Amendments
September 2023
| Updated Chapters | |
| Chapter Name | Details |
| Capacity and Consent | Amendments have been made to reflect case-law in relation to assessing legal capacity. |
| Care and Supervision Proceedings and the Public Law Outline | Information in relation to Supervision Orders, in line with Public Law Working Group (PLWG) Recommendations to Achieve Best Practice in the Child Protection and Family Justice Systems: Supervision Orders has been added into Section 4, Care Orders and Supervisions Orders on a Care Plan of the Child Remaining at Home. |
| Children and Young People Aged 0-25 with Special Educational Needs and Disabilities | This chapter has been updated. Information in relation to legal aid for foster carers and prospective adoptive parents in First Tier Tribunal appeals has been added into Section 15, Resolving Disagreements. |
| Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery | This chapter has been updated. Information in relation to the National Age Assessment Board has been added into Section 4, Assessment. |
| Decision to Look After | Section 3, Section 20 Accommodation has been updated in line with case-law. |
| Placements in Other Arrangements | This chapter has been updated throughout to reflect supported accommodation for 16-17 year olds becoming regulated by Ofsted. |
| Remands to Local Authority Accommodation or to Youth Detention Accommodation | This chapter has been amended to include information from Annex to MOJ Circular 2022/03: Additional Information on Remand to Local Authority Accommodation (RLAA). |
| Health and Safety | Information in relation to allergies has been added into Section 6, Diet, Nutrition and Allergies. |
| Contact with Parents/Adults and Siblings | Clarification has been added to Section 1, Approving And Planning Contact concerning the need to complete a risk assessment where overnight contact is requested. |
| Supporting the Education and Promoting the Achievement of Children with a Social Worker, Looked After and Previously Looked After Children | This chapter has been added to the manual to replace one previously entitled Education of Looked After and Previously Looked After Children. The information in this chapter has been revised and extended to include guidance on school exclusions. |
| Health Care Assessments and Plans | Information in relation to allergies has been added into Section 4, Health Plans. |
| Marriage/Civil Partnership of a Looked After Child | This chapter has been amended to reflect that the Marriage and Civil Partnership (Minimum Age) Act 2022 raised the age of marriage and civil partnership to 18 in England and Wales, with effect from 26 February 2023. |
| Leaving Care and Transition | This chapter has been amended, to note that with effect from 1 April 2023, the leaving care allowance increased from 2,000 to 3,000. It has also been revised to include information from the revised Ofsted inspection framework. |
| Allegations Against Foster Carers | This chapter has been amended in line with revised Keeping Children Safe in Education. A new Section 2, The Difference Between an Allegation of Harm and a Concern has been added. |
| Early Permanence: Fostering for Adoption, Concurrent Planning and Temporary Approval as Foster Carers of Approved Prospective Adopters | This chapter has been refreshed and a link added to National Early Permanence Practice Standards (Coram Centre for Early Permanence). |
| New Chapters and Features | |
| Chapter Name | Details |
| OFSTED inspection framework | This chapter provides details of the different inspection frameworks currently used by Ofsted. |
| Next update: March 2024 |
March 2023
| Updated Chapters | |
| Chapter Name | Details |
| Care and Supervision Proceedings and the Public Law Outline | The section on Court Hearings has been updated in line with A View From the President's Chambers: Relaunching the PLO (November 2022) and that section should be re-read. In Relevant Guidance, a link has been added to Pre-proceedings and Family Justice Hub (Research in Practice). |
| Case Records and Retention | This chapter has been revised to take into account the closure of the Independent Inquiry into Child Sexual Abuse. |
| Children and Young People Aged 0-25 with Special Educational Needs and Disabilities | This chapter has been updated to include information from Guidance: Area SEND Inspections Framework and Handbook (November 2022). |
| Placing and Visiting Children with Special Educational Needs and Disabilities or Health Conditions in Long-Term Residential Settings | This chapter has been updated to include information from the UK Social Work Practice in Safeguarding Disabled Children and Young People report. |
| Aftercare under Section 117 of the Mental Health Act 1983 | A link has been added to Self-harm: Assessment, Management and Preventing Recurrence NICE Guidance. |
| Positive Relationships and Behaviour Management | This chapter has been amended to include Ofsted feedback. Additional information has been added into Section 2, Positive Behaviour Support and Section 5.4, Recording of Sanctions. |
| Recruitment, Assessment and Approvals of Prospective Adopters | This chapter has been re-titled and additional content added to include recruitment of prospective adopters. |
| Adoption Panel | Minor amendments have been made to update the language used and improve the level of clarity. |
| Placement for Adoption | This chapter has been refreshed. |
| Adoption Support | Minor amendments have been made to update the language used and improve the level of clarity. |
| Disruption of Adoptive Placements | Minor amendments have been made to update the language used and improve the level of clarity. |
| Applications for Special Guardianship Orders | This chapter has been updated to reflect the Public Law Working Group Best Practice Guidance which addresses the lawful extension of care proceedings beyond 26 weeks in Special Guardianship cases. |
September 2022
| Updated Chapters | |
| Chapter Name | Details |
| Child Protection Enquiries (Section 47) | The time frame for a Strategy Discussion to take place has been amended to 3 days after child protection concerns were identified. |
| Care and Supervision Proceedings and the Public Law Outline | This chapter has been updated in line with Management Guidance in Public Law Children Cases: March 2022. |
| Legal Gateway/Planning Meetings | This chapter has been updated following recommendations to achieve best practice in the Child Protection and Family Justice systems. |
| Electronic Recording of Meetings and Conversations | This chapter has been updated in line with case law. |
| Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery | This chapter has been amended to note that The National Transfer Scheme Protocol for Unaccompanied Asylum Seeking Children has become mandatory for all local authorities with children's services. |
| Looked After Children and Young People in Contact with Youth Justice Services | Information has been added in relation to appropriate adults after looked after children have been arrested. |
| Decision to Look After | This chapter provides help and guidance through the process of deciding to Look After the child. |
| Placements Outside England and Wales | This chapter has been updated in line with the Cross-border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 and Cross-Border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022: Practice Guidance, Notice and Undertaking Template. |
| Remands to Local Authority Accommodation or to Youth Detention Accommodation | This chapter has been amended in line with the Police, Crime, Sentencing and Courts Act 2022. |
| Contact with Parents/Adults and Siblings | The section on supervised contact has been updated to reflect a finding by the Local Government and Social Care Ombudsman that the supervisor's observations of the contact must be clearly recorded in the child's record and shared with the parents within 3 months of the visit. |
| Positive Relationships and Behaviour Management | This chapter provides guidance on managing behaviour, which includes supporting positive behaviour, de-escalation of conflicts and discipline. |
| Fostering Panel | This chapter has been revised throughout. |
| Allegations Against Foster Carers | This chapter has been revised and updated. |
| New Chapters and Features | |
| Chapter Name | Details |
| Equality and Diversity | This procedure summarises the local authority's commitment to provide inclusive and equal services to a diverse range of children and young people, and to promote equality and diversity as part of our recruitment and employment practices. |
| Female Genital Mutilation (FGM) Policy | This chapter is to help Children's Social Care staff recognise and respond to instances of Female Genital Mutilation (FGM). |
| So-Called 'Honour' Based Violence Policy | This chapter is to help Children's Social Care staff recognise and respond to So-Called 'Honour' Based Violence (SCHBV). |
| Child to Parent/Carer Harm Policy | This chapter is to help children social care staff recognise and respond to Child to Parent/Carer Harm. |
| Aftercare under Section 117 of the Mental Health Act 1983 | This policy applies when a child or care leaver is discharged from hospital after having been detained under the Mental Health Act 1983. |
| Care Planning | This chapter addresses issues of care planning for children in the Looked After system. |
| Health and Safety | This chapter explains what needs to be in place when assessing a foster/residential home in relation to health and safety issues. |
| Risk Assessment and Planning | Risk-sensible not risk-averse practices should be followed when completing any risk assessment so a realistic and proportionate approach to risk is in place which enables children and young people to grow and learn. |
| Providing Personalised Care | This chapter provides guidance for foster carers/residential staff to enable them to meet the personalised care needs of individual children. |
| Leisure Activities | This chapter provides guidance on providing leisure activities for looked after children to ensure they are able to participate fully in age appropriate activities. |
| Training and Development of Foster Carers | This chapter explains the purpose and duties of the Fostering Service to provide appropriate training and development to foster carers. |
March 2022
| Updated Chapters | |
| Chapter Name | Details |
| Capacity and Consent | Information on consent to the use of medication to suppress puberty has been updated in line with case law. |
| Use of Social Media Sites by Social Care and Safeguarding Staff | This chapter has been revised and updated in line with best practice and case law. |
| Children and Young People Aged 0-25 with Special Educational Needs and Disabilities | The section on Resolving Disagreements has been updated in line with the First Tier Tribunal's extended powers to hear appeals and make non-binding recommendations about health and social care aspects of Education, Health and Care (EHC) plans, provided those appeals also include education elements. |
| Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery | Information has been added to note that the national transfer scheme is to become temporarily mandatory for all councils. |
| Decision to Look After and Care Planning | Information on Section 20 accommodation has been revised in line with the Public Law Working Group recommendations to achieve best practice in the Child Protection and Family Justice Systems. |
| Ceasing to Look After a Child | A note has been added regarding transferring a child's belongings inappropriate luggage and includes a link to NYAS My Things Matter report. |
| Placements with Parents | A link has been added to the Public Law Working Group Best Practice Guidance. |
| Placements in Foster Care | A note has been added regarding transferring a child's belongings inappropriate luggage and includes a link to NYAS My Things Matter report. |
| Placements in Residential Care | A note has been added regarding transferring a child's belongings inappropriate luggage and includes a link to NYAS My Things Matter report. |
| Placements in Secure Accommodation on Welfare Grounds | The information on the use of Inherent Jurisdiction to authorise a placement involving a Deprivation of Liberty has been updated in line with case law. |
| Education of Looked After and Previously Looked After Children | This chapter has been updated to reflect Keeping Children Safe in Education (2021). Schools should have policies and processes in place to ensure all concerns about all adults working in or on behalf of the school or college (including supply teachers, volunteers and contractors) are dealt with promptly and appropriately. |
| Leaving Care and Transition | A note has been added regarding transferring a child's belongings inappropriate luggage and includes a link to NYAS My Things Matter report. |
| New Chapters and Features | |
| Chapter Name | Details |
| Placements in Other Arrangements | This chapter has been added to the manual. |
September 2021
| Updated Chapters | |
| Chapter Name | Details |
| Capacity and Consent | This chapter has been updated to reflect a High Court judgement that consent to life-ending withdrawal of medical support for a child will require an application to the High Court. |
| Contacts and Referrals | The guidance in this chapter has been reviewed and updated as required to reflect guidance from the refreshed Working Together to Safeguard Children. |
| Child and Family Assessments | This chapter has been amended to add a new section on 16 and 17 year olds who may be Homeless and/or require Accommodation and reflects the issue of Homelessness and the vulnerability of young people identified in Working Together to Safeguard Children. |
| Care and Supervision Proceedings and the Public Law Outline | This chapter has been amended to reflect the Practice Guidance on Special Guardianship (Family Justice Council). |
| Complaints and Representations | This chapter has been amended to reflect the Children's Statutory Complaint Process: Guide for Practitioners (Local Government & Social Care Ombudsman). |
| Children and Young People Aged 0-25 with Special Educational Needs and Disabilities | This chapter has been amended and the section on resolving disagreements has been updated to reference recent case-law holding that, as part of the mediation process, a parent/child/young person is entitled to bring along any supporter they wish, including a lawyer. |
| Short Breaks | Information has been added in relation to the prohibition on looked after children under the age of 16 being placed in "other arrangements placements" for the purposes of the short break. |
| Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery | A link has been added to the Independent Child Trafficking Guardians Referral Form. In areas where the ICTG service has been implemented, if the social worker considers a child to be a potential victim of modern slavery, they should refer them to the ICTG service by completing the online referral form. Section 6.1, Placement Options has been updated in relation to placements in 'other arrangements'. Section 4, Assessment has been updated in relation to Age Assessments. |
| Families with No Recourse to Public Funds Policy and Procedure | This chapter has been updated with additional information added to the accommodation and financial support sections. |
| Relinquished Children | This chapter has been updated to reflect case law setting out lessons for the future in non-notification cases. |
| Criminal Injuries Compensation Authority Claims for Looked After Children | This chapter has been generally revised and a link added to House of Commons Library Briefing Paper: Criminal Injuries Compensation for Victims of Child Abuse. |
| Placements with Parents | Information has been added on placements in "other arrangements". |
| Placements in Residential Care | This chapter has been updated to note that from September 2021 looked after children under 16 years of age cannot be accommodated in unregulated independent or semi-independent placements. |
| Placements in Secure Accommodation on Welfare Grounds | A new Section 10, Use of Inherent Jurisdiction to Authorise a Placement Involving a Deprivation of Liberty When One or More of the Relevant Criteria Under Section 25 Children Act 1989 are Not Satisfied. |
| Out of Area Placements | The section on placements in Wales has been updated in line with updated Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review. |
| Placements Outside England and Wales | The sections on placements in Scotland, Northern Ireland, Isle of Man and Guernsey have been updated with additional information in the light of a High Court case. |
| Remands to Local Authority Accommodation or to Youth Detention Accommodation | Information has been added in relation to children under the age of 16 being placed in 'other arrangements' placements. |
| Delegation of Authority to Foster Carers and Residential Workers | This chapter has been updated to reflect a High Court judgement that consent to life-ending withdrawal of medical support for a child will require an application to the High Court. |
| Advocacy and Independent Visitors | This chapter has been updated throughout. |
| Education of Looked After and Previously Looked After Children | This chapter has been updated to reflect changes from the revised Working Together to Safeguard Children. In Section 6, When a Child Needs or Joins a New School information has been added on the School Admission Code. |
| Holidays and School Trips In and Outside the UK | This guidance has been reviewed and updated throughout. Section 2.3 Insurance Cover has been updated to include details of how to apply for a Global Health Insurance Card (GHIC) which provides access to reduced cost or free medical insurance in the EU, Iceland, Liechtenstein, Norway or Switzerland. Section 2.4, Passport has also been updated to link to reissued Home Office guidance for Local Authorities Children's Services Departments when Applying for Passports on Behalf of Children. |
| Leaving Care and Transition | This chapter has been updated with a link to Joint Housing Protocols for Care Leavers: good practice advice (DfE and MHCLG) to support the development of joint protocols that can help local authorities to meet the accommodation needs of care leavers. Section 6, Pathway Planning has been updated to note that, in relevant cases, immigration status should be included as a separate section on the Pathway Plan. This will help to ensure that young people who have been granted Pre Settled Status under the EU Settlement Scheme apply to convert this to Settled Status at the appropriate. Pathway Plans should contain clear information about what action needs to be taken by whom and when to ensure that the young person's right to remain legally in the UK is not jeopardised. Additional content has therefore been added in a new Section 8, Joint Housing Protocols for Care Leaver as well as Section 7, Reviews of Pathway Plans and Section 13, Where Care Leavers Live or Move to a Different Local Authority Area. |
| Responsibilities of the Local Authority to Former Looked After Children and Young People in Custody | This chapter has been updated to reflect the Section 2.6, Care leavers leaving custody in Joint Housing Protocols for Care Leavers: good practice advice (DfE and MHCLG). |
| Access to Birth Records and Adoption Case Records | Information has been added on applying for a copy of a birth certificate online. |
| Applications for Special Guardianship Orders | This chapter has been amended to reflect the Practice Guidance on Special Guardianship (Family Justice Council June 2020). |
| Court Reports in Placement Order Applications and Adoption/Special Guardianship Guidance | This chapter has been amended to reflect the Practice Guidance on Special Guardianship (Family Justice Council June 2020). |
April 2021
| Updated Chapters | |
| Chapter Name | Details |
| Families with No Recourse to Public Funds Policy and Procedure | This chapter has been revised throughout. |
March 2021
| Updated Chapters | |
| Chapter Name | Details |
| Planning and Review | This chapter has been updated to amend timescales for reports, timescales for CIN meetings, and the stepping down of cases. |
| Placements in Secure Accommodation on Welfare Grounds | A revised link has been added to Secure Children's Homes. |
| Assessment and Approvals of Foster Carers | A revised link has been added to Prepare for a review panel: adopters and foster carers. |
| Review and Termination of Approval of Foster Carers | A revised link has been added to Prepare for a review panel: adopters and foster carers. |
| Assessment and Approvals of Prospective Adopters | A revised link has been added to Prepare for a review panel: adopters and foster carers. |
| New Chapters and Features | |
| Chapter Name | Details |
| Children Living Away from Home | This chapter has been added to the manual. |
