3.1.3 Entry to the Looked After System |
Contents
1. Introduction
This module is intended to outline to staff the processes that must be followed when entry to the looked after system is either a possibility or under active consideration for any child they are working with.
The primary consideration is that the welfare of the child is paramount and there is an assumption that for most children their welfare will be best secured by services being provided that enable them to remain living in their own family.
Only where there is clear evidence that this is not the case should entry to the looked after system be considered and only then this must not happen unless there is clear evidence that there is a positive advantage to the child in becoming looked after.
Evidence may be obtained from a number of different sources including:
- Information provided by the child and/or their parent(s);
- Family Group Conferences;
- Consultation with partners;
- Initial and Core Assessments;
- Child Protection Case Conference and Strategy Meetings;
- Previous social work involvement with the child or family.
2. Gatekeeping
No child in Lambeth can become looked after, except in an emergency, in advance of a Family Group Conference taking place. This applies to children who become looked after under s20. The only exceptions are children who become looked after under Police Powers of Protection or under S31 or under an Emergency Protection Order or as a result of a remand to secure accommodation or local authority accommodation in criminal proceedings.
With the exception of unaccompanied asylum seeking children (UASC), it is usual practice that no child aged 14 years or over will become looked after except on an Order. In such circumstances it is expected that a Family Group Conference will have been held before any decision to implement proceedings is taken.
Where the decision is to accommodate a child over the age of 14 years under section 20 is being considered, authorisation must be obtained from the Head of Service
All UASC aged under 16 years must be referred to the LAC Panel or in an emergency the Head of Service.
Role of Case Managers/Supervisors
Whilst it is recognised that requests for accommodation or the need to consider statutory intervention to safeguard a child may arise at any time, it is expected that the normal day to day management of staff, including supervision, will ensure that case managers will be aware of those cases their staff are working with where there is a possibility of a child needing to become looked after.
In all cases the agreement of the Looked After Children's Panel, or in an emergency a Head of Service must be obtained before a referral is made to the Access to Resources Team.
If this is not the case then the referral will be sent back to the Social Worker and their manager.
Where agreement is given for a referral to be made to the Access to Resources Team it will be assumed that the Social Worker and/or case manager have already:
- Completed an Initial and Core Assessment;
- Identified any unmet need for the child, including those needs that could only be met by the child becoming looked after;
- Identified what other services could or could not be used to meet unmet need;
- Measured the risks to the child of remaining at home against the risks to the child of becoming looked after;
- Held or convened a Family Group Conference;
- For children at risk of abuse, tested the child protection registration threshold;
- For children who are the subject of a child protection plan, hold regular Core Group meetings;
- Where no one is exercising parental responsibility, convened a legal planning meeting to consider if the thresholds for care proceedings are met.
Where the evidence is that the child's needs will be best met by being removed form home, case managers must ensure that they have considered:
- Why the child needs to be looked after at this particular point in time;
- Whether there is anyone within the child's network who could be used as a kinship carer;
- Whether the use of short term breaks or shared care may be a suitable means of support to the child and family in order to avoid a longer term separation;
- That there is a risk that if a child becomes looked after, this may develop into a long term care episode and therefore even from the outset there is a need to consider what the long term options for the child might be.
If, after considering all the available evidence and testing alternatives, the case manager is of the view that the child's needs will best be met by them becoming looked after then they may ask the Head of Service to authorise a referral to the Looked After Children's Panel, or in an emergency a Head of Service.
3. Looked After Children's Panel
Introduction
The Looked After Children's Panel is part of the overall system of ensuring the effective planning, monitoring and evaluation of placements and services provided to looked after children. The aim of the Panel is to ensure consistent planning and effective and efficient resource allocation where a child may need to be, or is already, looked after.
To ensure that the placement needs of looked after children are addressed, all placement requests must be agreed by the Panel prior to a placement being made unless there are exceptional circumstances when placements may be agreed for a short period (until the next Panel date) by the Head of Service.
It is noted that agreements made by a Head of service is only limited to in-house fostering, commissioned fostering and residential beds.
In this context, any placement provision outside this (external placements not commissioned) can only be made by the Assistant Director until the next Panel date.
Requests for secure placements can only be approved by the Assistant Director, Children's Social Care.
The Panel must consider the following principles and child care practice standards in reaching its decisions:
- Whether there is a clear Care Plan, identifying how the proposed/continuing placement will meet the child's needs;
- Whether the Care Plan has realistic timescales and is being implemented and that no 'drift" is occurring thereby wasting scarce resources;
- Where a high intensity treatment is proposed, that a clear plan beyond the treatment period exists and that these are time limited;
- Whether the child's wishes and feelings have been ascertained and whether the child is willing to be, or if already in placement, evidence that s/he is, actively engaged in using the treatment support resources offered;
- What placements the child has previously had (where the case is being presented for a new placement);
- The location of the proposed placement in relation to the child's networks;
- How long the child has been looked after by the authority and whether the child is on a Care Order or accommodated;
- The priority to be afforded to each child's needs and assistance required to social work teams in the management of risk, where the most favoured placement cannot be provided;
- The trends and patterns in the placement of children and information on those resources producing the most successful outcomes for children;
- The cost of the proposed placement, whether there is an existing Pan London contract, and the nature of the contractual arrangements in conjunction with advice from the Contracts Team and Access to Resources Team.
Aims and Objectives
The aim of the Panel is to review the placement provisions made to children looked after by the London Borough of Lambeth.
The Panel has a gate-keeping function to oversee the distribution of the Departments limited resources and to target resources where it can most assist families. The Panel is responsible for controlling and monitoring the Departmental placements budget ensuring that best value principles are adhered to.
The Panel is responsible for maximising the financial input that associated agencies such as the PCT, Education and Mental Health services are able to contribute to the placements costs associated with children looked after by this authority.
The Panel is responsible for agreeing all external placements made in respect of children looked after up to the age of 16 (19 in respect of children with disabilities).
The Panel must consider (residential/out reach based) requests made for the Court in respect of care proceedings where this is deemed necessary.
The Panel must consider all placements where there are specific educational or health components to the Care Plan. No placements can be made in residential establishments without prior agreement of partner agencies.
The Panel is responsible for reviewing external and internal placements made in an emergency, during the period since the last Panel.
The Panel is charged with the financial review of all current, planned and unplanned placements of looked after children in either in house provision or external private and residential/fostering provision.
Budgets
The main budget holder for residential and fostering budgets is the Head of Service for Fostering, Adoption and Access to Resources
The Panel will make decisions in respect to the following budgets:
- All care packages under s20 and s3l of The Children Act 1989;
- Care packages provided or delivered by in-house fostering services;
- All care packages provided or delivered by private and voluntary sector foster care providers;
- All care packages provided or delivered by private and voluntary sector residential sector providers.
Panel Membership
The Assistant Director, Children's Social Care will chair the Panel.
The other members of the Panel are:
- Assistant Director, Social Care;
- Team Manager -Access to Resources Team;
- Administrator -Minutes;
- Contracts Team Leader;
- Finance Control Manager;
- Lead officer -Education;
- Specialist mental health service for children in care.
Panel Processes
The Panel will sit weekly.
The Panel will not be cancelled under any circumstances. Should the Assistant Director, Children's Social Care not be available, the Head of service for Fostering, Adoption and Accesses to Resources will chair the Panel.
Only in exceptional circumstances will other Heads of service chair the Panel. The principle remains that if at all possible the Chair should be independent of the Team.
All applications submitted must be heard and decided upon. This will mean that the length of time of each Panel meeting will vary according to need. The principle being that the service needs to be led by the requirements of the service user and that delay is detrimental.
LAC Panel Referral Procedure
All requests made to Panel must be made on the LAC Placement Request/Agreement Report and authorised by a Head of Service.
Referrals to Panel must be received by the Panel Administrator at least 3 working days before the Panel meets.
The Panel Administrator must distribute papers to Panel members on the day of the Panel meeting.
Requests submitted on the day will not be considered, except in exceptional circumstances (i.e. discussed with relevant Head of Service in advance).
The referring Social Worker and their line manager (Team Manager) must present cases to the Panel.
It is essential that detailed information is provided to the Panel in the report. Additional information may also be attached to the form.
All Panel Members will be expected to comment upon the quality of the care packages provided to looked after children within the scope of their expertise.
When approval is sought for an external placement, evidence must be submitted to the Panel to demonstrate that an internal placement is either unavailable or inappropriate, and the reasons given for non-provision.
All approvals will be for a time limited period, and a new application will have to be submitted before the current placement agreement runs out. The Panel must give the date when the new application will be required. The Panel Administrator must book the new Panel date and advise interested parties of the date.
The decision of the Panel must be confirmed to workers on the same day they attend Panel. All Panel members and Team Managers/Social Workers must be given a copy of the LAC Panel Decisions sheet after the Panel meeting and a hard copy must be entered on ICIS.
If the Panel is unable to reach a decision, on the information provided, the application may be delayed to the next Panel.
The Panel will initially approve placements for a maximum period of three-months.
Approval of Placements Made Between Panel Meetings
Requests may be considered in the interim between Panel meetings in emergencies, i.e. where the decision to place cannot wait until the next Panel meeting.
The Head of service may give approval only until the date of the next Panel. Requests to the head of service in such circumstances must be made through completion of a LAC Placement/Request Agreement.
These placements are not to be regarded as permanent and can only be considered further by the next Panel meeting.
The head of service must notify Access to Resources Team (by telephone) of their decision and give permission for an emergency placement to be sought.
The Finance Control Manager, Contracts Team Leader and the Panel Administrator must be copied in.
Planned Placements Processes
Full details of the desired type of placement and the Care Plan for the child must be entered on the form, as well as any other information that will assist the Panel in its deliberations. To include reports from residential, YOT, Adoption and Fostering Teams and any other relevant documentation.
Social Workers must specify any "extras" (contact, supervision, transport etc.) which may be required and are not included in the cost of the placement. The report submitted must include evidence supporting these requests and indicate how long such extras are likely to continue.
On all new placements the Access to Resources Team must liaise with the Social Worker to identify the child's needs and placement requirements.
It is the Access to Resources Team's responsibility to identify placement options and negotiate costs within a financial range specified by the Panel.
The Panel will either ask for these options to be submitted to a further meeting where a report will be required outlining the preferred option, or the Panel will agree that the Access to Resources Team and the Social Worker and Team Manager can implement a placement option being found and a placement made without returning to the Panel (providing the placement is within the agreed price range).
Post Panel/Authorisation
Once approval has been given by the Panel or by the Group Manager, the Social Worker must contact the Access to Resources Team who has the responsibility to investigate placement options.
Under no circumstances must Social Workers agree or negotiate any form of notice period, or additional therapies/support which has been specified by the Panel. These must be negotiated by the Access to Resources Team.
As soon as a placement ends or changes, Social Workers must complete a change of report form and update the necessary information system. The Social Worker/Team Manager must also advise the Access to Resources Team by telephone.
It is important that this information is also forwarded to the Placements Finance Manager. This is essential to avoid paying for placements that are no longer in use.
If any additional support will incur an additional cost this must be formally requested using the above procedures (Panel, or Group Manager in an emergency) and negotiated by the Access to Resources Team.
Panel Financial Processes
The Team Manager for the Access to Resources Team must hold copies of all placement agreements made by Heads of Services or the Assistant Director of Children's Social Care outside of the Panel and as such must ensure that these cases are brought back to the next available Panel for review.
It is the responsibility of the Finance Control Manager to ensure that financial commitments on ORACLE are made.
A report of expenditure will be available at each Panel according to Teams. In addition to this, there will be an overall budget review by Panel on a quarterly basis of all looked after children cases.
An annual report will provide a total breakdown of the financial year with analysis and evaluation. Recommendations are to be available with regards to addressing any issues identified and will be a tool to assist in future commissioning projects.
The Panel Administrator must provide minutes of decisions made at the Panel and ensure that these are forwarded to all interested parties.
Joint Funding via the Joint Commissioning Panel
Education
Where the child may have special educational needs (SEN), the Panel will want to see evidence of this Department supporting a statement application. A child who is not statemented cannot be joint funded. However, there is a role for the Education Department to ensure that educational provision is made for looked after children.
If Lambeth education department is unable to provide an education provision for a statemented child in the community, it may then consider joint funding the placement with Children's Social Care. i.e. a statemented child, who is being excluded regularly or permanently excluded, may become eligible for higher levels of education support or joint funding.
Requests for joint funding must be made to the Panel in a planned manner. Any placement, which workers wish to have joint funded, must have its education component DfE approved.
Social Workers must discuss the child's needs with their CLA Education project link Teacher for advice concerning the above and ensure that the Access to Resources Team are made aware of the statement of special educational needs.
Health and Therapeutic Services
Requests for joint funding must be made to the Panel in a planned manner. A criteria of joint funding with Health has been developed using continuing care eligibility.
See also DH Guidance (HSC 20001/015) on Continuing Care and the Coughlan Decision.
The Panel will not approve funding for education, special health or therapy services unless there is evidence that these processes have been used and refused.
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