permanence plan;
168 </li>
169 <li>
169 Health care plan;
169 </li>
170 <li>
170 Pathway plan if applicable;
170 </li>
171 <li>
171 Personal education plan (PEP).
171 </li>
172 </ul>
173 <p>
173 The review should also take account of the child's Placement Plan (recorded on the Placement
Information Record) and any other plans or strategies (e.g. behaviour management strategy),
ensuring that they are up to date, or that arrangements are in place to update them.
173 </p>
174 </div>
175 <div class="section1">
175 </div>
181 <div class="section">
181 <h2 id="freq_rev">
181 2. Frequency of Case Reviews
181 </h2>
182 <table class="table" title="table containing section 2 - Frequency of Looked After Reviews">
183 <tr>
184 <td>
184 2.1
184 </td>
185 <td>
185 <p>
185 Normally, Case Reviews should be convened at the following intervals:
185 </p>
186 <ul>
187 <li>
187 An initial Case Review should be conducted within 20 working days of the child
becoming Looked After;
187 </li>
188 <li>
188 The second Case Review should be conducted within 3 months of an Initial Case
Review;
188 </li>
189 <li>
189 Subsequent Case Reviews should be conducted not more than 6 months after any
previous review.
189 </li>
190 </ul>
190 </td>
191 </tr>
192 <tr>
193 <td>
193 2.2
193 </td>
194 <td>
194 In relation to children placed with prospective adopters or where there is authority to
place for adoption, see the
194 <a href="p_adoption_reviews.html">
194 Adoption Reviews Procedure
194 </a>
194 .
194 </td>
195 </tr>
196 <tr>
197 <td>
197 2.3
197 </td>
198 <td>
198 <p>
198 Case Reviews may be brought forward by an IRO where the circumstances of an event has
a significant impact upon the child's care plan, as suggested in the following sorts
of circumstances:
198 </p>
199 <ul>
200 <li>
200 A proposed change of care plan for example arising at short notice in the course of
proceedings following directions from the court;
200 </li>
201 <li>
201 Where agreed decisions from the review are not carried out within the specified
timescale;
201 </li>
202 <li>
202 Major change to the contact arrangements;
202 </li>
203 <li>
203 Changes of allocated social worker;
203 </li>
204 <li>
204 Any safeguarding concerns involving the child, which may lead to enquiries being
made under section 47 of the 1989 Act ('child protection enquiries') and outcomes of
child protection conferences, or other meetings that are not attended by the IRO;
204 </li>
205 <li>
205 Complaints from or on behalf of the child;
205 </li>
206 <li>
206 Unexpected changes in the child's placement provision which may significantly impact
on placement stability or safeguarding arrangements;
206 </li>
207 <li>
207 Significant changes in birth family circumstances for example births, marriages or
deaths which may have a particular impact on the child;
207 </li>
208 <li>
208 If the child is charged with any offence leading to referral to youth offending
services, pending criminal proceedings and any convictions or sentences as a result
of such proceedings;
208 </li>
209 <li>
209 If the child is excluded from school;
209 </li>
210 <li>
210 If the child has run away or is missing from an approved placement;
210 </li>
211 <li>
211 Significant health, medical events, diagnoses, illnesses, hospitalisations, or
serious accidents; and panel decisions in relation to permanency.
211 </li>
212 </ul>
213 <blockquote>
214 <p class="tiny_text">
214 DfE Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement
and Case Review.
214 </p>
215 </blockquote>
216 <p>
216 This is not an exhaustive list and the IRO may judge that other events are significant
and require an earlier review. The parents and child should also be consulted about
the need for an additional review.
216 </p>
216 </td>
217 </tr>
218 </table>
219 </div>
220 <div class="section1">
220 </div>
226 <div class="section">
226 <h2 id="chairing_review">
226 3. Chairing of Reviews
226 </h2>
227 <p>
227 Independent Reviewing Officers (IRO's) will chair reviews. They are located within the
Independent Review Unit.
227 </p>
228 <p>
228 The IRO's responsibilities are outlined in
228 <a href="#indep_rev_resp">
228 Section 8, Independent Reviewing Officer's Responsibilities
228 </a>
228 .
228 </p>
229 <p>
229 See also
229 <a href="p_app_role_iro.html">
229 Appointment and Role of Independent Reviewing Officers Procedure
229 </a>
229 .
229 </p>
230 </div>
231 <div class="section1">
231 </div>
237 <div class="section">
237 <h2 id="convening">
237 4. Convening Case Reviews
237 </h2>
238 <h3>
238 4.1 Arranging the first review
238 </h3>
239 <p>
239 As soon as a child becomes Looked After, the child's social worker must notify the
Independent Review Unit by completing the Change of Circumstances form.
239 </p>
240 <p>
240 This will trigger the appointment of an Independent Reviewing Officer (IRO) for the child.
The Independent Review Unit will then arrange the date, time and venue of the child's first
Case Review in consultation with the social worker.
240 </p>
241 <h3>
241 4.2 Arranging second and subsequent reviews
241 </h3>
242 <p>
242 At the end of each review the IRO will set the date, time and venue of the next review,
taking account of what is convenient for review participants.
242 </p>
243 <p>
243 Review dates cannot be rearranged unless there are exceptional circumstances and then only
if the rearranged meeting can take place within statutory timescales, in which case the new
date should be agreed by the IRO and the Independent Review Unit who will inform the other
participants.
243 </p>
244 <p>
244 In the event of a key participant being ill or unable to attend the review, the meeting will
go ahead but the IRO may decide that the review be adjourned to a new date when all
participants can attend - see
244 <a href="#indep_rev_resp">
244 Section 8, Independent Reviewing Officer's Responsibilities
244 </a>
244 .
244 </p>
245 <p>
245 Should the child cease to be Looked After before the review date, the child's social worker
will notify the Independent Review Unit who will notify the IRO and other prospective
attendees that the review is cancelled and why.
245 </p>
246 </div>
247 <div class="section1">
247 </div>
253 <div class="section">
253 <h2 id="invitations">
253 5. Invitations and the Child's Participation
253 </h2>
254 <p>
254 Children and young people are the most important people in their review process (whether
they are in attendance or not). There are numerous ways in which they can contribute and
their preferences are likely to change depending on their age and their circumstances.
254 </p>
255 <p>
255 The social worker will be required to consult the child about how they wish their review to
be conducted. For example; Do they want a formal or informal meeting and who would they
like to attend and where would they like it to be held? Do they want a visit from the IRO
instead of a meeting? How would they like to contribute to the review process if they do not
wish to attend a meeting? The review process can be flexible to suit the needs, wishes and
requirements of the child. However, the IRO will have the final say in relation to the
review process and how it is managed.
255 </p>
256 <p>
256 Discussion should take place between the social worker and the child (subject to age and
understanding) at least 20 working days before the Review. If the child wants to attend a
the social worker will ask the child who they would like to attend the meeting and where the
meeting will be held.
256 </p>
257 <p>
257 Invitations to reviews will be sent by the Independent Review Unit following consultation
with the child's social worker and the IRO, who will decide who should be invited in
consultation with the child. Invitations to attend review meetings and consultation
documents should be sent out to all those participating in the review at least 10 working
days before the meeting.
257 </p>
258 If the child is attending the review meeting, only those they want to be there will be
invited. However, the following people should normally be consulted as part of the process:
259 <ul>
260 <li>
260 The child. There is a presumption that the child will attend the review. A child's
disability must not be a bar to the child's attendance;
260 </li>
261 <li>
261 The parents and those with parental responsibility, carers and any significant people or
specialists involved in the child's case, (except as set out below);
261 </li>
262 <li>
262 The supervising social worker, if the child is placed with foster carers;
262 </li>
263 <li>
263 The link worker if the child is in residential care;
263 </li>
264 <li>
264 The most appropriate teacher at the child's school (usually the Designated Teacher for
Children in Care);
264 </li>
265 <li>
265 A Personal Adviser, if the child is over the age of 16;
265 </li>
266 <li>
266 An Independent Visitor, if involved;
266 </li>
267 <li>
267 If required, an interpreter;
267 </li>
268 <li>
268 Any other person with a legitimate interest in the child e.g. health care professional,
GP, a representative from the Local Authority in whose area it is proposed that the child
will be placed; (Such attendance should always be discussed with the child before
invitations are made and their views obtained);
268 </li>
269 <li>
269 The officer with lead responsibility for implementing the authority's duty to promote the
educational achievement of its Children in Care.
269 </li>
270 </ul>
271 A balance must be struck in relation to who the child wishes to be present and the need for
information and input from the professionals and family members involved. Efforts should be
made to keep the number present at the review as small as possible. It may be appropriate for
information to be provided in writing or at a separate meeting where the contribution is
strictly factual.
272 <p>
272 Children and parents should also be informed that they can arrange to see the IRO separately
if they wish or bring a supporter or interpreter to the review.
272 </p>
273 <p>
273 Where the child does not wish to attend the review meeting, the IRO must at the very least
speak to the child before the review - wherever possible in a face to face meeting.
273 </p>
274 <p>
274 The child's social worker must ensure that children and families have been given information
about the Complaints Procedure. They should provide the child with details of independent
advocacy services who may provide support if the child requires it.
274 </p>
275 <p>
275 See
275 <a href="#supporters_int">
275 Section 7, Supporters and Interpreters
275 </a>
275 .
275 </p>
276 <p>
276 A decision not to invite a child or parent(s) to a review should only be made in exceptional
circumstances and in consultation with the IRO, prior to the review. The decision should be
recorded, together with reasons, on the review document and child's record.
276 </p>
277 <p>
277 There may be exceptional circumstances where the child's social worker, in consultation with
the IRO decides that the attendance of the carer at all or part of the review meeting
will not be appropriate or practicable. Where this is the case, a written explanation of the
reasons should be given and other arrangements made for the carer to contribute to the
review process. Details of the reasons why a carer is excluded and a record of their input
should be placed on the child's case record.
277 </p>
278 <p>
278 Where any other invited person cannot attend, the IRO may agree that a delegate attend
instead.
278 </p>
279 </div>
280 <div class="section1">
280 </div>
286 <div class="section">
286 <h2 id="role_social">
286 6. The Role of the Social Worker
286 </h2>
287 <p>
287 The child's social worker must discuss the purpose of the review with the child, parents and
carers and consult the child about invitations at least 20 working days before the review
meeting.
287 </p>
288 <p>
288 Where the child wishes to chair their own review, the social worker should inform the IRO.
288 </p>
289 <p>
289 In all cases, the child and parent(s) should be encouraged and supported by the social
worker to prepare for the review, in writing or other ways if they wish, for example by
seeing the IRO separately. The social worker should agree with the IRO how this will be
achieved. This requires early consultation between the social worker and the IRO, and should
be part of a thorough preparation of all the key issues for the review.
289 </p>
290 <p>
290 The child's social worker must also ensure the child's IRO is kept informed of any
significant changes in the child's circumstances and the outcomes of any other meetings held
as part of the review process, which consider aspects of the child's Care Plan. In addition,
the social worker must notify the IRO if they believe that decisions made at a review are no
longer appropriate because of a change in circumstances.
290 </p>
291 <p>
291 Where the child has been or is the subject of Court proceedings, the social worker should
ensure the IRO has clear information of the child's legal status and the Court timetable.
291 </p>
292 <p>
292 Prior to the review, the social worker must ensure the child's records and plans are up to
date, for example, that they include records of the placement visits and the last date when
the child's sleeping accommodation was seen. Any changes in household membership need to be
clearly recorded.
292 </p>
293 <p>
293 The social worker must send the IRO the following documents
293 <span class="bold">
293 3 working days before an Initial Review and 5 working days before a subsequent review:
293 </span>
293 </p>
294 <ul>
295 <li>
295 Review of Arrangement Report;
295 </li>
296 <li>
296 Care Plan or Pathway Plan;
296 </li>
297 </ul>
298 <p>
298 Copies of these documents should be provided by the social worker for all review
participants. Documents should be shared prior to the meeting and should not be handed out
at a meeting where the child is attending.
298 </p>
299 In addition, the child's social worker should provide the following documents for the IRO
prior to the review:
300 <ul>
301 <li>
301 All completed consultation documents (the social worker is responsible for sending these
to the child, carers and family members as appropriate).
301 </li>
302 <li>
302 Health Care Plan;
302 </li>
303 <li>
303 Personal Education Plan;
303 </li>
304 <li>
304 Any other relevant reports by professionals.
304 </li>
305 </ul>
306 <p>
306 It is not necessary to copy these for all participants. The IRO may have a pre meeting with
the social worker to review the relevant aspects of the Health Action Plan and Personal
Education Plan. The IRO will then summarise these documents during the review and provide
information about the discussion with the social worker as appropriate.
306 </p>
307 <p>
307 After the review, the social worker is responsible for updating the Care Plan within 10
working days, in relation to any changes to the Care Plan agreed at the review.
307 </p>
308 <p>
308 The social worker should also update the Permanence Plan, Health Care Plan and Personal
Education Plan as required, and arrange for a Pathway Plan to be completed/updated, if
relevant.
308 </p>
309 <p>
309 The social worker should also ensure that the child's Placement Plan (recorded on the
Placement Information Record) is updated.
309 </p>
310 <p>
310 Where the child and/or the parents are unable to attend the review, the social worker must
ensure that they are informed in writing of the outcome.
310 </p>
311 See also
311 <a href="p_app_role_iro.html#duty_soc_worker">
311 Appointment and Role of Independent Reviewing Officers Procedure, Duty of Social Worker to
Keep IRO Informed
311 </a>
311 .
311 </div>
312 <div class="section1">
312 </div>
318 <div class="section">
318 <h2 id="supporters_int">
318 7. Supporters and Interpreters
318 </h2>
319 <p>
319 The social worker and IRO should consider prior to the review whether either the child or
parent(s) would benefit from the presence of a supporter or advocate and if so, the social
worker should ensure the necessary arrangements are made. A supporter may be either an
advocate on behalf of the child/parent(s) or a person with specialist skills or knowledge.
319 </p>
320 <p>
320 It may also be necessary for the social worker to make arrangements for an interpreter to
attend. Special needs, for example those arising from disability, should always be
considered and appropriate assistance arranged where relevant.
320 </p>
321 <p>
321 Any request by the child or parent(s) for their legal adviser to attend as their supporter
should be notified to the IRO prior to the review and arrangements made where appropriate
for the attendance at the review of a local authority legal adviser.
321 </p>
322 </div>
323 <div class="section1">
323 </div>
329 <div class="section">
329 <h2 id="indep_rev_resp">
329 8. Independent Reviewing Officer's Responsibilities
329 </h2>
330 <p>
330 The IRO's role is to monitor the performance by the local authority of their functions in
relation to the child's case, chair Case Reviews and monitor the appropriateness of the Care
Plan (on an ongoing basis including whether any safeguarding issues arise), its
implementation and to establish whether the milestones set out in the plan are being
achieved in a timely way.
330 </p>
331 <p>
331 See also
331 <a href="p_app_role_iro.html">
331 Appointment and Role of Independent Reviewing Officers Procedure
331 </a>
331 , which sets out in detail to role of the IRO outside the Case Review.
331 </p>
332 <p>
332 In relation to their role at reviews, a key task for all IRO's is to ensure that the review
process is child centred and that the child's views are heard. They should be satisfied that
disabled children's contributions are obtained and effectively presented in the review.
332 </p>
333 <p>
333 The IRO should consult the child about their Care Plan at each review and at any time that
there is a significant change to the Care Plan. The IRO should meet the child before the
first Case Review and arrange to meet the child as appropriate in advance of subsequent Case
Reviews.
333 </p>
334 <p>
334 The IRO must be satisfied that the wishes and feelings of the child's parents, any person
who is not a parent but who has parental responsibility and the current carer (foster carer
or registered person in respect of a children's home) have been taken into account as part
of the review process.
334 </p>
335 <p>
335 Wherever possible, the child should be encouraged to chair the meeting and in these
circumstances the IRO will assist the child. In all other cases, the IRO will chair the
review - see
335 <a href="#chairing_review">
335 Section 3, Chairing of Reviews
335 </a>
335 .
335 </p>
336 <p>
336 More than one meeting may be required to ensure the views of relevant people inform the
review without the meeting becoming too large. For example it may be appropriate to hold a
meeting involving the child prior to a meeting involving the parent to obtain information
and ascertain the views of both where the child does not wish to attend a review with their
parents present.
336 </p>
337 <p>
337 The IRO is responsible for ensuring that all relevant people, including the child and
parents, understand the purpose of the review and have been given appropriate opportunities
to contribute and express their views. The IRO should also ensure that relevant consultation
has taken place with those professionals who are not in attendance at the meeting.
337 </p>
338 <p>
338 Where participants' views are not followed, an explanation of the reasons why needs to be
provided by the IRO and/or the social worker. Any differences of opinion should be recorded
in the minutes.
338 </p>
339 <p>
339 If the parent(s) or the child brings a supporter, the IRO will need to explain their role,
ensuring that the supporter understands that they may clarify information but may not
cross-examine any contributor.
339 </p>
340 
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341 <tr>
342 <td class="table_row_even">
342 <p>
342 Where the 'supporter' is a legal representative then the IRO should note The Law
Society guidance '
342 <a
href="https://www.lawsociety.org.uk/support-services/advice/practice-notes/attendance-
of-solicitors-at-local-authority-children-act-meetings/" target="_blank"
rel="noopener">
342 Attendance of Solicitors at Local Authority Children Act Meetings
342 </a>
342 ' and related '
342 <a href="http://www.sra.org.uk/solicitors/handbook/code/content.page"
target="_blank" rel="noopener">
342 Code of Conduct (2011)
342 </a>
342 '.
342 </p>
343 All solicitors attending these meetings should be aware of the local policies and
procedures in respect of Children Act Meetings.
343 </td>
344 </tr>
345 </table>
346 <p>
346 <br>
347 The discussion for each review meeting will be agreed with the child; what the child would
like to talk about and anything they do not want to talk about in the meeting in front of
others.
347 </p>
348 <p>
348 The IRO will decide on what actions in principle are necessary to meet the child's reviewed
needs and make decisions as to how these should be achieved.
348 </p>
349 <p>
349 Where a review considers that adoption or long term fostering is the most appropriate way to
meet the child's needs, the recommendation is then submitted to the Adoption Panel for
consideration - see
349 <a href="p_place_adop.html">
349 Placement for Adoption Procedure
349 </a>
349 .
349 </p>
350 <p>
350 The IRO may adjourn a review meeting once, for not more than 20 working days, if not
satisfied that sufficient information has been provided by the Local Authority to enable
proper consideration of any of the factors to be considered.
350 </p>
351 <p>
351 The IRO should consider the effects on the child of delaying the meeting, and seek the
wishes and feelings of the child, carer and parents where appropriate. They should consider
if the review process can be completed without a meeting.
351 </p>
352 <p>
352 It will be necessary for the IRO to ensure decisions are clear and establish who is
responsible for actions and the timescales agreed for completion. The IRO should ensure that
the following are considered and accounted for during the review:
352 </p>
353 <ol style="list-style-type:lower-alpha">
354 <li>
354 The effect of any change in the child's circumstances since the last review, any change
made to the Care Plan, whether decisions taken at the last review have been successfully
implemented and if not the reasons;
354 </li>
355 <li>
355 Whether any change should be sought in the child's legal status;
355 </li>
356 <li>
356 Whether there is a plan for permanence;
356 </li>
357 <li>
357 Arrangements for contact/whether there is any need for changes to the arrangements in
order to promote contact between the child and parents/other Connected Persons;
357 </li>
358 <li>
358 Whether the placement continues to be the most appropriate available, whether any change
to the placement agreement or any other aspect of the arrangements is likely to become
necessary before the next review;
358 </li>
359 <li>
359 Whether the placement safeguards and promotes the child's welfare, and whether any
safeguarding concerns have been raised;
359 </li>
360 <li>
360 The child's educational needs, progress and development and whether any change is likely
to become necessary or desirable before the next review, including consideration of their
most recent assessment of progress and development; whether the arrangements are meeting
the child's educational needs; whether the child has a Personal Education Plan (PEP) and
whether its content provides a clear framework for promoting educational achievement;
360 </li>
361 <li>
361 The child's leisure interests and activities and whether the arrangements are meeting
their needs;
361 </li>
362 <li>
362 The child's health report, and whether any change in health care arrangements is likely to
be necessary or desirable before the next review; whether the content of the health plan
provides a clear framework for promoting the child's health; whether the arrangements are
meeting the child's health needs;
362 </li>
363 <li>
363 Whether the child's needs related to identity are being met and whether any change is
required having regard to the child's religious persuasion, racial origin and cultural
background;
363 </li>
364 <li>
364 Whether the arrangements for advice, support and assistance continue to be appropriate and
understood by the child;
364 </li>
365 <li>
365 Whether any arrangements need to be made for the time when the child will no longer be
looked after;
365 </li>
366 <li>
366 The child's wishes and feelings and the views of the IRO about any aspect of the case and
in particular about any changes made since the last review or proposed to be made to the
Care Plan; whether the plan fulfils the duty to safeguard and promote the child's welfare
and whether it would be in the child's interests for an independent visitor to be
appointed;
366 </li>
367 <li>
367 Where the child is placed with parents before an assessment is completed, the frequency of
the social worker's visits;
367 </li>
368 <li>
368 Whether the delegation of authority to take decisions about a child's care continues to be
appropriate and in the child's best interests;
368 </li>
369 <li>
369 Other matters which may arise should also be considered with due regard to the
circumstances of the child and the placement.
369 </li>
370 </ol>
371 <p>
371 Where there is evidence of poor practice, the IRO will consider what action is needed to
bring this to the attention of the relevant and appropriate managers - see
371 <a href="#monit_reviews">
371 Section 14, Monitoring of Review Decisions
371 </a>
371 .
371 </p>
372 It is also the IRO responsibility to focus on conflict resolution - see
372 <a href="#conflict_resolution">
372 Section 15, Conflict Resolution
372 </a>
372 .
372 </div>
373 <div class="section1">
373 </div>
379 <div class="section">
379 <h2 id="role_looked_after">
379 9. The Role of the Case Review in Achieving Permanence for the Child
379 </h2>
380 <p>
380 The Independent Reviewing Officer (IRO) must check that the child's Care Plan includes a
Permanence Plan with measurable milestones and a Contingency Plan should the preferred plans
not materialise.
380 </p>
381 <p>
381 At the second Case Review, there is a requirement to focus on the Permanence Plan, to ensure
it provides permanence for the child within a timescale which is realistic, achievable and
meets the child's needs.
381 </p>
382 <p>
382 If it is considered that the chosen avenue to permanence is not viable, the IRO should
ensure that the social worker arranges as a matter of urgency to consider the most
appropriate permanent alternative.
382 </p>
383 <p>
383 At the third Case Review there will be a need for a Twin Track/Parallel Plan to be made
where a Permanence Plan has not been achieved. For example where a plan for rehabilitation
of the child has not been achieved, the Review should seek to establish whether the lack of
progress is as a result of drift or whether there are valid child-centred reasons, properly
recorded and endorsed by the social worker's manager. No further rehabilitation plan should
be recommended unless there are exceptional reasons justifying such a plan or where further
assessment is specifically directed by the Court. In this case, the Parallel Plan must
include the active pursuit of an alternative placement for the child.
383 </p>
384 <p>
384 All subsequent Reviews should review the progress and validity of the Permanence Plan.
384 </p>
385 <p>
385 <span class="bold">
385 Children who are Section 20 Accommodated (Children Act 1989):
385 </span>
385 IROs should pay particular regard to children accommodated under S.20 to ensure there is
appropriate progression of their plans and that there are no delays in respect of them
having 'permanence', (which should include a return home). A High Court judgement (see
Herefordshire Council v AB [2018] EWFC 10 rtf) was critical of protracted delay in a
child's planning and failure to respond to a parent's request to have a child return home to
their care under S.20(8). Further, that the IRO, whilst recognising the issues of delay and
planning, and highlighting these to managers, did not respond more robustly (see
385 <a href="#conflict_resolution">
385 Section 15, Conflict Resolution
385 </a>
385 ).
385 </p>
386 <p>
386 The judgement considered that in circumstances where the threshold criteria (for Care/
Supervision Orders) under Section 31 Children Act 1989 are met, (i.e. where a child is at
risk of significant harm, or the likelihood of significant harm), then care proceedings
should be issued without delay.
386 </p>
387 </div>
388 <div class="section1">
388 </div>
394 <div class="section">
394 <h2 id="la_rev_long_term">
394 10. Case Reviews Concerning Children in Long Term Foster Placements
394 </h2>
395 <p>
395 <a
href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/441643/Child
ren_Act_Guidance_2015.pdf" target="_blank" rel="noopener">
395 Paragraph 4.17 of The Children Act 1989 Guidance and Regulations - Volume 2: Care
Planning, Placement and Case Review (2015)
395 </a>
395 sets out that where a child is placed in a designated long-term foster placement and has
been in this placement for more than a year consideration should be given to whether it is
necessary to hold a meeting as part of each review.
395 </p>
396 <p>
396 The guidance requires that the social worker should consult the IRO and the child (where
appropriate to age and understanding) in reaching a decision on whether to hold a meeting.
Where it is agreed that a meeting will not be held as part of every review a meeting should
be held at least once a year. The factors leading to a decision to hold review meetings on a
less frequent basis must be recorded in the child's care plan.
396 </p>
397 <p>
397 Where a decision is taken that the review process will not include a meeting the IRO must
ensure that full consultation with all relevant individuals, including the child, has taken
place to inform the review of the child's case.
397 </p>
398 </div>
399 <div class="section1">
399 </div>
405 <div class="section">
405 <h2 id="lac_sub_cpp">
405 11. Case Reviews on Children who are the Subject of Child Protection Plans
405 </h2>
406 <p>
406 Where a Child in Care remains the subject of a child protection plan, there should be a
single planning and reviewing process, led by the IRO, leading to the development of a
single plan.
406 </p>
407 <p>
407 Consideration should be given to the IRO chairing the Child Protection Conference where a
Child in Care remains subject to a Child Protection Plan. Where that is not possible, it
will be expected that the IRO will attend the Child Protection Review Conference.
407 </p>
408 <p>
408 The timing of the review of the child protection aspects of the Care Plan should be as in
408 <a href="#freq_rev">
408 Section 2, Frequency of Case Reviews
408 </a>
408 .
408 </p>
409 <p>
409 The Case Review, when reviewing the child protection aspects of the plan, should consider
whether the criteria continue to be met for the child to remain the subject of a Child
Protection Plan.
409 </p>
410 Consideration must be given to ensuring that the multi-agency contribution to the review of
the Child Protection Plan is addressed within the review of the Care Plan.
410 </div>
411 <div class="section1">
411 </div>
417 <div class="section">
417 <h2 id="recording_look">
417 12. Recording of Case Reviews
417 </h2>
418 <p>
418 It is the responsibility of the Independent Reviewing Officer (IRO) to record the review. A
written record of the decisions and recommendations will be completed and circulated by the
Independent Review Officer to all participants within 5 working days of the meeting. This
should also be sent to the designated senior manager who will consider the decisions made at
the review - see
418 <a href="#rev_dec">
418 Section 13, Review Decisions
418 </a>
418 .
418 </p>
419 <p>
419 The full written record of the review will be completed within 15 working days of the
review. The full record should contain an accurate and comprehensive analysis of the review
process and of the views of all those who attended or were consulted as part of the review
process. The record should also reflect the review process for a designated long term
foster placement where a meeting did not take place. The Independent Review Unit will send
copies out to all relevant parties who have provided their full name and address on the
attendance sheet within 20 working days of the completion of the review.
419 </p>
420 <p>
420 The decisions should have any identifying details removed as necessary, for example,
exceptionally, the address of the placement.
420 </p>
421 <p>
421 Where parents do not attend the review/part of the meeting and contribute their views in
some other manner, a discussion should take place between the social worker and the IRO as
to whether it is in the child's interest for the parents to receive a full record of the
review, and, if not, what written information should be sent to them. Examples of where this
should be a consideration are where there is a 'no contact order' or supervised contact
only.
421 </p>
422 <p>
422 The IRO report will include:
422 </p>
423 <ul>
424 <li>
424 The IRO's analysis of the care planning for the child incorporating 'Corporate Parenting
Questions':
425 <ol>
426 <li>
426 Is this good enough for my child?
426 </li>
427 <li>
427 Would this have been good enough for me as a child?
427 </li>
428 <li>
428 Is this the best we can achieve?
428 </li>
429 </ol>
430 </li>
431 <li>
431 A section written directly to the child that will then be sent as a letter.
431 </li>
432 </ul>
433 </div>
434 <div class="section1">
434 </div>
440 <div class="section">
440 <h2 id="rev_dec">
440 13. Review Decisions
440 </h2>
441 <p>
441 A Team Manager should consider the decisions made at each Case Review within 5 working days
of receiving them and to advise the IRO and all those who attended the review if they are
unable to agree them.
441 </p>
442 <p>
442 If no response is received the decisions should be considered agreed by the Local Authority
and should be implemented within the timescales set out in them.
442 </p>
443 <p>
443 If the Team Manager disagrees with any of the decisions within that initial 5 working day
period, this should be notified in writing to the IRO and all those who attended the review.
443 </p>
444 In the first instance the IRO should attempt to resolve the issue informally. If this is not
successful the IRO can consider activating the local outcome resolution process - see
444 <a href="#conflict_resolution">
444 Section 15, Outcome Resolution
444 </a>
444 .
444 </div>
445 <div class="section1">
445 </div>
451 <div class="section">
451 <h2 id="monit_reviews">
451 14. Monitoring of Review Decisions
451 </h2>
452 <p>
452 The Team Manager must include the decisions of case reviews in supervision discussions with
social workers and track their progression and completion. The IRO must be informed of any
potential delay in the progress.
452 </p>
453 <p>
453 The Independent Reviewing Officer (IRO) plays an important part in the quality assurance
function of the local authority's service for Children in Care, it will be important that
they recognise and report on good practice by individuals or teams.
453 </p>
454 <p>
454 It is important for the IRO to have a collaborative relationship with the social workers and
their managers.
454 </p>
455 <p>
455 Monitoring sheets must be completed by the IRO after every review meeting in order that
accurate data is reported for audit, quality assurance and individual performance
management.
455 </p>
456 <p>
456 Where there is evidence of poor practice, the IRO should, wherever practicable, address
these issues through the normal channels, contacting the social worker's manager and where
necessary the Service Manager or Head of Service.
456 </p>
457 </div>
458 <div class="section1">
458 </div>
464 <div class="section">
464 <h2 id="conflict_resolution">
464 15. Outcome Resolution
464 </h2>
465 <p>
465 Where the IRO believes that the Local Authority has failed in any significant respect to
prepare the child's Care Plan; review the child's case or effectively implement any decision
in consequence of a review; or are otherwise in breach of their duties to the child in any
material respect, the following procedure will apply:
465 </p>
466 <ol style="list-style-type:lower-roman">
467 <li>
467 Informal resolution through a professionals discussion;
467 </li>
468 <li>
468 If no resolution is reached at this stage a referral should be made by the Independent
Review Unit to the relevant senior manager in the local authority;
468 </li>
469 <li>
469 If there is still no resolution, the matter should be brought to the attention of the
Chief Executive.
469 </li>
470 </ol>
471 <p>
471 The IRO has the authority to refer the case to CAFCASS where they consider it appropriate to
do so and must consider a referral to CAFCASS where, having drawn any failures as set out
above to the attention of persons of appropriate seniority in the Local Authority, the
issues have not been addressed to their satisfaction within a reasonable period of time.
471 </p>
472 <p>
472 <a href="files/outcome_resolution.doc" target="_blank" rel="noopener">
472 Outcome Resolution Log
472 </a>
472 </p>
473 <p>
473 <a href="files/star_decision_outcome.pdf" target="_blank" rel="noopener">
473 Starred Decisions and Outcome Resolution
473 </a>
473 </p>
474 </div>
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