Overnight Short Breaks

1. The Legal Basis for Short Breaks

Children may be provided with short breaks under the following legislation:

• Situation 1 - Under Section 17 Children Act 1989, in which case they are not Looked After Children, the 2010 Regulations do not apply and there is no requirement to appoint an independent reviewing officer (IRO). A child in need plan is required. Reviews should be carried out at least every 6 months and more often if required; or
• Situation 2 - Under Section 20 Children Act 1989, with short breaks of not more than 17 days each in the same setting (where the total number of placement days does not exceed 75 in any 12-month period) and/or families have limited resources to support a child whilst the child is away and may not be able to fully exercise their Parental Responsibility (See Section 2, Determining the Nature and Status of the Short Break - Assessment of Needs). In these circumstances, the child is looked after, an IRO must be appointed, and a Short Break Care Plan drawn up. The 2010 Regulations are modified (Regulation 48) so that Looked After Reviews (see Section 5, Reviews below) and Social Work Visits (see Section 6, Social Work Visits below) are less frequent and the short breaks are treated as a single placement; or
• Situation 3 - Under Section 20 Children Act 1989, where the short breaks exceed a total of 17 days per placement/75 days per 12-month period and/or take place in more than one setting. In these circumstances, the child is looked after, an IRO must be appointed and a Care Plan drawn up. The 2010 Regulations apply in full, including the provisions on frequency of Looked After Reviews (see Section 5, Reviews below) and Social Work Visits (see Section 6, Social Work Visits below).

In situations 1 and 2, the requirements which usually apply to looked after children in respect of health assessments and reports, and notification of placements, do not apply.

The legal basis on which services are provided should be clear. The decision to provide a short break under Section 17 or under Section 20 should be informed by the assessment of the child's needs and should take account of parenting capacity and wider family and environmental factors, the wishes and feelings of the child and his/her parents and the nature of the service to be provided.

The key question to ask in deciding whether to provide the short break provision under Section 17 or Section 20 is how to promote and safeguard the welfare of the child most effectively.

2. Determining the Nature and Status of the Short Break - Assessment of Needs

Before making, and when reviewing, a decision about whether to provide accommodation under Section 17 or Section 20, there should be a careful assessment of the child and family's needs that addresses:

• Particular vulnerabilities of the child, including communication method;
• Parenting capacity of the parents within their family and environmental context, taking into account any assessments undertaken on family members as carers under the Children and Family Act 2014 and the Care Act 2014, (See Section 3.2 Carer's Assessment);
• The length of time away from home and the frequency of such stays - the less time the child spends away from home, the more likely it is to be appropriate to provide the accommodation under Section 17;
• Whether short breaks are to be provided in more than one place - where the child has substantial packages of short breaks in different settings, it is more likely to be provided under Section 20;
• Potential impact on the child's place in the family and on primary attachments;
• Observation of the child (especially children who do not communicate verbally) during or immediately after the break by a person familiar with the mood and behaviour of the child (e.g. parents or school staff);
• Views of the child and parents - some children and parents may be reassured by and in favour of the status of a looked after child, while others may resent the implications and associations of the 'looked after' status. The child may benefit from having an advocate;
• Extent of contact between short break carers and family and between the child and family during the placement;
• Distance from home; and
• The need for an Independent Reviewing Officer (IRO) to monitor the child's case and to chair reviews.

3. Levels of Assessment for Overnight Short Breaks

3.1 Child's Assessment

In many situations, the child's Assessment is triggered by a request for short breaks.

A child and family assessment (Department of Health Framework for the assessment of child in need and their families) is to be completed to identify the need and level of short breaks required to meet the need.

If overnight short breaks are considered to meet the assessed need and provide positive outcomes for the child and family the process will progress with either a Child in Need plan or a looked after child plan (in line with the legislation as above). Where the child is to be Accommodated under Section 20, the relevant Accommodation papers and 'Consent' details should be completed. A Care and Placement Plan should reflect the arrangements required. (See Section 4.2, Looked After Child Short Break Care Plan).

Where children become Looked After the Independent Reviewing Unit should be advised and appropriate arrangements made for a review, depending upon whether Regulation 48 applies, (see Section 5, Reviews).

Short breaks will only be used to provide respite care for foster carers when it is in the child’s best interests, including improved stability of the child’s placement with the foster carers. Any respite care provided must take full account of the child’s needs.

Children who receive short breaks should continue to make progress in their development and acquire skills and/or new experiences.

3.2 Carer's Assessment

Parent Carers have a right to have an assessment of their own under the Children and Families Act 2014 (section 97) which requires local authorities to undertake a 'parent carers needs assessment':

• On the appearance of need; or
• Where an assessment is requested by the parent.

Where requested the local authority must assess whether that parent has needs for support and, if so, what those needs are. The assessment must include an assessment of whether it is appropriate for the parent to provide, or continue to provide, care for the disabled child, in the light of the parent's needs for support, other needs and wishes.

The assessment must also have regard to:

• The well-being of the parent carer; and
• The need to safeguard and promote the welfare of the child and any other child for whom the parent carer has parental responsibility. The information gathered through the parent carer assessment will be included in the child and family assessment and considered in the overall recommendation for support.

Services to be provided for parent carers of disabled children should be included in the Child in Need Plan and can be included in the Education, Health and Care Plan, if the child has one.

(See also Young Carers Procedure).

4. Plans

4.1 Child in Need Short Break Plan

This is applicable where short breaks are provided under Section 17 Children Act 1989.

The Child in Need Plan should be in writing and set out clearly all the services that are to be provided to meet the child's needs. Many families with disabled children receive a range of services to meet their child's needs. Wherever possible there should be a single plan which includes the full range of family support services on a multi-agency basis. The plan will show how the short break will meet the needs of the child and family identified in the assessment. It will:

• Have SMART objectives (specific, measurable, achievable, relevant, and time-based with clearly stated outcomes).
• Include the ascertainable wishes and feelings of the child and views of the family. The child may benefit from having an Advocate;
• Follow consideration of options, including but not limited to direct payments;
• State the nature and frequency of services, as far as is practicable, including health and social care in the same plan, especially if short breaks are provided from different agencies;
• Outline arrangements of reviewing the plan.
• The plan should be made available as necessary in accessible formats.

The plan should include all the information necessary to ensure the safeguarding and welfare of the child in the short break. Much information may already be available from a variety of sources including the parent-held child record. The plan should be made available as necessary in accessible formats.

4.2 Looked After Child Short Break Care Plan

This is also applicable where short breaks are provided under Section 20 Children Act 1989.

• Where, following assessment, it is agreed with the family that the child should be Looked After under Section 20 of the 1989 Act, there will be additional requirements about planning and review;
• Have SMART objectives (specific, measurable, achievable, relevant, and time-based with clearly stated outcomes);
• Include the ascertainable wishes and feelings of the child and views of the family. The child may benefit from having an Advocate;
• Follow consideration of options, including but not limited to direct payments;
• State the nature and frequency of services, as far as is practicable, including health and social care in the same plan, especially if short breaks are provided from different agencies;
• State frequency of visits.

As far as practicable, the child should be involved in agreeing the Plan.

The parents must be fully involved in all aspects of agreeing the Looked after child Care Plan.

A copy of the plan is to be sent to the parents.

5. Reviews

5.1 Reviews - All Cases

The CIN / LAC plan will be reviewed in line with SCC Childrens procedures manual. No significant change to a Child in Need Plan or a LAC Plan should be made unless it has first been considered at a review.

In each case, whether children are provided with accommodation under Section 17 or under Section 20, the review should consider whether this continues to be the most appropriate legislative basis for the service provided.

A record should be kept, recording the views of those involved in the review, decisions taken and the identity of the persons responsible for implementing them.

5.2 Children in receipt of Short Breaks under Section 17 Children Act 1989 (Situation 1)

A case review for a child who is not looked after should:

• Ensure the service(s) provided meet the needs identified in the Child in Need Plan and safeguard and promote the welfare of the child;
• Focus on outcomes for the child and family;
• Be a multi-agency review whenever possible. Different elements of a child's care package should not require a separate review;
• Include the ascertainable wishes and feelings of the child and the views of the family;
• Take place at least three monthly in line with SCC procedures. Where the child's condition is changing quickly, or there are changed family circumstances, a review could take place sooner.
• An up to date C&F assessment will be required on an annual basis to inform the review and consider if the short breaks continue to meet the need.

A review must include a face to face meeting. Generally it should be possible to include a review of short breaks with a review of other aspects of a child's health, education or development, where some of the same people will already be together.

Depending on the level of service for the child and family and the vulnerability of the child, local authorities may wish to consider including an element in the review which is independent of the service provider and those with Parental Responsibility, for example arranging for an 'independent' chair with a role similar to the role of the IRO in the case of a looked after child.

Having an Advocate and/or a transition colleague may be particularly useful for disabled young people moving towards adulthood.

5.3 Children in receipt of Short Breaks under Section 20 Children Act 1989 (Situation 2)

Reviews are less frequent than for looked after children in Situation 3:

• The first review must take place within 3 months of the start of the first placement;
• Second and subsequent reviews must take place at intervals of not more than 6 months;
• Reviews may be convened earlier, e.g. at the request of the child, parents or carer; or in cases where the child is particularly vulnerable; or where the child is provided with a high level of short breaks.

5.4 Children in receipt of Short Breaks under Section 20 Children Act 1989 (Situation 3)

The 2010 Regulations in relation to Looked After Reviews apply in full, and reviews will take place as follows:

• The first review must take place within 20 working days of the first placement;
• The second review must take place not more than 3 months after the first;
• Subsequent reviews must take place at intervals of not more than 6 months.

For further details, see the Looked After Reviews Procedure.

6. Social Work Visits

Visits should usually be undertaken by a qualified social worker and always by a person with the skills and experience to communicate effectively with the child and fulfil the functions of the visit.

Situation 1

Depending on the child circumstances the requirement may vary between 4 and 8 weeks. This decision is to be made in supervision and clearly recorded on the child's care plan.

The child should be seen in the overnight short break setting at least twice a year.

Situation 2

Visits should take place at regular intervals to be agreed with the Independent Reviewing Officer and parents/person(s) with Parental Responsibility and recorded in the Care Plan before the start of the first placement.

In any event:

• The first visit must take place within 4 weeks of the first placement day;
• Subsequent visits must take place at intervals of no more than 6 weeks for as long as the short breaks continue.

Situation 3

Visits must take place:

• Within one week of the start of the placement;
• Thereafter, at intervals of no more than six weeks for the first year and then review.

7. Short Break Settings

Following the assessment of the child and family, short breaks can be arranged in a number of settings which are subject to different registration and inspection requirements.

Looked after children under the age of 16 cannot be placed in ‘other arrangements’ placements for the purposes of a short break except where the accommodation is provided as part of a residential holiday scheme for disabled children or is one of the other exempted regulated settings under Regulation 27A Care Planning, Placement and Case Review (England) Regulations 2010:

• A care home as defined in section 105(1) Children Act 1989;
• A hospital as defined in section 275(1) of the National Health Service Act 2006;
• A residential family centre as defined in section 4(2) of the Care Standards Act;
• A school within the meaning of section 4 of the Education Act 1996 providing accommodation that is not registered as a children’s home as defined in section 105(1) Children Act 1989.

8. Providing Overnight Care in the Carer's own Home

The key to providing safe care to children in their own homes is the same as to the provision of safe care elsewhere. It is essential that safe recruitment practices are followed and staff are properly trained and supervised and that the requirements of the Disclosure and Barring Service are complied with where they apply to Regulated Activity. (See DBS referrals guide: summary of regulated activity with children).

Where the local authority provides an overnight carer in the child's own home, the child is not being provided with accommodation by the local authority and the authority is therefore providing the short break service under Section 17 Children Act 1989.

However, caring for or supervising children unsupervised, or providing Personal Care to them, will come within the definition of Regulated Activity under the Safeguarding Vulnerable Groups Act 2006 as amended by the Protection of Freedoms Act 2012, and the requirements of the Disclosure and Barring Service in relation to Regulated Activities will apply.

Best practice is that the child should be cared for by an approved local authority foster carer or support worker.

Childminders with whom the local authority places or wishes to place children overnight (or childminders wishing to take on such work) should be asked to apply for approval as local authority foster carers. It is not appropriate for the local authority to provide overnight accommodation with childminders who are not also approved foster carers.

Appendix 1: SSC Short Breaks Statement

See Appendix 1: SCC Short Breaks Statement (see Local Resources – a new version is in the process of being drafted which will be available soon).