3.3.2 IRO Disputes Protocol and Flowchart |
Contents
1. Background
The role of Independent Reviewing Officers has been formalised within the "Independent Reviewing Officers Guidance" issued by the DfES and is contained within the Adoption and Children Act 2002. This guidance supports the Review of Children's cases (Amendment) (England) Regulations 2004 which amend the Review of Children's Regulations 1991 by introducing the role of the Independent Reviewing officer (IRO) and came into force on 27.09.04.
All Local Authorities are required to have IRO's in place to chair statutory meetings of all Children Looked After. Knowsley's IRO's are based in the Quality Assurance Unit.
IRO's are responsible for monitoring the local Authority's review of the care plan with the aim of ensuring that actions required to implement the care plan are carried out and outcomes monitored. IRO's now have a new power to refer a case to CAFCASS to take legal action as a last resort where a child's human rights are considered to be in breach. An IRO may, though, consult CAFCASS at any stage in the process, with or without reference to any other parties involved in it.
IRO's are now required to take a more active role between reviews to ensure that major recommendations affecting a child's life are implemented.
2. Procedure
Stage 1 - Monitoring
IRO's will meet on a monthly basis with their respective team managers to discuss progress in respect of recommendations made at recent reviews which are critical to the care plan /crucial to the child/young person, namely:
| a. | Implementation of significant action within the care plan
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| b. | Accessing other resources
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| c. | Practice issues
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In the event of a significant review recommendation not being actioned the Team Manager will inform the IRO.
The IRO and Team Manager will discuss resolution of the issue and liaise with appropriate individuals/concerned agencies should the issue appertain to them.
In the event of resolution no further action need be taken.
Stage 2 - Problem Resolution
In the event of no resolution the IRO will:
- notify the child/young person ( age and understanding appropriate) explaining the local authority's complaints procedure and request that the child/young person inform the IRO should they make a complaint
- Inform the child's parent(s) where appropriate, and in all cases in which the child/young person is accommodated under section 20 1989 Children Act.
- where appropriate, inform the child/young person's advocate
- liaise with the authority's Complaints Officer
- discuss the issue with the Service Manager (Quality Assurance Unit)
Note: The Complaints Officer should notify the IRO of any such complaints made and outcome.
Decisions to have further discussions with appropriate individuals within the agencies concerned will rest with the Service Manager.
The child will be concurrently pursuing the issue through the complaints procedure at the informal stage
Where no resolution is reached the IRO and Service Manager need to discuss whether to proceed to the next stage.
Stage 3 - Formal Resolution: Departmental
The IRO and Service Manager will seek a meeting with the head of service concerned to discuss the failure to agree the review recommendation
If the issue is resolved no further action is required.
Should no resolution be made the IRO and Service Manager will need to decide whether:
- the issue is a matter for internal decision making only and cannot be referred by the IRO and Service Manager or:
- the matter continues to potentially breach the human rights of the child/young person and needs to be given further consideration.
The IRO and Service Manager may wish to have an informal discussion with the local CAFCASS Manager.
Stage 4 - Formal Resolution within the Local Authority
The IRO and Service Manager will seek legal advice.
An interview with the Chief Executive will be sought specifying that this is a formal request under S118.
The case will be documented including the reasons for a potential breach of human rights.
Should the Chief Executive not provide a resolution the IRO and Service Manager will refer the issue to CAFCASS.
End