3.3.1 Child Looked After Review

SCOPE OF THIS CHAPTER

CLA Reviews may not be cancelled in any circumstances without the explicit permission of the Children's Service Manager or in his absence, the Service Director.

Detailed Guidance on recording Looked After Reviews on the ICS System can be seen in ICS Detailed Guidance, Section 22.0.

AMENDMENTS

This chapter was significantly amended in August 2010 to take account of the Care Planning, Placement and Case Review (England) Regulations 2010 and should be read in its entirety.

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
Independent Reviewing Officer's Responsibilities
Role of the Looked After Review in Achieving Permanence for the Child
Looked After Reviews on Children Who are the subject of Child Protection Plans
Recording of Looked After Reviews
Postponement of Looked After Reviews
Review Decisions

1. Purpose of Looked After Reviews

A Looked After 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.

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; to ensure plans are being progressed effectively; to ensure appropriate communications take place; and to make recommendations, 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 and to ensure that an Eligible Young Person moving into semi-independent accommodation is ready and prepared to move. The review meeting is not a planning meeting but rather a review of the Care Plan which should have been formulated within regular Care Planning meetings.

No Significant changes in the child or young persons Care Plan should be made until these have been discussed at a review, except in cases of emergency, i.e. the disruption of a placement, which should be notified to the Independent Reviewing Officer (IRO) immediately.

The key plan that should be considered at a Looked After Review is the Care Plan which incorporates the, Health Care Plans, Pathway Plans, Placement Plans, and Personal Education Plans (PEP)s. Additional service plans available at the placement may also be considered.

The review meeting must be made aware of any concerns around the child's placement, health, educational attendance and attainment, and any involvement in anti-social behaviour and offending. The Independent Reviewing Officer must ensure that any such concerns are being properly addressed, and must follow issues not resolved in the review via the Independent Reviewing Officer’s dispute resolution process (issues log and/ or tracking meeting with individual teams).

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
The Second Looked After Review should be conducted within three months of an Initial Looked After Review
Subsequent Looked After Reviews should be conducted not more than six months after any previous Review.
Following the making of a Placement Order to secure permanence for a child through adoption, a review must be held within 3 months, and every 6 months thereafter.
For children subject of a Placement Order, if not placed for adoption within nine months of the date of the order the review must consider what steps should then be taken to expedite the plan for adoption, or whether the plan should be reconsidered. If the recommendation is to abandon the adoption plan, the child's allocated social worker is to provide an update report to the Adoption and Permanence Panel and following the decision of the panel and agency decision maker an application must be made to the court to revoke the Placement Order.
When a child is placed for adoption a review must be held within 20 working days, then within 3 months, then within 6 months until the Adoption Order is granted.
It is recognised that potentially the vulnerability of any child who is placed outside the Local Authority boundary may be increased due to the distance they are away from family, friends, cultural and support networks, this potential may be increased or decreased dependant upon age and individual circumstances. Consequently, in Knowsley any child who is aged 14 years and under who is place in a residential setting outside the Authority boundary will be afforded the added protection of a statutory review every 3 months. In addition any child placed in a independent fostering agency setting and who has experienced 3 moves or more in any 12 month period will also have the benefit of a statutory looked after review every 3 months.

These are minimum requirements only. The Independent Reviewing Officer may request to convene a Looked After Review at any time where there has been a change in circumstances:

A review must be convened in the following circumstances, prior to any of the following changes being implemented:

Whenever there is a proposal for a child to leave care before the age of 18, i.e. for the child to become a relevant child, rather than an eligible child respectively (see section 23A and Schedule 2, paragraph 19B of 1989 Act - see Annex 3);
Wherever there is a proposal for the child to move from foster care, a children’s home or other placement, to supported lodgings, or to other kinds of ‘semi independent’ or ‘independent living’ before the age of 18 (i.e. from accommodation regulated under the Care Standards Act to unregulated accommodation);
Prior to children subject to care orders being discharged from custody;
Wherever any unplanned change is proposed to a child’s accommodation that would have the effect of disrupting his/her education or training;
Where a change of placement is proposed that would interrupt the arrangements for the education of a child in Key Stage 4; and
Where a change of placement is proposed for a child who has remained settled and established with the same carer for a significant period of time.

These are minimum requirements only. The Independent Reviewing Officer may request to convene a Looked After Review at any time where there has been a change in circumstances:

Where requested by 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.

Where there has been a significant change in circumstances, for example a change of placement, change of plan, significant change in risk factors or the start of any Court proceedings, it is the social worker’s responsibility to inform the Independent Reviewing Officer so that they can discuss and consider the need for an early Review.

Where a child or young person has been made subject of a care order, the child's allocated social worker must ensure that a copy of the Care Plan agreed in court is passed to the Independent Reviewing Officer within 7 days. The Independent Reviewing Officer will then decide on when to convene the first review following proceedings, however this should not be outside statutory guidelines. All court directions within care proceedings should be made available to the Independent Reviewing Officer via Knowsley MBC Legal Services Department.

3. Chairing of Reviews

Each child looked after will have a named Independent Reviewing Officer who will chair all their Looked After Reviews. An Independent Reviewing Officer will be allocated to each looked after child within 5 days of their becoming looked after

It is the responsibility of IRO's to chair the review meetings of all looked after children. Reviewing must be understood as a flexible process that will vary in relation to each child. It may be one standalone meeting attended by all the relevant people in the child’s life, or a number of meetings, with one central meeting attended by the IRO, the child, the social worker and some of the relevant adults in the child’s life. It will be for the IRO and the social worker, in consultation with the child, to agree the best way to manage the process for each child before each review.

The way in which a review is conducted will be recorded within the child’s case record.

4. Convening and Coordinating Looked After Reviews

As soon as the child is recorded in Protocol as being ‘Currently Looked After’ the following tasks appear in the social worker’s work tray:

Create Child Looked After Care Plan (including Placement Plan, Health Plan, PEP)
Child Looked After Review - Write Meeting Review Meeting Worker’s Report
Current Episode of Care

In addition the task to 'Arrange Child Looked After Review Meeting’ is automatically sent to the Quality Assurance Unit Group tray.

The review must be child-centred and discussion should take place between the social worker and the child at least 20 working days before the meeting about who the child would like to attend the meeting and about where the meeting will be held. This allows time for subsequent discussion about attendance and venue between the IRO and the social worker 15 days prior to the review and for written invitations to be sent out within 10 days before the review by the BSA’s in QAU. The involvement of the child will be subject to his/her age, understanding and welfare. The possibility of a child being accompanied to a review meeting by an advocate should be considered.

Dates for subsequent Looked After Reviews will be set at the conclusion of each Review in consultation with the child.

If the arranged date needs to be changed for any reason listed above , including where a change in circumstance or significant event indicates the need for an earlier Review date, having discussed this with their Team Manager, the social worker should notify and arrange this directly with the Independent Reviewing Officer.

Should the child cease to be Looked After before the Review date, the social worker will notify the Independent Reviewing Officer immediately in order that a review can be held.

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.

Support to help the child complete a consultation document prior to the review may be provided to the child by a range of individuals involved in their care, including an independent advocate if requested. The consultation document completed by the child should be returned to the Independent Reviewing Officer prior to the review. The social worker should support the parent in completing the consultation document.

Where the child requires additional support to contribute to their review, for example younger children or children with a disability then the decision making process should be clear on how their views are sought by professionals supporting them in this process.

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.

The following people should normally be considered:

The child, parents, carers, those with any Parental Responsibility and any significant people or specialists involved in the child’s case
A representative from the child’s school (usually the Designated Teacher)
The officer with lead responsibility for implementing the authority’s duty to promote the educational achievement of its looked after children.
The child’s named health visitor or school nurse
A Personal Adviser, if the child is approaching the age of 16 or over 16
An Independent Visitor, if involved
The supervising social worker for the foster carer
The child’s key worker or manager from the residential unit
Any other person thought to be relevant e.g. current carer, health care professional including LAC nurse, GP, or a representative from the Local Authority in whose area it is proposed that the child will be placed.

The primary focus must be on who the child wishes to be present and the Review should be kept as small as possible. It may be appropriate to request written contributions from agencies rather than invite them to attend. Consideration can be given to holding a series of meetings.

Parents should receive a consultation document with their invitation. They should offered assistance to complete the consultation form if it is required.

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 the invitation list for the Review to the Quality Assurance Unit Business Support Assistant staff as soon as it is agreed prior to the Review date The Quality Assurance Unit Business Support Assistant staff will send out invitations to those on the list and send out Consultation Forms as appropriate (see Sections 6, Role of the Social Worker and Section 7, Contributions and Reports).

6. Role of the Social Worker

The social worker should convene care planning meetings on a regular basis, and prior to each review, to ensure the care plan (placement plan, PEP, HAP) presented at the review is appropriate to meet the child’s needs.

Before arrangements are agreed for the review, the child’s social worker must discuss the purpose of the Review with the child, parents and carers. The social worker should consult the child about a suitable date, venue and invitations at least 20 working days before the review meeting. The participation of the child should be encouraged and facilitated. The social worker and the IRO must discuss preparation for the review 15 days before the review meeting.

The Review report task appears in the social worker’s work tray when a child becomes looked after or following a review. The social worker should complete the report, carrying forward any information relevant from previous forms. This should be finalised by the social worker and authorised by the Children’s Social Care Manager. The Care Plan (which includes the Placement Plan, PEP and HAP) should also be presented at the review and should be updated within 10 days of the review. The IRO should be notified when the review report is complete. This must be at least three days in advance of the review. The social work team should circulate written copies of the report to those who are to attend the meeting.

The child and parent(s) should be encouraged and supported by the social worker to prepare for the Review. The Independent Reviewing Officer should agree with the social worker how this will be achieved. The IRO should meet with the child beforehand.

The Care plan should be shared with those people who are party to it and a copy made available to the review. Following the second review the Care Plan and review report should specify what permanence planning the child requires.

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 and arranging for the Health Care Plan and Personal Education Plan (PEP) and Placement Plan to be updated if necessary, and for arranging for a Pathway Plan to be completed, if relevant.

7. Contributions and Reports

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 which discusses the child’s progress since the last review. ;

The foster carers’ supervising social worker should assist the carers to prepare for the Review, including helping them to complete the written report if appropriate.

The social worker must make available to the Independent Reviewing Officer at least 3 days before the Review date (unless otherwise agreed with the Independent Reviewing Officer as indicated below):

Social workers Child Looked After review report (See ICS Guidance, section 22.0);
Any other written contributions from those invited to attend;
An updated Care Plan (which incorporates the Personal Education Plan (PEP), Placement Plan, Pathway Plan (if relevant) and Health Care Plan (HAP)

The social workers review report should also be circulated to all participants in advance of the Review date 3 working days before. Any other reports to be presented at the Review should also be shared with the child and parents in advance of the meeting.

The review meeting should provide an opportunity to review the care plan previously formulated within a Care Planning Meeting.

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 such as a National Youth Advocacy Service representative 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.

Children with additional needs who may require more specific support, should always be considered and appropriate assistance arranged where relevant.

In all the circumstances listed above, as well as in others not specified, the Quality Assurance Unit in discussion with the social worker will ensure that relevant individuals are invited to the Review.

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 to enable sufficient consideration to be given to legal issues.

9. Independent Reviewing Officer's Responsibilities

An Independent Reviewing Officer will chair all Looked After Reviews and monitor the appropriateness of the Care Plan (on an ongoing basis including whether any safeguarding issues arise).

The IRO 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 advise the child of his or her right to an advocate and assist the child to obtain the appointment of an advocate where there is an issue he or she wishes to take up - see Advocacy Services.

The Independent Reviewing Officer must also ensure in appropriate cases that an application has been made to the Criminal Injuries Compensation Authority on the child’s behalf.

The review report will consider whether the current plan for the child is meeting their needs and which aspects require updating or amendment.

Where participants’ views are not followed, an explanation of the reasons why will be provided by the Independent Reviewing Officer or the social worker.

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.

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.

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

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.

When there is a recommendation for a significant change to the child’s Care Plan the IRO will contact the case holding Children's Social Care Manager within one working day. In the event of an Independent Reviewing Officer believing that the action in relation to a child is not in their best interests, they will give one week’s notice that the Service Manager will be informed of the situation. If the situation remains unresolved the Dispute Resolution Protocol should be followed (see IRO Disputes Protocol and Flowchart - To Follow).

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 Twin Track 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 permanence plan for the child within a timescale that is realistic, achievable and meets the child’s needs; 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 Twin Track 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 Children's Social Care 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.

Once a Permanence Plan is agreed through the appropriate process and ratified by the Review, this should be recorded to allow for the appropriate implementation of a social worker’s duties and responsibilities as outlined in the care planning framework.

See Care Planning Meetings and Permanence Planning Procedure for additional approvals required depending on the planned outcome.

If the Permanence Plan is not ratified, the Review will make decisions in relation to any changes required to achieve ratification and pass to the Children's Social Care Manager for consideration. In these circumstances, the Independent Reviewing Officer will consider whether the timing of the next Review should be brought forward.

11. Looked After Reviews on Children Who are the subject of 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 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 Looked After Reviews

The Independent Reviewing Officer is responsible for recording the review and it's outcomes in Protocol, and for setting the date of the next review. The Quality Assurance Business Support Assistant will send a copy of the Review outcomes to those present at the meeting and to those who offered apologies, taking into account the wishes and feelings of the child within 20 working days.

The child’s social worker must ensure that any changes to key information on the case are recorded onto Demographics and ICS. The social worker must also ensure that the Care Plan is updated within 10 days of the review and copies forwarded to the Independent Reviewing Officer and other participants.

The review report will consider whether the care plan is meeting the child’s needs and which aspects of it require updating. The format used currently for the review report has been incorporated into the format in ICS and this will inform the IRO tracking and monitoring process which will be recorded on the child’s case record.

The decisions should have any identifying details removed as necessary, for example, exceptionally, the address of the placement.

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.

13. Postponement of Looked After Reviews

Review dates cannot be changed from the agreed date, except in exceptional circumstances, and agreed with the Service Manager.
Where a social worker wishes to change the date of a Review they should first obtain the approval from their Team manager and then contact the Independent Reviewing Officer to discuss the options. The review cannot be delayed without the explicit permission of the Children's Services Manager or in his absence, the Service Director.
Where the allocated social worker is ill or not available for a scheduled Looked After Review, the social worker’s Children's Social Care Manager should attend the Review in the allocated worker’s absence to present the summary of work and report. The Children's Social Care Manager can only nominate a deputy if that person has a working knowledge of the case.
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 worker must attend 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 or 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, another Independent Reviewing Officer or the Quality Assurance Service Manager will be asked to chair the review.
Postponement of more than one Review per year should be referred to the Quality Assurance Service Manager to consider what, if any further action should be taken.

14. Review Decisions

A designated senior member of staff (Children's Social Care Manager for the relevant team - To Follow) 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 in writing if they are unable to agree them. They should do this within a further 5 days.

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.

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 which must take no more than 20 days. This would involve completing an Issues Log copied to the Children’s Social Care Manager, Service Manager and QAU Service Manager. This would need to be recorded on the child’s case record.

The IRO now has the authority to refer a case to Cafcass ‘if the IRO considers it appropriate to do so’ Section 25B(3), 1989 Act. The IRO will encounter a wide range of situations in which there are concerns about the plan for the child or the service that is being provided. In most cases it will be possible to address these through:

Dialogue with the local authority, including access to the dispute resolution procedure;
Use of the complaints procedure, either by the child directly or by an adult who is authorised to act on the child’s behalf; and/or
Application to the court for an order under the 1989 Act, either by the child or by an appropriate adult who is able and willing to act.

When considering whether to make a referral, the IRO should have access to management advice and support in addition to independent legal advice where necessary.

End