Problem Resolution and Dispute Resolution Guidance and Process for the IRO

  1. The IRO Handbook refers to Problem Resolution in the following way: 6.1 One of the key functions of the IRO is to resolve problems arising out of the care planning process. It is expected that IROs establish positive working relationships with the social workers of the children for whom they are responsible. Where problems are identified in relation to a child’s case, for example in relation to care planning, the implementation of the care plan or decisions relating to it, resources or poor practice, the IRO will, in the first instance, seek to resolve the issue informally with the social worker or the social worker’s managers. The IRO should place a record of this initial informal resolution process on the child’s file. If the matter is not resolved in a timescale that is appropriate to the child’s needs, the IRO should consider taking formal action.
  1. The IRO will make a judgement about how best to resolve concerns based on the seriousness of each case.
  1. Therefore when possible IROs will attempt to work with social workers and team managers to resolve concerns and get things back on track. This will require collaboration to resolve the issue in a timescale which meets the child’s needs.
  1. There will be instances when the IRO is so concerned that informal resolution is not an option. This is because of the gravity of the situation for the child or because informal resolution has not succeeded.
  1. In these circumstances the IRO will raise the concern through the Formal Dispute Resolution Protocol(DRP). The IRO will also consider whether to make a referral to CAFCASS.
  1. For the DRP to be successful it is important to remember this is about a child and their needs. We all need to respect the process and respond to the concern that has been raised.
  1. See Appendix 1 for a list of issues that may trigger either an Informal Resolution or a DRP depending on the severity of the issue and impact on the child.

Recording and Reporting Informal and Formal DRP

  1. Work Flow: Team Managers and Social Workers will need to be notified when an IRO has decided that a concern is being raised informally.
  1. IROs will Work Flow their concerns on the child’s file. See Appendix 2
  1. Team Managers, Social Workers and Group Heads will need to be notified when an IRO has decided that a concern is being raised as a Formal DRP.
  1. The IRO will decide at which stage to start the DRP and notify the relevant Manager.
  1. IROs will complete the Formal DRP Template and email this as an attachment to the appropriate Social Worker, Team Manager and when appropriate, Group Head, Director.
  1. The Formal DRP form is stored in ESCR in the DRP Folder, not on the Child’s File.
  1. It is the IRO’s responsibility to update the Tracker on a weekly basis and to keep their Line Manager informed about the progress of a case.
  1. Informal Resolution: The concern can be briefly outlined in the Case Note and worked flowed to the relevant TM and SW.
  1. IROs should always set a timescale for resolution on the case note. When trying to resolve concerns informally this can be longer than 20 working days but should always be set with the child’s needs in mind.
  1. For example; a child needs a passport to go on holiday. The holiday is 4 months away. However this task is outstanding from the previous review. The IRO may wish to resolve this issue informally with a mind to escalate if the matter is not resolved in say 30working days and the child is getting anxious.

Informal Resolution and Formal DRP Tracker

The Quality Assurance Unit will report on the IRO activity in relation to Informal Resolution and Formal Dispute Resolution.See Appendix 3

Appendix 1

  • Statutory visit not being undertaken
  • Child not seen in between reviews or spoken to alone
  • Life story work is required but there is delay
  • Drift and delay in progressing the Care Plan and this is having an impact on the child’s life chances
  • Drift and delay in progressing the Child Protection Plan and this is having an impact on the child’s safety
  • The Core Group Process is ineffective
  • No progress in obtaining legal documents for a young person, iebirth certificate, passport, bank account
  • Poor oversight and management of a child’s savings
  • KEY recommendation to progress the Care Plan/Child Protection Plan not carried out and timescale missed
  • Delay in revocation of the Care Order
  • Delay in revocation of a Placement Order
  • Child’s Voice; child has raised a concern and this has not been responded to
  • Social Worker has changed although the Social Worker has not left the department
  • The Care Plan has not been updated and there has been a significant change to the child’s circumstances
  • The child does not have a Pathway Plan
  • The child does not have a Pathway Plan based on a Pathway Plan Needs Assessment
  • There is a proposal to change the child’s placement and the child has not been consulted about this
  • The Assessment is incomplete
  • Insufficient information available to the Review or Conference
  • The child’s contact needs are not being met
  • The child has lost connection with important family ties
  • Delay in achieving permanence for the child
  • The child’s legal status does not keep the child safe
  • The child’s legal status is insufficient to enable permanence to be achieved and to promote the child’s best interests
  • The PEP has not assessed the child’s educational needs
  • The PEP has not identified actions to meet the child’s educational needs
  • The PEP is insufficiently aspirational for this child
  • The Health Plan has not identified the child’s health needs
  • The Health Plan does not set out how the child’s health needs will be met and who is responsible for this.

Appendix 2:

Workflow Quick Guide

  1. Input your case note which you would like to send to SW/Manager/Team. The case note is either Informal DRP or Formal DRP.
  1. Click to SAVE the contact and then click the ACTION button.
  1. Click “ADD ACTION”
  1. In the Action tab select “Care Plan – Social Worker Update required”.
  1. Action date is always todays date.
  1. Do not complete “date completed”.
  1. Add “note” if needed eg. See case recording – by IRO.
  1. Click “add person”.
  1. Clear fields and then search for Social Worker/Manager and click “find person”.
  1. Select “Social Worker/Manager” by clicking onto ICS number under person identifier.
  1. The IRO will always add their own manager so that their manager is aware of the Informal Resolution or Formal DRP.
  1. Repeat 8-10 if you need to add more people.
  1. Click “Save” then “Continue”.
  1. Task has then been work flowed to the named person.
  1. Exit ICS

*If searching for SW/Managers regularly if you write down their number this is a quicker way of searching (as you do with a Child’s ID)

Appendix 3:

Informal Resolution and Formal DRP Tracker

The Quality Assurance Unit will report on the IRO activity in relation to Informal Resolution and Formal Dispute Resolution.

The Tracker will capture the number of Informal and Formal Resolutions issued by IRO’s and the type of concerns that are being raised.

It will also capture how well Children’s Social Care are responding to concerns raised by IROs.

When the IRO’s Manager is notified that an Informal Resolution or Formal Resolution has been Work Flowed this will be recorded on the Tracker

The information in the Tracker will be analysed and included in the Unit’s Quarterly and Annual Report

The Tracker is stored in Quality Development Directory in the Admin Folder.

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