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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

  1. Key Practice Points
  2. Purpose of Reviews
  3. Independent Reviewing Officer (IRO) Duties
  4. Agenda Set by Independent Reviewing Officer (IRO)
  5. Independent Reviewing Officer (IRO) Tasks
  6. If an Independent Reviewing Officer (IRO) Cannot be Present
  7. Recommendations and Decision Making Authority
  8. Decisions in Reviews about Adoption
  9. Review Timescales
  10. Children's Quality Assurance and Safeguarding Service Actions
  11. Case Allocated Social Worker Actions
  12. Line Manager Actions
  13. Review Agenda
  14. Attendance and Contributions to the Review
  15. Monitoring of Review Decisions
  16. Conflict Resolution
  17. Overlap with Child Protection
  18. 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:

  1. 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;
  2. Whether  any change should be sought in the child's legal status;
  3. Whether there is a plan for permanence;
  4. 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;
  5. 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;
  6. 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;
  7. The child's leisure interests and activities and whether the arrangements are meeting his/her needs;
  8. 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;
  9. 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;
  10. Whether the arrangements for advice, support and assistance continue to be appropriate and understood by the child;
  11. Whether any arrangements need to be made for the time when the child will no longer be looked after;
  12. 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;
  13. Where the child is placed with parents before an assessment is completed, the frequency of the social worker's visits.

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:

  1. What have been the outcomes of the last review?
  2. Is a new assessment of need required?
  3. Has the Care Plan been called into question by developments?
  4. Should its objectives be reformulated?
  5. Do the objectives need to be achieved in a different way?
  6. How integrated is the Care Plan?
  7. How is the principle of sensitive, open and shared planning being upheld?
  8. How cogent is the planning process?
  9. How is the current planning process being recorded so that it can be monitored as part of a flexible but continuous long-term process?


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:

  1. Within 4 weeks of the child becoming Looked After;
  2. The second Review - within 3 months of the first (for Performance Indicator purposes this should be not more than 91 days after the first review);
  3. Thereafter at intervals of at least 6 months (for Performance Indicator purposes this should be not more than 183 days after the last review);
  4. Earlier if there are significant changes to the child's plan which warrant this.

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:

  1. Dates for the next Review will be set in the Review meeting. If the IRO cannot achieve this, managers in Children's Quality Assurance will be informed and will negotiate with the service concerned;
  2. The second Review will normally be held within two months of the first Review and subsequent Reviews will take place no more than 5 months after the previous Review. There may be a minority of out of borough cases where the need to coordinate travel plans with weather conditions and school holidays make this difficult but these exceptions must be agreed in advance by the relevant line manager. These timescales will ensure greater flexibility if, for exceptional reasons, reviews have to be cancelled;
  3. The IRO is the only person who may cancel a review and this will only occur in exceptional circumstances. The IRO must ensure that any review that is cancelled is re-scheduled immediately;
  4. IRO's will contact the allocated social worker one week before the scheduled date for all reviews to ensure that they are aware of any changes or difficulties and to ensure that the relevant reports and plans have been or are being completed and will be passed to them as set out in Section 11, Case Allocated Social Worker Actions;
  5. When it is apparent that the child, parents, carers or other key parties will be unable to attend the review meeting, the social worker will be expected to ascertain their views through the completion of the consultation papers which should be brought to the review meeting. In these circumstances the next review date may be brought forward by the IRO to promote greater participation for absent parties. Review meetings held in two parts because of difficulties in key parties attending the scheduled date must be kept to an absolute minimum with no more than tow weeks between the first and second meetings. The date for the next review should be set at the first meeting through completion of the monitoring form without exception. This will ensure that statutory timescales for holding reviews are met. There should be one report prepared for the two meetings, with the date of the first meeting recorded as the actual date of the review.


10. Children's Quality Assurance and Safeguarding Service Actions

10.1

The Children's Quality Assurance and Safeguarding Service will:

  1. Identify the venue and send out electronic invitations to professional invitees for first Reviews (including the duty Independent Reviewing Officer);
  2. Provide a chair and sometimes a minute taker;
  3. Chair the meeting;
  4. See the child prior to their attending the meeting;
  5. See social workers to offer advice;
  6. See carers and other parties outside the meeting, as necessary;
  7. Where possible provide consistency of chairing;
  8. Provide minutes of the Review within fourteen days of it taking place on the Croydon Pro Forma;
  9. Circulate the minutes to the social worker and all invitees, including the child and parents (unless it is agreed that the social worker should deliver the minutes by hand) within 22 working days of the review;
  10. Any factual errors communicated to the IRO will be acknowledged in the minutes of the next Review.


11. Case Allocated Social Worker Actions

11.1

The case allocated social worker will:

  1. Discuss the purpose of the review with the child, parents and carers and consult the child about invitations at least 20 working days before the review meeting;
  2. Place the record of the Review, signed by their Team Leader, on the child's case file;
  3. Ensure that the Placement Plan/Placement Information Record, Personal Education Plan and Health Action Plan are up-to-date;
  4. Circulate the summary of the Review to all appropriate people;
  5. Consult the child about the time, venue and their attendance at reviews, using "Having Your Say at Your Review" as appropriate (for 5 to 10 year olds);
  6. Seek the views of relevant others who may have a contribution to make, including the link worker / key worker, teacher, GP, Health Visitor;
  7. Invite the child and the parents to the Review;
  8. For first Review, complete sections 1 to 23 of the LAC Review Of Arrangements Form and pass this to the IRO together with the child's case file incorporating the Care Plan and any other significant documents at least three days before the meeting;
  9. For second and subsequent Reviews, in addition to the above documents, send the child's up-to-date Personal Education Plan, Health Action Plan and, where relevant, Pathway Plan;
  10. At least 2 weeks prior to second and subsequent Reviews, circulate LAC Consultation Papers to the following:
  11. Wherever possible, circulate the draft Agenda to participants in advance of the Review;
  12. Three days prior to the Review Meeting provide the IRO with information about the consultation that has taken place. This can be included in the Review Of Arrangements Form;
  13. When it is apparent that the child, parents, carers or other key parties will be unable to attend the review meeting, the social worker will inform the IRO at least one week prior to the Review meeting - see Section 9.2 paragraph (d).
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:

  1. Sign the Care Plan in advance of the Review;
  2. Use the Review Meeting summary in supervision to guide case planning;
  3. Where it is known that sensitive or contentious issues are likely to arise in the course of a particular Review, the Operational Manager must be consulted beforehand so that s/he can indicate any special aspects of policy or practice s/he wishes to be taken into account in making Review decisions.


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.

  1. What are the child's needs and how will they be met? 
  2. What are the resource implications?
  3. What statutory action is required?
  4. Is an Assessment And Action Record needed and to check progress on summaries from completed Records;
  5. What are the contingency plans?
  6. Reviews must also determine the tasks that each member of the Review should undertake and the time scale for fulfilling the objectives set.
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:

  1. Rehabilitation - whether this is feasible or in the child's interests, before considering other options for her/ his future;
  2. Permanent or Long Term Placement, subject to any necessary reference to the Adoption Panel, Fostering Panel or Commissioning Panel*;
  3. Legal Status change. Where a Care Order is in force, consideration must be given during the Review as to whether to make an application to discharge the Order.

    (The Local Authority also has a duty to consider whether to discharge a child's Care Order when making arrangements for a placement.);
  4. Independence;
  5. Changes to current Plans;
  6. The safety and protection of children.

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:

  1. The Child depending upon her/his level of understanding and her/his own wishes. The child should be encouraged to attend for at least part of the Review. However, even some older children may find it difficult to participate and might prefer to represent their views through a social worker or some other adult in whom they have confidence. In exceptional circumstances, where sensitive matters or potentially disturbing issues have to be discussed (e.g. parents' life-style), the attendance of the child may need to be limited;
  2. The Parent/s and those with Parental Responsibility should be present for at least part of the Review unless their attendance is not in the interests of the child. The biological father of a child should be invited if he is likely to become actively involved in the case*;
  3. The Care Giver/s usually foster carer/s or members of the residential staff having day-to-day contact with the child;
  4. Social Work Staff usually the allocated social worker and her/his supervisor;
  5. The Resource Provider a supervising social worker or a residential manager depending on the actual placement of the child or future plans;
  6. Other Agencies where the child is placed in a voluntary or private establishment and attendance is appropriate;
  7. The Independent Reviewing Officer.

*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:

  1. Teaching Staff;
  2. Education Welfare;
  3. Educational Psychologist;
  4. Careers Officer;
  5. CAMHS;
  6. General Practitioner;
  7. Health Visitor;
  8. Hospital Consultants;
  9. Significant relatives of the child;
  10. Council's Solicitor.
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:

  1. Informal resolution through a professionals meeting to include the Team Managers of both the social worker's team and the IRO;
  2. 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;
  3. 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:

  1. They are newly Looked After and the Child Protection Plan has not yet been discontinued;
  2. They have remained at high risk, possibly placed with parents and a separate Child Protection Plan is necessary;
  3. They are considered likely to remain Looked After for less than four weeks and there is a need for a longer term protection plan.
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.

End