3.4.2 Looked After Reviews |
SCOPE OF THIS CHAPTER
This chapter describes the frequency and the arrangements that need to be made for Looked After Reviews, which must be held in relation to all Looked After Children.
RELATED CHAPTERS AND GUIDANCE
Where there are differences of opinion as to the appropriate planning for the child, see the Croydon Dispute Resolution Protocol.
NB Please also see Croydon's Permanent Placement Policy for Children and Young People which sets out the additional approvals for permanency plans required dependent on the planned outcome.
For further detailed guidance see the IRO Handbook.
AMENDMENTS
This chapter was significantly amended in July 2011 to reflect the Care Planning, Placement and Case Review (England) Regulations, 2010 and Associated Guidance including the IRO Handbook), and should be read in its entirety.
Section 14, Attendance and Contributions to the Review was further amended in December 2011 to clarify the circumstances in which the parents’ expenses for attending the Looked After Review will be paid.
Contents
- Key Practice Points
- Purpose of Reviews
- Independent Reviewing Officer (IRO) Duties
- Agenda Set by Independent Reviewing Officer (IRO)
- Independent Reviewing Officer (IRO) Tasks
- If an Independent Reviewing Officer (IRO) Cannot be Present
- Recommendations and Decision Making Authority
- Decisions in Reviews about Adoption
- Review Timescales
- Children's Quality Assurance and Safeguarding Service Actions
- Case Allocated Social Worker Actions
- Line Manager Actions
- Review Agenda
- Attendance and Contributions to the Review
- Monitoring of Review Decisions
- Conflict Resolution
- Overlap with Child Protection
- Role of Looked After Review in Achieving Permanence for the Child
1. Key Practice Points
| 1.1 | Thorough care planning and the timely implementation for Looked After Children is essential to ensure the welfare and protection of the most vulnerable group of children known to the Local Authority. |
| 1.2 | Managers and practitioners should give a high priority to Looked After Reviews and the plans which come out of the Reviews. |
| 1.3 | 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 case allocated social worker's responsibility to inform the Independent Reviewing Officer so that they can discuss and consider the need for an early Review. |
2. Purpose of Reviews
| 2.1 | The legal framework for Reviews is specified in Section 26 of the Children Act 1989 and detailed in the "Review of Children's Cases Regulations 1991. |
| 2.2 | The Review is the main planning and decision-making arena for Looked After children. It is the forum in which Care Plans are confirmed, tested and revised. This should not however, stop staff, carers, parents and children constantly checking the continuing appropriateness of the Care Plan between Reviews and bringing forward the next Review should changes be necessary. |
| 2.3 | The Review makes in principle decisions about the child's needs and how they should be met. |
| 2.4 | 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. |
3. Independent Reviewing Officer (IRO) Duties
3.1 |
The IRO's role is to chair Looked After Reviews and monitor the appropriateness of the Care Plan (on an ongoing basis including whether any safeguarding issues arise), its implementation and to establish whether the milestones set out in the plan are being achieved in a timely way. See also Appointment and Role of the Independent Reviewing Officer, which sets out in detail to role of the IRO outside the Looked After Review. In relation to their role at reviews, a key task for all IRO's is to ensure that the review process is child and family centred and that the child's views are heard. They should be satisfied that disabled children's contributions are obtained and effectively presented in the review. 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 IRO to ensure decisions are clear and establish who is responsible for action and the timescales agreed for completion. The IRO should ensure that the following are considered and accounted for during the review:
After the review, the IRO will notify the Children’s Quality Assurance and Safeguarding Unit of the way in which the child participated in the review, together with the outcome and the date for the next review. Where there is evidence of poor practice, the IRO will consider what action is needed to bring this to the attention of the relevant and appropriate managers - see Section 15, Monitoring of Review Decisions. It is also the IRO responsibility to focus on conflict resolution - see Section 16, Conflict Resolution. |
| 3.2 | In relation to a child who wishes to bring proceedings on his/her own account, the IRO must assist the child to obtain legal advice and/or establish whether an appropriate adult can assist. |
| 3.3 | The IRO 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. |
| 3.4 | 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. |
| 3.5 | 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. |
| 3.6 | No proposal under consideration at the adjourned review can be implemented until the review has been completed. |
4. Agenda Set by Independent Reviewing Officer (IRO)
| 4.1 | The IRO will set the agenda to reflect the following items:
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5. Independent Reviewing Officer (IRO) Tasks
| 5.1 | The task of the IRO is to evaluate the extent to which the plan for the child is meeting his or her needs and identify any changes required in the light of information presented at the Review. |
| 5.2 | All Pathway Plan Review Meetings for those young people who are sixteen plus and remain looked after must be chaired by a IRO. |
| 5.3 | For those young people between 16 and 18 and who cease to be Looked After, their Pathway Plan Review Meetings will be reviewed independently at the young person's own request or by agreement between the Leaving Care Service and the Independent Reviewing Manager. |
| 5.4 | The IRO monitors the appropriateness of the Care Plan, its implementation and establishes whether the milestones set out in the plan are being achieved in a timely way. NB: The above applies equally to Pathway Plans. |
| 5.5 | The IRO will complete a Monitoring Form at the end of every review. |
6. If a Independent Reviewing Officer (IRO) Cannot be Present
| 6.1 | If an IRO cannot be present at a Review, the Independent Reviewing Manager will ensure that an appropriate substitute is found and will scrutinise the resulting process to ensure that necessary standards have been met. This may result in the meeting being reconvened. The Independent Reviewing Manager can insist upon this. |
7. Recommendations and Decision Making Authority
| 7.1 | The Independent Reviewing Officer (IRO), as chair of the meeting, will decide what actions in principle are necessary to meet the child's reviewed needs. The IRO will make recommendations about how these needs will be met. Operational Services are accountable for the delivery of any recommendations made by the Review and the Operational Services decide how the recommendations will be delivered. |
| 7.2 | The Local Authority must be able to demonstrate how their actions meet the child's identified needs. The Operational Services must justify their actions to the IRO and the Review Meeting. The IRO in turn, must guarantee the Review process is adequate to the child's needs and circumstances. |
| 7.3 | Where there are differences of opinion as to the appropriate planning for the child, see the Croydon Dispute Resolution Protocol. |
8. Decisions in Reviews about Adoption
| 8.1 | When an adoption plan has been recommended at a Looked After Review, the child should be presented to the Adoption Panel within 2 months of the Review date for a recommendation to be made to the Agency Decision Maker as to whether the child is suitable to placed for adoption. |
| 8.2 | The final approval rests with the Agency Decision Maker, who will consider the recommendation of the Adoption Panel within a specified timescale - see Placement for Adoption Procedure. See also Section 16, Role of Looked After Review in Achieving Permanence for the Child |
9. Review Timescales
| 9.1 | Each case must be reviewed:
NB The requirement to hold a Looked After review will cease when the child leaves care or dies or where Authority to Place for Adoption is obtained. In the latter case, the requirement to hold a Looked After Review is superseded by the requirement to hold Adoption Reviews - see Adoption Reviews Procedure. |
| 9.2 | In order to ensure that Reviews take place on time:
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10. Children's Quality Assurance and Safeguarding Service Actions
| 10.1 | The Children's Quality Assurance and Safeguarding Service will:
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11. Case Allocated Social Worker Actions
| 11.1 | The case allocated social worker will:
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| 11.2 | 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. |
| 11.3 | The social worker should also update the Permanence Plan, Health Care Plan and Personal Education Plan as required, and arrange for a Pathway Plan to be completed/updated, if relevant. |
| 11.4 | The social worker should also ensure that the child's Placement Plan (recorded on the Placement Information Record) is updated. |
| 11.5 | The social worker should also ensure that the child's Placement Plan (recorded on the Placement Information Record) is updated. |
| 11.6 | See also Appointment and Role of Independent Reviewing Officer Procedures, Section 6, Duty of Social Worker to keep IRO informed. |
12. Line Manager Actions
| 12.1 | The Line Manager will:
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13. Review Agenda
| 13.1 | A Review is intended to cover all aspects of a child's life in care, e.g. health, education, placement, family, legal status, etc. and to make appropriate plans for her/ his future. |
| 13.2 | Reviews must consider all aspects of the child's progress since the previous Review or since becoming Looked After, e.g. health and development, education or employment, psychological well being, functioning in placement, family relationships, etc. Reviews must also consider the child's needs arising from her/his cultural background, including racial origin and religious persuasion and ensure these are being met. |
| 13.3 | The Agenda for the Review should be drafted by the allocated social worker in consultation with the IRO. This will be informed by the views of others, particularly from any completed LAC Consultation Papers. The Agenda will be partly set by issues raised during the completion of the Assessment And Action Records and these may also indicate who should be invited. The summary sheet at the back of the Record should be brought to each Review following the second Review. |
| 13.4 | Time should be allowed at the beginning of the Review for participants to read the partially completed Review Record and agree the Agenda. |
| 13.5 | Reviews must develop objectives for the immediate and long-term future of the child e.g.
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| 13.6 | The following are the most important matters on which it is expected that decisions or recommendations will normally be made within the Review:
See also Section 18, Role of Looked After Review in Achieving Permanence for the Child. |
| 13.7 | The IRO should ensure that any existing agreements with parents, foster carer/s or other carers continue to reflect the decisions of the Review. S/he should also ensure that the Care Plan, Pathway Plan (if relevant), Placement Information Record, Personal Education Plan and Health Action Plan are amended, if necessary, to incorporate any changes agreed at the Review. |
| 13.8 | It is important that dissenting views on any Review recommendation are accurately recorded. Only in exceptional circumstances should the Review be adjourned for further consultations. |
14. Attendance and Contributions to the Review
| 14.1 | 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. Invitations to reviews will be sent by the Children’s Quality Assurance and Safeguarding Unit following consultation with the child's social worker and the IRO, who will decide who should be invited in consultation with the child. 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. |
| 14.2 | All those individuals and agencies with a significant involvement in the life of the child should be asked to contribute to the Review. Not all, however, should be asked to attend every Review and a written report will usually suffice where progress in a particular part of the child's experience does not need much discussion. |
| 14.3 | Written reports from those proposing to attend that can be circulated beforehand will also be of use in concentrating discussion on the more essential matters. Otherwise they must bring sufficient copies for circulation at the meeting. |
| 14.4 | Wherever practicable, the Local Authority must seek and take into account (in particular with regard to the matters that will be discussed at the Review) the views of the child, his or her parents, those with Parental Responsibility and any person whose views are considered relevant. |
| 14.5 | The following should be encouraged to attend and should in any case be notified of the Review outcome, unless there is some reason why not:
*The authority has a duty to facilitate parents’ attendance at Looked After Reviews. Where the child’s parents are in receipt of an income related benefit (Family Tax Credit, Job Seekers’ Allowance etc.) or do not have recourse to benefits due to their immigration status, travel costs should be paid. The cheapest reasonable means of transport must be used. Parents not in receipt of means tested benefits will be expected to fund their own transport unless they can provide evidence that this would cause serious financial hardship. Decisions to provide support in these circumstances must be taken by a Service Manager. |
| 14.6 | Additional representatives of the following should be asked to attend or submit reports whenever appropriate:
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| 14.7 | Consideration should be given to inviting the Children's Guardian where one has been appointed. |
15. Monitoring of Review Decisions
The Independent Reviewing Officer (IRO) plays an important part in the quality assurance function of the local authority's service for looked after children, it will be important that they recognise and report on good practice by individuals or teams.
It is important for the IRO to have a collaborative relationship with the social workers and their managers.
Monitoring sheets must be completed by the IRO after every review meeting in order that accurate data is reported for audit, quality assurance and individual performance management. This information is then coordinated by the Independent Review Unit and sent on a monthly basis to the relevant managers.
Where there is evidence of poor practice, the IRO should, wherever practicable, address these issues through the normal channels, contacting the social worker's manager and where necessary the Children’s Quality Assurance and Safeguarding Unit Manager.
16.Conflict Resolution
Where the IRO believes that the Local Authority has failed in any significant respect to prepare the child's Care Plan; review the child's case or effectively implement any decision in consequence of a review; or are otherwise in breach of their duties to the child in any material respect, the following procedure will apply:
- Informal resolution through a professionals meeting to include the Team Managers of both the social worker's team and the IRO;
- If no resolution is reached at this stage a referral should be made by the Children’s Quality Assurance and Safeguarding Unit to the relevant senior manager in the local authority;
- If there is still no resolution, the matter should be brought to the attention of the Chief Executive.
The IRO has the authority to refer the case to CAFCASS where he or she considers it appropriate to do so and must consider a referral to CAFCASS where, having drawn any failures as set out above to the attention of persons of appropriate seniority in the Local Authority, the issues have not been addressed to his or her satisfaction within a reasonable period of time.
For detailed information about the process for this please see Dispute Resolution Protocol.
17. Overlap with Child Protection
| 17.1 | Looked After children are sometimes also the subject of a Child Protection Plan because:
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| 17.2 | Where Children Looked After are also subject to a Child Protection Review Conference the overriding principle must be that the systems are integrated and carefully monitored in a way that promotes a child centred and not a bureaucratic approach. It is important to link the timing of a Child Protection Review Conference with the Looked After Review to ensure that information from the former is brought to the review meeting, and informs the overall care planning process. It should be remembered that significant changes to the Care Plan can only be made at the Looked After Review Meeting. |
| 17.3 | IRO's may be employed to chair Child Protection Conferences as well as Looked After Children Reviews. The appropriateness of the same IRO undertaking both roles in relation to the same child should be considered on a case-by-case basis. This must be managed in a way that ensures that the independence of the IRO is not compromised. |
| 17.4 | Only in exceptional circumstances should the Review be adjourned for further consultations. |
18. Role of Looked After Review in Achieving Permanence for the Child
| 18.1 | At the child's first Looked After Review it is the responsibility of the IRO to ensure that the child has a recorded Care Plan which reflects their needs as identified in the Core Assessment. |
| 18.2 | At the child's second review meeting the IRO must check that the child's Care Plan includes measurable milestones with a clear Plan for Permanence or a Twin Track Plan that must include a plan of permanence. |
| 18.3 | At the child's third Looked After Review and subsequent reviews there will be a need for the IRO to consider whether the progress of the care planning is appropriate and continues to meet the needs of the child. At this review the plan for Rehabilitation, Permanence or Adoption should be clear. For example; where a plan for rehabilitation, Adoption or Permanence 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 allocated worker's line manager. Where there is delay or aspects of the plan have not been undertaken the reasons for this should be explored and recommendations made about any necessary future actions. |
| 18.4 | All subsequent Reviews should review the progress and validity of the Permanence Plan. |
NB Please also see Croydon' Permanent Placement Policy for Children and Young People Procedure which sets out the additional approvals for permanency plans required dependent on the planned outcome.
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