Dispute Resolution Procedure
Introduction
One of the key functions of the of the Independent Reviewing officers’ and Conference Chairs role is resolve problems arising out of the care planning process for both children looked after and children subject to child protection plans.
The IRO handbook statutory guidance for independent reviewing officers and local authorities on their functions in relation to case management and review of looked after children, only focuses on the care planning of looked after children. However, the handbook acknowledges that there is a correlation between both children subject to a child protection plan and children who become looked after. Therefore as the care planning is interlinked many local authorities have adopted the same standard with regard to care planning for both groups of children.
It is with this principle in mind that Sandwell’s Dispute Resolution Procedure has been designed.
Terminology
Conference Chair is the person that chairs and reviews all children who are subject to a child protection plan
Independent Reviewing officer (IRO) is the person that chairs and reviews all children that are looked after by the local authority.
For the purpose of this procedure the initials IRO will be used.
The terms child relates to both children and young people for the purpose of this procedure
Functions of the IRO in Quality Assurance
‘The primary function and focus of the IRO is to quality assure the care planning and review process for each child and to ensure that his/her current wishes and feelings are given full consideration’ s.1.21 IRO Handbook
- To review all care planning arrangements of the local authority in relation to the concerned child
- To monitor the performance of the local authority’s function
- Identify themes and issues emerging in relation to areas of concern for individual children as well as report upon the quality of the services they receive.
- Ensure that plans for children are based a detailed and informed assessment, that the assessments are up to date, effective and led by a child’s individual needs.
- To identify areas of good practice and share these accordingly to promote such practice further
- Chair the child’s review
- Monitor the child’s case on an on-going basis
The IRO will NOT case manage, supervise or devise the care plan s.1.22 IRO handbook
In exercising the function of quality assurance the Independent Reviewing Officer/Conference Chair to have access to the following:
- ICS case notes
- Child protection plans
- Care plans for Looked after Children – All documents in relation to child care and child protection planning processes.
- Assessments such as core/parenting/initial/psychologist/psychiatric that relate to the child and family members.
- Pathway plans for Care leavers
- Permanence plans
- Core group minutes
- Initial conference reports/review conference reports
Dispute resolution Procedure- process for escalation
The formal Dispute Resolution Procedure within each local authority should have timescales in total of no more than 20 days. (s 6.2 IRO Handbook)
The individual IRO is personally responsible for activating the DRP, even if this action is not in accordance with the child’s wishes and feelings but in the professional opinion of the IRO will promote the child’s best interests and welfare and/or will protect the child’s human rights.
The dispute resolution in this document is used when there the IRO identifies an issue relating to care planning (child protection or when a child is looked after) within Children’s Services under their active review. When there is a dispute between agencies, the Sandwell LSCB Conflict Resolution should be followed, this procedure can be found on the LSCB Website.
IRO’s can at any point in the dispute resolution process refer a concern to CAFCASS if it is felt that this is in the child’s best interest. It is for the IRO (and their manager) to determine the level of concern. This will be based upon the presenting issues and historical concerns relating to the case. On doing so the Head of Service will be informed with the reasons why.
The IRO can determine what level to begin the process of the Dispute resolution procedure dependent on the concerns. They can choose whether this can be an informal (see below for more detail) or formal dependent on the concerns
Both informal and formal dispute resolution procedures will be recorded on the child’s file. For Sandwell this will be in the child’s ICS record. (this will bring Sandwell in line with neighbouring local authorities practice)
There will be times when the IRO may be advised that obstacles in the way of resolving the issue are outside the control or beyond the control of the local authority, for example in relation to staffing, interagency or resource issues. However, if these are impacting on the ability of the department to meet the needs of the child as identified in the child’s care plan, the IRO should continue to escalate the issue s6.5 IRO handbook
Informal
Informal Dispute Resolution is to occur in the first instance between the IRO, Team Manager and the social worker and most often this will occur by email with an agreed deadline that is reasonable and realistic in terms of all parties. It is really important that this stage happens and is fully recorded.
If the issue is not resolved then the formal procedure will be instigated. The Social worker & Team Manager will be informed why it has been escalated to a formal notification.
Formal
If the issues have not been resolved at the informal stage, within the timescales agreed then the formal stage will be implemented.
The guidance below supports the attached pro-forma that will be used in all formal dispute resolution.
Stage One - Social Worker / Team Manager
This level of the dispute resolution process is to support early intervention with regard to resolving matters quickly to prevent escalation of a dispute/concern. This will be sent to the SW and the Team manager.
Stage Two
This is for Operations Managers/Group Head.
Stage Three
This is for the Service Director.
In total if the process has to be escalated through the three stages the DRP process should be completed in twenty working days.
The IRO will set the timescale for resolution at each stage of the process. The IRO will set this in relation to the needs of the child for a resolution.
Note: Failure to receive response at level 3 could result in CAFCASS referral.
As per 6.3 IRO handbook: The IRO is personally responsible for activating the dispute resolution process, (regulation 45) and may consider it necessary to make a concurrent referral to Cafcass at the same time that s/he instigates the dispute resolution process
How will this work in practice
At each stage of the process there will be a principle of trying to resolve issues as soon as possible.
It is for the IRO to escalate the process if not resolved within agreed timescales.
Performance Data
As part of the monitoring requirement of the IRO performance data will be collated by the MIS team on a monthly basis. The data will monitor the amount of IRO activity on cases i.e. the amount of recording that is occurring by the IRO and how many formal dispute resolutions have occurred and at what level. In having such information this will enable teams and Sandwell more clearly identify emerging themes and issues early such as gaps in resources and support targeted training where needed from either workforce development or the LSCB.
Appendix 1
FORMAL DISPUTE RESOLUTION PROCESS - STAGE 1/2/3:Dispute Resolution Form
DATE DRP issued:
From:
To:
Cc:
(IRO)
(Social Worker)
(Team Manager)
Maximum response time within 5 Working Days.
Name of Child/Children:
ICS Number:
Summary of IRO Concern(s):
Requested Action:
Please respond below:
Response by Social Worker/Team manager (to include timescales for task completion):Please respond below:
Response by Social Worker/ Team Manager (to include timescales for task completion):Response by Group Head
Resolution of Dispute (recorded by IRO): (If Not Resolved Progress to Stage 3)
Date:
Appendix 2
Appendix Three
FORMAL DISPUTE RESOLUTION PROCESS - STAGE 3:Dispute Resolution Form
Date Stage One DRP issued
Date Stage Two DRP Issued
Date Stage Three DRP Issued
From:
(IRO)
To:
(Service Director, children & Families)
Maximum response time within 5 Working Days.
Name of Child: DOB:
ICS Number:
Social Worker:Team:
Summary of IRO Concern(s):
Requested Action:
Please respond below:
Response by Social Worker (to include timescales for task completion):Response by Group Head
Response by Service Director
Resolution of Dispute (recorded by IRO): Date:
[IL3: RESTRICTED]