3.3.1 Looked After Reviews |
RELATED READING
Appointment and Review of Independent Reviewing Officers Procedure
Independent Reviewing Officers - Dispute Resolution Process and Route for Referring Cases to CAFCASS
AMENDMENT
This chapter was amended in October 2011 to reflect the Care Planning, Placement and Case Review (England) Regulations 2010 and Associated Guidance(including the IRO Handbook). In particular Section 2, Frequency of Looked After Reviews, Section 5, Invitations, Section 9, Chairperson’s Responsibilities and Section 12, Postponement of Looked After Reviews have been updated; and Section 11, Looked After Reviews on Children with Child Protection Plans, Section 13, Review Decisions and Section 14, Adjournment of Looked After Reviews.
Contents
- The Purpose of Looked After Reviews
- Frequency of Looked After Reviews
- Chairing of Looked After Reviews
- Convening and Coordinating Looked After Reviews
- Invitations
- Role of the Social Worker
- Contributions and Reports
- Advocates and Supporters
- Chairperson’s Responsibilities
- Role of the Looked After Review in Achieving Permanence for the Child
- Looked After Reviews on Children with Child Protection Plans
- Recording of Looked After Reviews
- Review Decisions
- Adjournment of Looked After Reviews
- Postponement of Looked After Reviews
Appendix - LAC Review Monitoring Form
1. The Purpose of Looked After Reviews
The purpose of a Looked After Review is to:
- Ensure that adequate plans are in place to safeguard and promote the overall welfare of Looked After Children in the most effective way and achieve Permanence for them within a timescale that meets their needs;
- Ensure plans are being progressed effectively;
- Ensure appropriate communications take place;
- Make decisions, as necessary, for amendments to those plans to reflect any change in circumstances;
- To ensure the needs of children looked after as a result of a secure remand are met;
- To ensure that an Eligible Young Person moving into semi-independent accommodation is ready and prepared to move.
Significant changes in the Care Plan can only be made at a Looked After Review.
It is important that decisions taken at Reviews are implemented and that responsibility for actions is clearly defined.
The key plans that should be considered at a Looked After Review are Care Plans, Health Action Plans, Pathway Plans and Personal Education Plans. Additional service plans, such as Placement Plans / Placement Information Records, may also be considered.
2. Frequency of Looked After Reviews
Looked After Reviews should be convened at the following intervals:
- An Initial Looked After Review should be conducted within 20 working days of the child being Looked After and, in the event of a change of placement, within 20 working days of the new placement
- The Second Looked After Review should be conducted within three months (91 days) of an Initial Looked After Review
- Subsequent Looked After Reviews should be conducted not more than six months (183 days) after any previous Review.
- The Independent Reviewing Officer may agree to convene a Looked After Review at any time where there has been a change in circumstances or where requested by the child, parent(s) or any other significant person.
Looked After Reviews should be brought forward in the following circumstances:
- As soon as practicable where a child is moved from one placement to another on an unplanned basis or a significant change in the circumstances of a child suggests his/her placement is no longer appropriate;
- Where a significant change to the child's Care Plan is required;
- Where the Independent Reviewing Officer requests that such a review should be convened, for example, upon the request of the child, parent(s) or any other significant person;
- Where, as a result of a visit, the social worker’s assessment is that the child’s welfare is not being adequately safeguarded and promoted;
- Where a review would not otherwise occur before the child ceases to be detained in a YOI or secure training centre, or accommodated on remand;
- Where the local authority proposes to cease to provide accommodation for a looked after child.
NB In relation to the usual timescales, if staff round these up to 1, 3 and 6 month intervals they may fall out of the required timescales by one or two days. A review calculator is available to help calculate the due date of the next review and should be used to ensure accuracy.
C68 measures performance in terms of the timeliness of Looked After Reviews. It is measured from 1st April to 31st March each year. It is important to note that if one review is late in any given year then even if subsequent reviews are held on time the child concerned will fail the indicator for that year. Furthermore the timeliness of reviews is measured against the latest recorded review in the previous year. So if a child had an ongoing review on 1st April its timeliness would be measured against the last review in the previous year.
3. Chairing of Looked After Reviews
An Independent Reviewing Officer will be designated to chair all Looked After Reviews for a particular child.
In the event of the Independent Reviewing Officer not being available to chair a review, the social worker’s Team Manager should chair the review meeting and advise the Independent Reviewing Officer of the outcome as soon as practicable thereafter (see Section 12, Postponement of Looked After Reviews).
4. Convening and Coordinating Looked After Reviews
As soon as a child becomes Looked After, the child’s social worker will notify their team administrator, who will liaise with the Independent Chairs/Quality Assurance Unit.
N.B. The child’s placement and legal status should have been loaded onto Framework-I by the administrator - see relevant Placement Chapter.
An Independent Reviewing Officer will be appointed for the child and the team administrator will arrange, in consultation with the Independent Reviewing Officer, the child and the child’s social worker, a date for the Initial Looked After Review within 28 days of the date when the child first became Looked After.
The team administrator will arrange a venue and enter the scheduled date on Framework-I.
Dates for subsequent Looked After Reviews will be set at the conclusion of each Review. If the arranged date needs to be changed for any reason, including where a change in circumstances indicates the need for an earlier Review date, the social worker should notify and arrange this directly with the Independent Reviewing Officer and the Quality Assurance Unit will inform the other participants.
The team administrator is responsible for booking the venue for all Reviews.
Should the child cease to be Looked After before the Review date, the social worker will notify the Independent Reviewing Officer in order that the arrangement can be cancelled.
See also Section 15, Postponement of Looked After Review.
5. Invitations
Discussion should take place between the social worker and the child (subject to age and understanding) at least 20 working days before the meeting about who the child would like to attend the meeting and where the meeting will be held. Whenever possible the parent/carer should be included in these discussions too. Where the child is unable to contribute to the decisions, for example because of their young age, the parents’ views should be sought.
In consultation with the child and others as above, as well as with the Independent Reviewing Officer, the social worker will draw up an invitation list of the relevant people to attend the Review. Invitations to reviews and consultation documents should be sent out to all those participating in the review at least 10 working days before the meeting.
The following people should normally be considered:
- The child, parents, carers and any significant people or specialists involved in the child’s case
- The most appropriate teacher at the child’s school (usually the Designated Teacher for looked after children)
- A Personal Adviser, if the child is approaching the age of 16 or over 16
- An Independent Visitor, if involved
- The link worker for the foster carer
- The child’s key worker or manager from the residential unit
- The Children’s Guardian if one has been appointed
- Any other person thought to be relevant e.g. current carer, health care professional, GP, a representative from the Local Authority in whose area it is proposed that the child will be placed
- The officer with lead responsibility for implementing the authority’s duty to promote the educational achievement of its’ looked after children.
Children and parents should also be informed that they can meet the Independent Reviewing Officer separately if they wish or bring an advocate, supporter or interpreter to the Review. See Section 8, Advocates and Supporters.
A decision not to invite a child or parent(s) to a Review should only be made in consultation with the Independent Reviewing Officer prior to the Review. The decision should be recorded, together with reasons, on the Review of Arrangements Form.
The social worker should send an invitation list for the Review to the team administrator at least one month prior to the Review date (except in the case of the first review, when the list will be drawn up as soon as practicable after the child becomes looked after). The team administrator will send out invitations to those on the list and send out Viewpoint Consultation Forms as appropriate (see Sections 6, Role of the Social Worker and Section 7, Contributions and Support).
Where an invited person cannot attend, the Independent Reviewing Officer may agree that a delegate attend instead.
6. Role of the Social Worker
Before arrangements are agreed, the child’s social worker must discuss the purpose of the Review with the child, parents and carers and consult them about a suitable date, venue and invitations at least 20 working days before the review meeting.
The social worker must ensure that the child’s case records are up to date, and that any changes in household membership are clearly recorded.
The child and parent(s) should be encouraged and supported by the social worker to prepare for the Review, in writing using Viewpoint or other ways if they wish, for example by seeing the Chair separately. The Independent Reviewing Officer should agree with the social worker how this will be achieved.
After the Review, the social worker is responsible for updating the Care Plan in relation to any changes agreed at the review. The social worker should also update the Permanence Plan, the Health Action Plan and Personal Education Plan as required, and for arranging for a Pathway Plan to be completed, if relevant.
The social worker should also ensure that arrangements are in place to conduct a Placement Plan Review, if necessary.
7. Contributions and Reports
Two weeks before the Review, the child’s social worker must ensure that the child has had the opportunity to set out their views, either through Viewpoint or other means if they would prefer. It should be explained that View point will not be sent to the social worker or the carer.
Where Viewpoint questionnaires are completed on-line, the team administrator should arrange for them to be sent to the social worker’s manager and the Independent Reviewing Officer prior to the Review.
Where the child is placed in a foster home or in residential care, the foster carer or a representative of the home should be asked to contribute a report in writing; a LAC Consultation Paper is available for the purpose but a separate report may be prepared.
The social worker must send the following documents to the Independent Reviewing Officer at least 2 days before the Review date (unless otherwise agreed with the Independent Reviewing Officer as indicated below):
- A copy of the completed LAC Children’s Review of Arrangements Form;
- Any other written contributions from those invited to attend;
- An updated chronology, Care Plan, Personal Education Plan, Pathway Plan (if relevant) and Health Action Plan.
- The Review Monitoring Form
The Review of Arrangements Form should also be circulated to all participants at least one working day before the Review date. Any other reports to be presented at the Review should also be shared with the child and parents in advance of the meeting.
The child’s social worker will agree a time to meet the Independent Reviewing Officer before the Review. (This can be on the day of the Review if both agree.)
8. Advocates and Supporters
The social worker and Independent Reviewing Officer should consider prior to the Review whether either the child or parent(s) would benefit from the presence of an advocate or supporter and if so, the social worker should ensure the necessary arrangements are made. An advocate/supporter may be either an advocate on behalf of the child or a supporter for the parent(s) or a person with specialist skills or knowledge.
It may also be necessary 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.
In all the circumstances listed above, as well as in others not specified, the social worker will ensure that relevant individuals are invited to the Review, having first discussed the situation with the Independent Reviewing Officer.
Any request by the child or parent(s) for their legal adviser to attend as their supporter should be notified to the Independent Reviewing Officer prior to the Review and arrangements made where appropriate for the attendance at the Review of a local authority legal adviser.
9. Chairperson’s Responsibilities
See also Appointment and Review of Independent Reviewing Officers Procedure.
An Independent Reviewing Officer will chair all Looked After Reviews.
The Chairperson is responsible for ensuring that all relevant people, including the child and parents, understand the purpose of the Review, have been given appropriate opportunities to contribute and express their views and that the review takes account of their views.
In relation to a child who wishes to bring proceedings on his/her own account, the Independent Reviewing Officer must assist the child to obtain legal advice and/or establish whether an appropriate adult can assist.
The Independent Reviewing Officer must also ensure in appropriate cases that an application has been made to the Criminal Injuries Compensation Board on the child’s behalf.
Any differences of opinion should be recorded in the Review of Arrangements Form (in the section ‘Record of Discussion’). These should be referred to the social worker’s Team Manager for possible resolution, and if necessary, to the social worker’s Service manager and the Service Manager of the Quality Assurance Unit. (Where the Independent Reviewing Officer remains dissatisfied that the plan for the child has not been appropriately implemented, he/she may refer the matter to CAFCASS.) For further details, please refer to Independent Reviewing Officers - Dispute Resolution Process and Route for Referring Cases to CAFCASS Procedure.
Where participants’ views are not followed, an explanation of the reasons why will be provided by the Independent Reviewing Officer or the social worker.
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 Looked After Review and arrange to meet the child as appropriate in advance of subsequent Looked After Reviews.
If the parent(s) or the child brings an advocate or supporter, the Independent Reviewing Officer will need to explain the role, ensuring that they understand that they may clarify information but may not cross-examine any contributor.
The agenda for each Review will be agreed at the beginning of the meeting and each participant will be invited to contribute their own items to the agenda and have the opportunity to contribute to the discussion.
Each Review will set a date for the next Review.
It will be necessary for the Independent Reviewing Officer to ensure decisions are clear about who is responsible for action and the timescales agreed for completion and that the following are considered and accounted for during the Review:
- 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;
- Whether any change should be sought in the child’s legal status;
- Whether there is a plan for permanence;
- 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;
- 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;
- 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 his/her 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;
- The child’s leisure interests and activities and whether the arrangements are meeting his/her needs;
- 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;
- 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;
- Whether the arrangements for advice, support and assistance continue to be appropriate and understood by the child;
- Whether any arrangements need to be made for the time when the child will no longer be looked after;
- 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;
- Where the child is placed with parents before an assessment is completed, the frequency of the social worker’s visits.
10. Role of the Looked After Review in Achieving Permanence for the Child
The Independent Reviewing Officer 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. At all stages, the need for Twin Track Planning should be considered.
At the second Looked After Review, there is a requirement to focus on the requirement for the Care Plan to provide a permanent plan for the child within a timescale that is realistic, achievable and meets the child’s needs; a Contingency Plan and the need for Twin Track Planning should also be considered.
At the third Looked After Review there will be a need to consider whether the Contingency Plan should become the preferred plan 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 practice manager.
No further rehabilitation plan should be recommended unless there are exceptional reasons justifying such a plan or where the Court has directed a further assessment. In this case, Twin Track Planning, involving the active pursuit of an alternative placement for the child, will be required.
All subsequent Reviews should review the progress and validity of the Permanence Plan.
For further details in relation to the process where plans have not been implemented as agreed, please also see Independent Reviewing Officers Dispute Resolution Process and Route for Referring Cases to CAFCASS.
11. Looked After Reviews for Children with Child Protection Plans
Where a looked after child 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.
Consideration should be given to the IRO chairing the Child Protection Conference where a looked after child 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.
The timing of the review of the child protection aspects of the Care Plan should be as in Section 2, Frequency of Looked After Reviews above.
The Looked After 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.
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.
12. Recording of Looked After Reviews
The Independent Reviewing Officer is responsible for summarising the discussions and recommendations of the Review on the Review of Arrangements Form, and preparing minutes. A written record of the decisions and recommendations will be completed and circulated by the IRO to all participants within 5 working days of the meeting.
The Independent Reviewing Officer will complete the LAC Review Monitoring Form and return to the child’s social worker on the day of the review. (See Appendix - LAC Review Monitoring Form)
The child’s social worker must ensure that any changes to key information on the case are passed to the team administrator for loading onto Framework-I.
The Independent Reviewing Officer will send the Review of Arrangements Form to the social worker’s Team Manager who will read and sign it (within two weeks of the review being held). The Team Manager will send the Review of Arrangements Form and the Review Monitoring Form to the Service Manager responsible for the case. The Service Manager will sign and ratify the Review of Arrangements Form and return it to the Team Manager (within four weeks of the review being held).
Once the Service Manager has signed off the Review of Arrangements Form, the team administrator will arrange for copies to be sent to those on the invitation list, together with confirmation of the next review date.
In addition the Independent Reviewing Officer will send the completed Review of Arrangements Form, minutes and the Monitoring Form to the Service Manager for Looked After Children.
The full written record of the review will be completed within 15 working days of the review. Once the Service Manager has signed and ratified the Review of Arrangements Form and minutes, the team administrator will arrange for copies to be sent to those on the invitation list within 20 working days of the completion of the review, together with confirmation of the next review date.
The child’s social worker must ensure that any changes to key information on the case are passed to the team administrator for loading onto Framework-I. The social worker must also ensure that the Essential Information Record is updated and the following have been revised after the Review as appropriate and copies forwarded to the Independent Reviewing Officer and other participants:
- The child’s Care Plan, Health Action Plan and Personal Education Plan
- The child’s Pathway Plan (if applicable)
- The child’s Placement Plan / Placement Information Record.
13. Review Decisions
A team manager should consider the decisions made at each Looked After Review within five working days of receiving them and to advise the IRO and all those who attended the review if they are unable to agree them.
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.
If the team manager disagrees with any of the decisions within that initial five working day period, this should be notified in writing to the IRO and all those who attended the review.
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 dispute resolution process - see Independent Reviewing Officer - Dispute Resolution Process and Route for Referring Cases to CAFCASS Procedure.
14. Adjournment of Looked After Reviews
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.
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.
No proposal under consideration at the adjourned review can be implemented until the review has been completed.
15. Postponement of Looked After Reviews
- Review dates cannot be changed from the agreed date, except in exceptional circumstances
- Where a social worker wishes to change the date of a Review they should first of all contact the Independent Reviewing Officer to discuss the options.
- Where the allocated social worker is ill or not available for a scheduled Looked After Review, the social worker’s Team Manager should attend the Review in the allocated worker’s absence to present the summary of work and report.
- If the case is not allocated, a manager known to the child should attend the Looked After Review to provide the necessary information to enable the Review to go ahead within the required timescale. This may involve the manager meeting with the child before the Review.
- Where the foster home is the venue for the Review and the foster carer is ill on the scheduled date, the Review should go ahead as planned but at another venue and the foster carer’s link social worker should be invited to provide information about the placement.
- If an older child who is expected to attend is ill or unable to attend due to another important/unavoidable commitment, the Review should wherever possible be rescheduled within the required statutory time-scale.
- Should the child not attend as agreed/expected, the Review should go ahead as planned and the Independent Reviewing Officer should advise the child in writing of the outcome and offer a face-to-face meeting to explain the recommendations and hear any representations from the child.
In the light of any representations from the child, the Independent Reviewing Officer may make amendments to the recommended plan following consultation with key members of the Review (this may be done in writing or by phone).
- If a parent or significant family member who should be present is unable to attend, the Review should go ahead but every effort should be made to seek their views in advance of the meeting. The Independent Reviewing Officer should write to them after the Review, explain the recommendations of the Review and offer a face-to-face meeting.
- If the Independent Reviewing Officer is ill at the time of a scheduled Looked After Review, the social worker’s Team Manager may chair the Review and discuss the recommendations with the Independent Reviewing Officer before they are endorsed.
- Postponement of more than one Review per year should be referred to the Service Manager for the Quality Assurance Unit to consider what, if any further action should be taken.
NB Currently two indicators are used to measure performance on Looked After Reviews:
- C68 The percentage of reviews held on time within a given year
- C69 The percentage of young people aged 4 plus who participated in their review in a given year
These indicators are measured from 1st April to 31st March each year.
It is important to note that if one review is late in any given year then even if subsequent reviews are held on time the child concerned will fail the indicator for that year. Furthermore the timeliness of reviews is measured against the latest recorded review in the previous year. So if a child had an ongoing review on 1st April its timeliness would be measured against the last review in the previous year.
Appendix - LAC Review Monitoring Form
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