CHILDREN’S RESOURCE & CARE AND SUPPORT PANEL
LEGAL PROCEEDINGS PANEL
Guidance for practitioners
CONTENTS
1.0 / Introduction / 3
2.0 / Resource & Care and Support Panel tasks / 3
3.0 / When to use the Resource & Care and Support Panel / 4
4.0 / How to refer to the Resource & Care and Support Panel / 4
5.0 / Paperwork required / 5
6.0 / Guidance for Social Workers/Early Help and Leaving Care Practitioners / 5
7.0 / Decisions and Outcomes / 5
8.0 / Core Members of the Panel / 6
9.0 / Time and venue / 6
Request form – Appendix A / 6
Flow Chart – Appendix B / 6
Legal Proceedings Panel
1.0 / Introduction / 7
2.0 / Legal Proceedings Panel tasks / 7
3.0 / When to use the Legal Proceedings Panel / 7
4.0 / How to refer to the Legal Proceedings Panel / 8
5.0 / Paperwork required / 8
6.0 / Guidance for Social Workers/Practitioners / 8
7.0 / Decisions and Outcomes / 8
8.0 / Core Members of the Panel / 9
9.0 / Time and venue / 9
Request form – Appendix A / 9
Flow Chart – Appendix B / 9
CHILDREN’S RESOURCE & CARE AND SUPPORT PANEL
1.0 Introduction
The accommodation of a child or young person by the Local Authority is a very serious decision and one that should not take place without due process. Children and young people at risk of coming into care are those who are currently living with their family / carers but are assessed as in need of urgent intensive support in order for the child to remain at home safely. All efforts must be made to maintain these children within their family network and to support the adults looking after them wherever this keeps children safe and able to thrive.
In Wakefield we believe that good practice only happens through the relationships we have with the children, young people and adults we are trying to help. We will always be careful to balance the authority we have with empathy and respect for everyone with whom we work.
The Children’s Resource & Care and Support Panel aims to ensure that this value is delivered in practice.
The primary aims of the Resource & Care and Support Panel are:
· To ensure that every consideration is given to maintaining a child or young person safely within their home environment or extended family
· To ensure that where a child does need to be looked after; in house resources are considered as the first option and used whenever possible
· To reduce the use of external resources, especially residential so as to keep children connected to their schools, support networks and communities
· To discuss and consider the request for internal/external resources other than accommodation
· To ensure that Wakefield’s resources are appropriately allocated and spent
2.0 Resource & Care and Support Panel tasks
It is the responsibility of the Resource & Care and Support Panel to:-
1. Agree plans to accommodate any child or young person (planned and unplanned) under either section 20 of the Children Act or where police have exercised placement protection orders (PPO) and you are requesting the child remain accommodated under section 20. Panel will also need to consider and where appropriate ratify decisions where children/young people have been accommodated under these orders on an emergency basis. NB issuing proceedings for open child in need or child protection cases are determined via the legal planning meeting process
2. Authorise the type of placement requested and ensure planned use of in-house placements and prioritise need
3. Authorise and review external placements for children in care, including both independent sector residential and IFA placements.
4. Identify where there is potential for shared funding with Education and/or Health, and ask that the practitioner/social worker refers to the Complex Care Panel to enable dual or tripartite funding
5. To ensure that resources such as the Edge of Care Services including Family Group Conference, as well as Children First Hubs (Early Help), CAMHS and other community resources are fully utilised to prevent accommodation, stabilise placements or to help the child/young person return to their family/wider family as soon as is safely practicable
6. To authorise commissioning of independent assessments, residential family assessments and care packages where these have NOT been court directed
7. To authorise all on-going financial commitments to and on behalf of children, young people and their families where the expenditure total amount exceeds £500
3.0 When to use the Resource & Care and Support Panel
· When you think a child may need to be accommodated under either section 20 of the Children Act or where police have exercised placement protection orders (PPO) and you believe that the child should remain accommodated under section 20. NB issuing proceedings for open child in need or child protection cases are determined via the legal planning meeting process
· If a child is accommodated on an emergency basis then the Social Worker/Practitioner must present the request to accommodate at the first Resource & Care and Support panel following the child’s emergency accommodation
· Where the child/young person and their family is in crisis and at risk of family breakdown with the child/young person being at imminent risk of entering care
· Where it appears that a change of a formerly stable placement for a child in care is required either as the placement is no longer able to meet the child/young person’s needs (as outlined in their care plan) or where an external resource is deemed necessary
· Where you have a complex case that it is believed an independent or expert assessment (not ordered by the court) is required
· Where additional resources may be required and cannot be provided in-house
· Where there is a request to fund accommodation and/or subsistence for families with no recourse to public funds
· Where it is requested that a young person should remain in a placement under ‘Staying Put’ arrangements (this must be brought to Panel a minimum of 3 months before 18th birthday)
4.0 How to refer to the Resource & Care and Support Panel
New request to Panel
· Social Workers and/or Practitioners from Early Help Services/Leaving Care services must have discussed and agreed the request with their team manager before coming to Panel. All alternative options and potential solutions should have been considered.
· Consider if there are implications for education with the request and where appropriate invite the relevant professional e.g. Educational Psychologist to attend or provide brief written information from this professional to support your request
· Notify the Panel Co-ordinator 3 days before Panel and submit a Resource & Care and Support Panel request form by that time. You will then be advised of a time to attend
· The form must be signed by the Team Manager or sent to the Panel Co-ordinator from their email account evidencing their authorisation.
· It is expected that the Team Manager will attend with the Social Worker/Practitioner on complex requests
· The Social Worker/Practitioner will be expected to briefly summarise their request as outlined in their request form
Panel review of requests
· Panel will review external placements for children in care, including both independent sector residential and IFA placements. Where a review is due the Panel Co-ordinator will, wherever possible, notify the Social Worker/Practitioner two weeks in advance of the Panel. The Social Worker/Practitioner will need to complete and submit; the review section of the Resource & Care and Support Panel request form; the latest assessment or care plan and the family genogram to the Panel Co-ordinator no later than 3 days in advance of the Panel to allow information to be shared with panel members.
5.0 Paperwork required
1. Resource & Care and Support Panel request form to be completed for all requests to Panel (see below)
2. Genogram, covering all children and young people being considered
3. Most recent assessment / child plan / care plan (CIN Plan, CP Plan or LAC Care Plan)
4. All paperwork should be sent to the inbox
6.0 Guidance for Social Workers/Practitioners
Within the request form you will need to cover points 1 to 9 and be prepared to discuss these further in the meeting:-
1. A brief history including any significant events, court orders, child protection plans and current services
2. Presenting reason for the resource request and what discussions have taken place with partner agencies in relation to provision of services/supports
3. What has already been attempted to resolve the problem
4. What are the views, wishes and feelings of the child/young person?
5. What are the views, of the parents/carers?
6. Any particular health needs
7. Any particular education issues including school placement issues
8. Key family relationships
9. What is the child’s overall plan?
7.0 Decisions and Outcomes
· The Panel Chair will approve all decisions and recommendations and sign off the paperwork
· The decisions and recommendations of the Panel will be written up by the Panel Co-ordinator and provided to the relevant Social Worker/Practitioner, Team Manager and Service Manager within 1 working day
· The Panel Co-ordinator will upload the paperwork and decisions/outcomes on the client record on Care Director by close of play Friday following panel
· The Panel will make recommendations about the level of funding, the continuation or ending of this, and requests for additional funding such as for respite or additional staffing by the appropriate Delegated Decision Maker
· The Panel will make recommendations to refer to the Complex Care Panel and/or to the Legal Proceedings Panel where necessary and appropriate
· The Panel will make decisions about new and existing independent sector and in-house placements, requests for additional resource, or appropriate financial management of placement costs
· An accurate record of discussions, decisions and actions will be kept and a tracker maintained capturing key information to inform future panels (if case should come back or if it is requested that the case is reviewed by the Chair and Panel members)
· The Panel will recommend referrals to Edge of Care Services and/or Early Help, including universal provision to support children and their families in remaining together
8.0 Core Members of the Panel
· Service Director, Safeguarding & Family Support (Panel Chair)
· Service Managers, Safeguarding & Family Support (Family Support / LAC)
· Edge of Care Team Managers
· Head of Virtual School
· Youth Support Representative
· Health 0-19 years (Health Visitor)
· CAMHS (CCG Commissioning)
· Early Help Services (co-opted)
· Commissioning Placements Team
· Police
· Housing (WDH)
Core members will be expected to attend all Panels (or rotate where appropriate) and must send a delegated representative if unable to attend. The membership ensures access to a range of professionals in making timely and appropriate decisions.
9.0 Time and Venue
Thursday Morning 9.00-12.00 (dependent on number of cases being heard), Wakefield One, Wakefield. Venue confirmed when advised of time to attend.
Request form – Appendix A
Flow Chart – Appendix B
1.0 Introduction
Legal Planning is an essential part of the process for dealing with public law children's cases under the Public Law Outline (PLO).
Sir James Munby, President of the Family Division in ‘The Process of Reform: the revised PLO and the Local Authority’, states that a properly organised Legal Proceedings Panel is invaluable and can be the key to achieving timely outcomes to Care Proceedings.
The Legal Proceedings Panel will strengthen the decision making process by ensuring that;
· Appropriate assessments are completed and in a timely manner
· Use of Family Group Conferencing is routinely considered
· All cases are tracked and monitored
· Use of placement with extended family members
· Maximum use of the full range of legal options is considered
· The consistency of decision making in relation to children becoming subject to care proceedings is strengthened
2.0 Legal Proceedings Panel tasks
It is the responsibility of the Legal Proceedings Panel to:-
1. Ensure that decision making regarding the legal threshold for every child and young person benefits from advice, scrutiny and challenge with the purpose of ensuring a consistent approach to how risk is effectively managed
2. Maximise full use of the PLO process and track progress of cases to minimise drift and delay
3. Agree the issuing of care proceedings
4. Provide legal advice to children’s Social Care about the legal options available to safeguard and promote the child’s welfare
5. Improve the quality and content of assessment and evidential reporting
3.0 When to use the Legal Proceedings Panel
· To authorise continued accommodation where a child/young person was accommodated through use of Emergency Protection Order (EPO)
· Where the Social Worker/Practitioner supported by their Team Manager feels the ‘threshold for PLO and/or care proceedings has been met’
· Where consideration of the legal options available to safeguard and promote the child’s welfare are required.
· Where Pre-Birth Assessment is being considered and there are parental learning difficulties or previous intervention by a Local Authority.
· Where consideration is being given to a discharge of Care Order and the child/young person is placed subject to Placement with Parent Regulations.
4.0 How to refer to Panel
· Social Worker/Practitioner must have discussed and agreed the request with their team manager before coming to Panel. All alternative options and potential solutions should have been considered.
· If this case has been to a Legal Proceedings Panel before, or is a 10 week review, make sure to include outcomes achieved since the panel meeting and progress made
· Social workers will be expected to complete the paperwork, ensure it is signed and agreed by Team Manager and submit it to the Panel Co-ordinator at least 3 days prior to the panel or sent to the Panel Co-ordinator from the Team Managers email account evidencing their authorisation.
· It is expected that the Team Manager will attend with the Social Worker/Practitioner on complex cases or in the place of the social worker if she/he is unavailable
5.0 Paperwork required
1. Legal Proceedings request form to be completed for all requests to Panel
2. Genogram, covering all children and young people being considered
3. Chronology of significant events, covering all children and young people being considered
4. Most recent assessment / child plan / care plan (CIN Plan, CP Plan or LAC Care Plan)
5. All paperwork should be sent to the inbox
6.0 Guidance for Social Workers/Practitioners
Within the request form you will need to cover points 1 to 5 and be prepared to discuss these further in the meeting:-
1. A brief history – any significant events
2. Presenting reason for the request
3. What has already been attempted to resolve the situation(s) and what are the main concerns
4. What are the views, wishes and feelings of the child/young person and the parents/carers?
5. What is the longer term plan and how will this request help?
7.0 Decisions and Outcomes
· The Panel Chair will approve all decisions and recommendations and sign off the paperwork
· The decisions and recommendations of the Panel will be written up by the Panel Co-ordinator and provided to the relevant Social Worker, Team Manager and Service Manager
· When finalised Panel Co-ordinator will upload the paperwork and decisions/outcomes on the client record on Care Director by close of play Friday following Panel
· Where panel agrees to Care Proceedings an activity will be triggered by the Panel Co-ordinator to initiate through appropriate channels
· An accurate record of discussions, decisions and actions will be kept and a tracker maintained capturing key information to inform future panels (if case should come back or if it is requested that the case is reviewed by the Chair and Panel members)
8.0 Core Members of the Panel
· Service Manager, Safeguarding & Family Support, Localities (Panel Chair)
· Solicitor/Legal Advisor
· Court Consultant
· One Adoption West Yorkshire (for relevant cases only)
Core members will be expected to attend all Panels and must send a delegated representative if unable to attend. The membership ensures access to a range of professionals in making timely and appropriate decisions.
9.0 Time and Venue
· Thursday Afternoon 13.00-14.45 (dependent on number of cases being heard), Wakefield East
· Thursday Afternoon 15.00-16.45 (dependent on number of cases being heard), Wakefield West
Wakefield One, Wakefield. Venue confirmed when advised of time to attend.
Request form – Appendix A