4.4.1 Case Reviews |
RELATED GUIDANCE
This procedure is based primarily on the DCSF Guidance "Independent Reviewing Officers Guidance, Adoption and Children Act 2002 - The Review of Children's Cases (Amendment) (England)", first published in November 2004 and has been updated in accordance with the Care Planning, Placement and Case Review (England) Regulations 2010 (Care Planning Regulations) and Associated Guidance in April 2011.
Contents
- The Purpose of Case Reviews
- Frequency of Case Reviews
- Chairing of Reviews
- Convening Case Reviews
- Invitations and the Child's Participation
- The Role of the Social Worker
- Supporters and Interpreters
- Independent Reviewing Officer's Responsibilities
- The Role of the Case Review in Achieving Permanence for the Child
- Recording of Case Reviews
- Monitoring of Reviews
- Care Planning Resolution
1. The Purpose of Case Reviews
The purpose of reviews is to monitor the progress of achieving the outcomes set out in the care plan and to make decisions to amend the plan as necessary in light of changed information and circumstances. Reviews take place in order to ensure that the child’s welfare continues to be safeguarded and promoted in the most effective way throughout the period that:
- Consider the quality of the child's Care Plan, based on the local authorities assessment of the child's needs;
- The Care Plan for each individual child must be specific how the authority proposes to respond to the full range of the child's needs, taking into account their individual views, wishes and concerns;
- The review monitors the progress of the plan and makes decisions to amend the plan as necessary in light of changed knowledge and circumstances;
- The review will set clear timescales and allocate responsibilities for achieving the plan's objectives.
The key plans that should be considered at a Case Review are:
- Care Plan;
- Placement Plan;
- Permanence Plan;
- Health Care Plan;
- Pathway Plan if applicable;
- Personal Education Plan.
The review should also take account of the child's Placement Information Record and any other plans or strategies (e.g. behaviour management strategy), ensuring that they are up to date, or that arrangements are in place to update them.
2. Frequency of Case Reviews
| 2.1 | Normally, Case Reviews should be convened at the following intervals:
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| 2.2 | In relation to children placed with prospective adopters or where there is Authority to Place for Adoption, see the Adoption Reviews Procedure. |
| 2.3 | Case Reviews should be brought forward in the following circumstances:
A review must be convened in the following circumstances prior to any of the following changes being implemented:
where a change in placement is proposed is proposed for a child who has remained settled and established with the same carer for a significant period of time |
3. Chairing of Reviews
Independent Reviewing Officers (IRO's) will chair reviews. They are located within the Safeguarding Children Service.
The IRO's responsibilities are outlined in Section 8, Independent Reviewing Officer's Responsibilities.
If the allocated IRO cannot attend the meeting and it is important that the review meeting is not delayed, the meeting will be chaired/attended by a substitute IRO.
Adjourned reviews.
Where the IRO is not satisfied that the local authority has complied adequately with the requirements relating to reviews they can decide to adjourn the review. Before such a decision is made the IRO should seek the views of the child and consider the effects on the child of delaying the meeting
4. Convening Case Reviews
4.1 |
Arranging the first reviewAs soon as a child becomes Looked After, the child's social worker must notify the Safeguarding Children Service by telephone and/or email. This will trigger the appointment of an Independent Reviewing Officer (IRO) for the child. The Safeguarding Children Service will then arrange the date, time and venue of the child's first Case Review. The venue will be agreed with the social worker and the allocated IRO - ideally the review should take place in the placement. |
4.2 |
Arranging second and subsequent reviewsAt the end of each review the IRO will set the date, time and venue of the next review, taking account of what is convenient for review participants. Review dates cannot be rearranged unless there are exceptional circumstances and then only if the rearranged meeting can take place within statutory timescales, in which case the new date should be agreed by the social worker with the Safeguarding Children Service who will inform the IRO and others. In the event of a key participant being ill or unable to attend the review, the meeting will go ahead but the decision making will be adjourned to a new date when all participants can attend. A Case Review should be held prior to any child ceasing to be Looked After. In the event a child is no longer looked after, the child's social worker will notify the Safeguarding Children Service who will notify the IRO and a Child In Need meeting will be convened by the IRO. |
5. Invitations and the Child's Participation
Invitations to reviews will be sent by the Safeguarding Children Service following consultation with the child's social worker, who will decide who should be invited in consultation with the child. Discussion should take place between the social worker and the child, subject to age and understanding, at least 20 working days before a Case Review about who the child would like to attend the meeting and where the meeting will be held.
The following people should normally be invited:
- The child. There is a presumption that the child will attend the review. A child's disability must not be a bar to the child's attendance;
- The parents, carers and any significant people or specialists involved in the child's case;
- The supervising social worker, if the child is placed with foster carers;
- The link worker if the child is in residential care;
- A representative from the child's school;
- A Personal Advisor, if the child is over the age of 16;
- An Independent Visitor and/or an Advocate, if involved;
- If required, an interpreter.
It is important that the review is child centred and only involves the necessary people number of professionals, alongside the child, their carers and, where appropriate, tier parents. A series of meetings may therefore be the best way to involve all the relevant people. The child should be consulted, subject to their understanding, and about who they wish to attend the meeting and about the venue of the meeting.
Where the child does not wish to attend the review, the IRO must at the very least speak to the child before the review - wherever possible in a face to face meeting.
The child's social worker must ensure that children and families have been given information about the Complaints Procedure. They should provide the child with details of independent advocacy services who may provide support if the child requires it.
It is expected that parents and the child (if s/he is of sufficient age and understanding) will be present at the whole of the review but this will depend on the circumstances of each individual case.
In exceptional circumstances the social worker, in consultation with the IRO may decide that the attendance of the child or parent (if this would not be in the interests of the child) at all, or part of, the review meeting will not be appropriate or practicable. This may be the case if there is a clear conflict of interests which might militate against the attendance of either or both the child and parents. However, the anxieties of professionals should not be the reason for excluding a child or his/ her parent from a review. Alternative arrangements should be considered. If a parent or child is excluded from a review, a written explanation of the reasons should be given. Other arrangements should be made for their involvement in the review process, and details of this should be placed on the child’s case record.
In addition to the parent and child, the child’s carer should be invited. The carer provides day-to-day parenting for the child and cannot do this effectively and deliver the actions set out in the placement plan if s/he is not part of the care planning and decision-making process. Other people with a legitimate interest in the child should also be invited if they have a contribution in the discussions at the review meeting. The attendance of such people should always be discussed with the child before invitations are made and his/her views on their attendance obtained. It may be appropriate where the contribution from such people is strictly factual for the information to be provided in writing or at a separate meeting.
Where a long term plan is in place, a small group (those consistently and constantly involved with the child) should be identified as essential attendees at the next and subsequent review meetings. In the majority of cases, the group will consist of the social worker, the child, parents, the IRO and the carer (if different from the parent).
The child, parents and carers should always be consulted about the timing and venue for the review to ensure maximum participation. Meetings should always be arranged at a place and time to meet the needs of the child. Children should not be required to miss school or essential health appointments in order to attend their review. Parents may need financial or other support to enable them to attend.
Where any other invited person cannot attend, the IRO may agree that a delegate attend instead.
6. The Role of the Social Worker
The review is the child's meeting and discussion should take place between the social worker and the child at least 20 days before the meeting in relation to who the child would like to attend the meeting and to the venue and timing of the review.
The child's social worker must discuss the purpose of the review with the child's parents and carers. Where the child wishes to chair his or her own review, the social worker should inform the IRO.
In all cases, the child and parent(s) should be encouraged and supported by the social worker to prepare for the review, in writing or other ways if they wish, for example by seeing the IRO separately. The social worker should agree with the IRO how this will be achieved. This requires early consultation between the social worker and the IRO, and should be part of a thorough preparation of all the key issues for the review.
The social worker should discuss with the IRO:
- The proposed invitees;
- The progress of the case since the last review;
- The content of any written reports that will be available to the review meeting;
and
- Any other relevant information.
The child's social worker must also ensure the child's IRO is kept informed of any significant changes in the child's circumstances and the outcomes of any other meetings held as part of the review process, which consider aspects of the child's Care Plan. In addition, the social worker must notify the IRO if he or she believes that decisions made at a review are no longer appropriate because of a change in circumstances.
Where the child has been or is the subject of Court proceedings, the social worker should ensure the IRO has clear information of the child's legal status and the Court timetable.
Prior to the review, the social worker must ensure the child's records and plans are up to date, for example, that they include records of the placement visits and the last date when the child's sleeping accommodation was seen. Any changes in household membership need to be clearly recorded.
The social worker must send the IRO the following documents 3 working days before an Initial Review and 5 working days before a subsequent review:
- Review of Arrangement Report;
- Care Plan or Pathway Plan.
Copies of these documents should be brought to the review by the social worker for all review participants.
In addition, the child's social worker should bring to the review the following documents for the IRO:
- All completed consultation documents (the social worker is responsible for sending these to the child, carers and family members as appropriate);
- Health Care Plan;
- Personal Education Plan;
- Any other relevant reports by professionals.
It is not necessary to copy these for all participants. The IRO may have a pre meeting with the social worker to review the relevant aspects of the Health Action Plan and Personal Education Plan. The IRO will then summarise these documents during the review and provide information about the discussion with the social worker as appropriate.
Within 14 days of the completion of the review, the social worker should update the Care Plan in relation to any changes to the Care Plan agreed at the review. If relevant the social worker should also ensure that the child's Placement Information Record is updated.
Where the child and/or the parents are unable to attend the review, the social worker must discuss with the IRO what information should be shared
7. Supporters and Interpreters
The social worker and IRO should consider prior to the review whether either the child or parent(s) would benefit from the presence of a supporter or advocate and if so, the social worker should ensure the necessary arrangements are made. A supporter may be either an advocate on behalf of the child/parent(s) or a person with specialist skills or knowledge.
It may also be necessary for the social worker 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.
Any request by the child or parent(s) for their legal advisor to attend as their supporter should be notified to the IRO prior to the review and arrangements made where appropriate for the attendance at the review of a local authority legal advisor.
8. Independent Reviewing Officer's Responsibilities
The IRO's role is to
- Monitor the performance by the LA of their function in relation to the child's case;
- Participate in any review of the child's case;
- Ensure that any ascertained wishes and feelings of the child concerning the case are given due consideration by the appropriate authority;
- Perform any other function which is prescribed in regulations.
The primary task of the IRO is to ensure that the Care Plan for the child fully reflects the child's need and that the actions set out in the plan are consistent with the LA's legal responsibilities towards the child. As corporate parents each LA must act for the children looked after as a responsible and conscientious parent would act.
The IRO has two clear functions:
- Chairing of the child's review;
- Monitoring the child's case on an ongoing basis.
In exercising both parts of the role the IRO must ensure that the child's current views, wishes and concerns have been established and taken into account, where appropriate. As part of the monitoring function, the IRO also has a duty to monitor the performance of the LA's function as a corporate parent and to identify any poor practice. This should include identifying patterns of concerns emerging not just around individual children but also more generally in the collective experience of its looked after children. Where these more general concerns around services are identified, the IRO should immediately alert senior managers to these concerns.
Wherever possible, the child should be encouraged to chair the meeting and in these circumstances the IRO will assist the child. In all other cases, the IRO will chair the review - see Section 3, Chairing of Reviews.
More than one meeting may be required to ensure the views of relevant people inform the review without the meeting becoming too large. For example it may be appropriate to hold a meeting involving the child prior to a meeting involving the parent to obtain information and ascertain the views of both where the child does not wish to attend a review with his or her parents present.
The IRO is responsible for ensuring that all relevant people, including the child and parents, understand the purpose of the review and have been given appropriate opportunities to contribute and express their views. The IRO should also ensure that relevant consultation has taken place with those professionals who are not in attendance at the meeting.
Where participants' views are not followed, an explanation of the reasons why needs to be provided by the IRO and/or the social worker. Any differences of opinion should be recorded in the minutes.
If the parent(s) or the child brings a supporter, the IRO will need to explain his or her role, ensuring that the supporter understands that he or she 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 will decide on what actions in principle are necessary to meet the child's reviewed needs and make recommendations as to how these should be achieved.
Where a review considers that adoption or long term fostering is the most appropriate way to meet the child's needs, the recommendation is then submitted to the Adoption Panel for consideration - see Placement for Adoption Procedure.
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:
- Whether all the required plans (including plans for Permanence) are in place, detailing how the child's needs are to be met, and whether they are up to date.
See Section 9, The Role of the Case Review in Achieving Permanence for the Child; - The extent to which the aims and objectives of the child's Care Plan , Health Action Plan, Personal Education Plan or Pathway Plan have been achieved and any relevant changes in circumstances which have a bearing on the case;
- The need for the child to continue to be Looked After and where a Care Order exists, whether an application to discharge the Care Order should be made;
- Whether the plans fully cover the necessary actions to meet the following responsibilities;
- Whether decisions taken at the last review have been successfully implemented. and if not why;
- The effect of any change in the child's circumstances since the last review;
- The legal status of the child and whether it remains appropriate, whether the legal status provides security for the child so that proper plans can be made; and
- The leisure activities in which the child is engaging and whether these are meeting the child's needs and expressed interest;
- Whether the child is being visited by the social worker at Bexley's expected levels and when the child requests a visit;
- Whether the child's social worker has taken steps to establish the child's wishes and feelings, that the Care Plan has taken these into consideration and that the Care Plan demonstrates that the child has been listed to Whether the arrangements to provide advice, support and assistance to the child continues to be appropriate and understood by the child:
- To protect the child's safety and welfare, preferably within his/her own family or community; if the child cannot return home consideration is given to convening a family group conference to look at options in the family and friends network;
- To ensure the child's placement is appropriate to meet the child's needs and that quality care is being provided;
- To promote the educational needs of the child, ensuring their needs are met and not neglected and consider any changes before the next review. In this respect the IRO must ensure that the child's Personal Education Plan is relevant and up to date;
- To promote the health and well-being of the child. In this respect the chairperson must ensure that the child's Health Care Plan is relevant and up to date;
- To ensure that the child maintains contact with his/her family and significant friends and that the arrangements are appropriate, or, where there is no contact between the child and his/her family, that there are good reasons for this;
- To provide advice, assistance and other support for children with a view to promoting their welfare and preparing them for independence and adulthood.
- Where the child is reaching the age of 16, to ensure that a Personal Advisor has been appointed and work has started on the child's Pathway Plan;
- Whether any arrangements need to be made for the time when the child will no longer be looked after, so that the child will be properly prepared and ready to make this significant move:
- To establish whether any additional, specialist or therapeutic assessments or interventions are necessary to meet the child's needs;
- To clarify whether a claim for criminal injuries compensation has been made or should be considered;
- To establish whether the child has a right to have an Independent Visitor;
- To ensure children and families are aware of the right to complain about either the service or plans and understand the processes available to do so if they require;
- The plans and decisions to advance the overall planning for the child's care have been taken and acted on in a timely way;
- The IRO is responsible for setting any remedial timescales if actions have not been taken and there is a risk of drift in the delivery of a plan that will meet the child's needs within the child's timescale.
After the review, the IRO will notify the Safeguarding Children Service 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 11, Monitoring of Reviews.
It is also the IRO responsibility to focus on conflict resolution - see Section 12, Conflict Resolution
9. The Role of the Case Review in Achieving Permanence for the Child
The Independent Reviewing Officer (IRO) 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 the second Case Review, there is a requirement to focus on the Permanence Plan, to ensure it provides permanence for the child within a timescale which is realistic, achievable and meets the child's needs In the absence of such a plan, the IRO will be unable to endorse the Care Plan and should instigate Bexley's Care Planning resolution process.
If it is considered that the chosen avenue to permanence is not viable, the IRO should ensure that the social worker arranges as a matter of urgency to consider the most appropriate permanent alternative.
At the third Case Review there will be a need for a Twin Track/Parallel Plan to be made 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 manager. No further rehabilitation plan should be recommended unless there are exceptional reasons justifying such a plan or where further assessment is specifically directed by the Court. In this case, the Parallel Plan must include the active pursuit of an alternative placement for the child.
- All subsequent Reviews should review the progress and validity of the Permanence Plan.
As part of the permanency planning the IRO needs to be satisfied that the social worker has explained fully to the child and their parents the implications of the permanency plan and where the plan is for adoption or Special Guardianship Order, information has been provided to parents or extended members of the family
10. Recording of Case Reviews
It is the responsibility of the Independent Reviewing Officer (IRO) to record the review. The decision sheet will be completed and circulated by the Safeguarding Children Service to all participants within 7 working days of the meeting.
The minutes will be completed within 28 working days of the review. The Safeguarding Children Service will send copies out to all relevant parties who have provided their full name and address on the attendance sheet.
11. Monitoring of Reviews
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 in achieving good outcomes for the child and in services to all looked after children in Bexley. .
Where there is evidence of drift or poor practice it is the responsibility of the allocated IRO to address these issues through the normal channels, contacting the social worker's manager and where necessary the Head of Service.
Complaints
The IRO has a responsibility to ensure that the child understands their right to make a complaint to the LA and the responsibility of the LA to provide them with an advocate, should the child wish so.
Where the child does not have communication skills or the understanding to instigate a complaint, consideration should be given as to who is best able to do so on behalf of the child This could include the IRO.
An outstanding complaint should not prevent the IRO from continuing to work to resolve the matter, either informally or by using the local Care Planning resolution process..
12. Care Planning Resolution
Where the allocated IRO is concerned about drift or practice and where all normal liaisons with the social worker/senior/practice manager and service manager to resolve the matter has been exhausted, the care planning resolution process should be invoked by the IRO.
Should the IRO's concerns remain, the IRO should issue a Care Planning Resolution Notice in a timely manner to the appropriate Head of Service, who will respond to the notice: which must be signed off the Head of Service. before providing the IRO with a response to the notice.
Should the IRO believe the issue has not been resolved the IRO will submit the care planning resolution notice to the Children's Director and Chief Executive. The Children's Director will review and respond to the Care Planning Resolution Notice. If the matter is unresolved the IRO should seek independent legal advice and consideration be given to referring the matter to CAFCASS.
When a care planning resolution notice has been issued all involved must be mindful to avoid delay in responding, so ensuring a swift resolution for the child/young person
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