Amendments

June 2024

Caption: June 2024
   
Updated Chapters
Chapter Name Details
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities This chapter has been amended to include information from Special Educational Needs and Disability: Improving Local Authority Decision Making - Report of the Administrative Justice Council’s Working Group on Special Educational Needs and Disability. Section 15, Resolving Disagreements has been updated to include information on Guidance: Carry Out an Order in Special Educational Needs Cases.
Aftercare under Section 117 of the Mental Health Act 1983 Section 2, Ordinary Residence was updated in line with case law.
Unaccompanied Children and Child Victims of Trafficking and Modern Slavery A link has been added in Section 4, Age Assessment to BASW Age Assessment Practice Guidance. In Further Information, a link has been added to Operation Innerste Process: Caseworker Guidance.
Families with No Recourse to Public Funds Section 3.2.5, Providing Support has been updated to reflect the Home Office increase in financial support to individuals waiting to find out if they will be given asylum in the UK.
Young Carers This chapter has been refreshed.
Derbyshire County Council Scheme of Delegated Authority This document has been updated.
New Chapters and Features
Chapter Name Details
Children and Young People’s Continuing Care National Framework This chapter has been added to the manual.
Next Update: December 2024

December 2023

Caption: December 2023
   
Updated Chapters
Chapter Name Details
Capacity and Consent Amendments have been made to reflect case-law in relation to assessing legal capacity.
Sufficiency Strategy (2022-2025) A PDF document has been added.
Care and Supervision Proceedings and the Public Law Outline Information has been added into Section 4, Care Orders and Supervisions Orders on a Care Plan of the Child Remaining at Home in relation to Supervision Orders, in line with Public Law Working Group (PLWG) Recommendations to Achieve Best Practice in the Child Protection and Family Justice Systems: Supervision Orders.
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities This chapter has been updated. Information has been added into Section 15, Resolving Disagreements in relation to legal aid for foster carers and prospective adoptive parents in First Tier Tribunal appeals.
Unaccompanied Children and Child Victims of Trafficking and Modern Slavery This chapter has been updated. Information has been added in to Section 4, Assessment in relation to the National Age Assessment Board.
Decision to Look After Section 3, Section 20 Accommodation has been updated in line with case-law.
Placements in Other Arrangements This chapter has been refreshed.
Supporting the Education and Promoting the Achievement of Children with a Social Worker, Looked After and Previously Looked After Children This chapter has been refreshed.
Leaving Care and Transition This chapter has been amended to note that with effect from 1 April 2023, the leaving care allowance increased from £2,000 to £3,000. 
Applications for Special Guardianship Orders and the Special Guardianship Support Scheme This chapter has been updated to reflect the updated Public Law Working Group Best Practice Guidance. This includes the new interim guidance, issued by the President of the Family Division, that addresses the lawful extension of care proceedings beyond 26 weeks. Section 7.1, Placement before Special Guardianship Order is made has been added in line with guidance that states where there is no pre-existing relationship between the child and special guardians the child should be placed on an interim basis before the special guardianship order is made.
Fostering for Adoption / Early Permanence Placements This chapter has been refreshed and a link added to National Early Permanence Practice Standards (Coram Centre for Early Permanence).
Derbyshire County Council Scheme of Delegated Authority This PDF document has been replaced.
New Chapters and Features
Chapter Name Details
Ofsted Inspection Framework This chapter has been added to the procedures manual.

June 2023

Caption: June 2023
   
Updated Chapters
Chapter Name Details
Care and Supervision Proceedings and the Public Law Outline Section 8, Court Hearings has been updated in line with 'A View From the President's Chambers: Relaunching the PLO (November 2022)' and that section should be re-read.
In Relevant Guidance, a link has been added to Pre-proceedings and Family Justice Hub (Research in Practice).
Case Records and Retention This chapter has been updated in relation to the Independent Inquiry into Child Sexual Abuse.
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities This chapter has been updated to include information from Guidance: Area SEND Inspections Framework and Handbook (November 2022).
Placing and Visiting Children with Special Educational Needs and Disabilities or Health Conditions in Long-Term Residential Settings This chapter has been updated to include information from the UK Social Work Practice in Safeguarding Disabled Children and Young People report.
Remands to Local Authority Accommodation or to Youth Detention Accommodation This chapter has been amended to include information from Annex to MOJ Circular 2022/03: Additional Information on Remand to Local Authority Accommodation (RLAA).
Health Care Assessments and Plans Information in relation to allergies has been added into Section 4, Health Plans.
Positive Relationships and Behaviour Management This chapter has been amended to incorporate Ofsted feedback. Additional information has been added into Section 2, Positive Behaviour Support and Section 5.4, Recording of Sanctions.
Health and Safety Information in relation to allergies has been added into Section 6, Diet, Nutrition and Allergies.
Marriage/Civil Partnership of a Looked After Child This chapter has been amended to reflect that the Marriage and Civil Partnership (Minimum Age) Act 2022 raised the age of marriage and civil partnership to 18 in England and Wales, with effect from 26 February 2023.
Leaving Care and Transition This chapter has been revised to include information from the revised Ofsted inspection framework.
Allegations Against Foster Carers This chapter has been amended in line with revised Keeping Children Safe in Education. A new Section 2, The Difference Between an Allegation of Harm and a Concern has been added.
Allegations Against Prospective Adopters and in Relation to Children Placed for Adoption or Already Adopted This chapter has been amended in line with revised Keeping Children Safe in Education. A new Section 2, The Difference Between an Allegation of Harm and a Concern has been added.
Applications for Special Guardianship Orders and the Special Guardianship Support Scheme This chapter has been updated to reflect the updated Public Law Working Group Best Practice Guidance. This includes the new interim guidance, issued by the President of the Family Division, that addresses the lawful extension of care proceedings beyond 26 weeks. Section 7.1, Placement before a Special Guardianship Order (SGO) is Granted has been added in line with guidance that states where there is no pre-existing relationship between the child and special guardians the child should be placed on an interim basis before the special guardianship order is made.
New Chapters and Features
Chapter Name Details
Children Involved in the Youth Justice System: Additional National Guidance This chapter has been added.

December 2022

Caption: December 2022
   
Updated Chapters
Chapter Name Details
Care and Supervision Proceedings and the Public Law Outline This chapter has been amended throughout in line with Management Guidance in Public Law Children Cases: March 2022.
Aftercare under Section 117 of the Mental Health Act 1983 This chapter has been amended to refer to Guidance issued by the Local Government and Social Care Ombudsman and the Parliamentary and Health Service Ombudsman. A new Section 2, Ordinary Residence has been added.
Decision to Look After This chapter has been updated.
Care Planning This chapter has been updated.
Remands to Local Authority Accommodation or to Youth Detention Accommodation This chapter has been amended to reflect changes to the Youth Remand Framework under the Police, Sentencing and Court Act 2022.
Placements Outside England and Wales Section 3, Placements in Scotland, Northern Ireland, Isle of Man and Guernsey has been updated in line with the Cross-border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 and Cross-Border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022: Practice Guidance, Notice and Undertaking Template.
Family Time / Contact with Parents and Siblings Section 3, Supervised Contact has been updated to reflect a finding by the Local Government and Social Care Ombudsman that the supervisor's observations of the contact must be clearly recorded in the child's record and shared with the parents within 3 months of the visit.
Positive Relationships and Behaviour Management This chapter has been given a general refresh.
Restrictive Physical Intervention and Restraint This chapter has been refreshed, including the addition of Section 8, Children and Young People with Support Needs and Section 10, After Applying Restraint.
Children in Care in Contact with Youth Justice Services Section 2, Children in Care who are Arrested has been updated in relation to appropriate adults.
Fostering Panel This chapter has been given a general refresh.
Supervision and Support of Foster Carers This chapter has been updated.
Allegations Against Foster Carers This chapter has been updated.
Recruitment, Assessment and Approval of Prospective Adopters This chapter has been updated.
Adoption Panel This chapter has been refreshed.
Placement for Adoption This chapter has been updated.
Adoption Support This chapter has been refreshed.
Disruption of Adoptive Placements This chapter has been refreshed.
New Chapters and Features
Chapter Name Details
Providing Personalised Care This chapter has been added.
Equality and Diversity This chapter has been added.
Leisure Activities This chapter has been added.
Risk Assessment and Planning This chapter has been added.
Health and Safety This chapter has been added.
Training and Development of Foster Carers This chapter has been added.

June 2022

Caption: June 2022
   
Updated Chapters
Chapter Name Details
Care and Supervision Proceedings and the Public Law Outline This chapter has been updated throughout.
Legal Planning Meetings This chapter has been updated throughout.
Use of Social Media Sites by Social Care and Safeguarding Staff This chapter has been given a general refresh.
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities Section 15, Resolving Disagreements has been updated in line with the First Tier Tribunal's extended powers to hear appeals and make non-binding recommendations about health and social care aspects of Education, Health and Care (EHC) plans, provided those appeals also include education elements.
Unaccompanied Children and Child Victims of Trafficking and Modern Slavery This chapter has been updated throughout.
Decision to Look After and Care Planning Section 1.3, Section 20 Accommodation has been revised in line with the Public Law Working Group (PLWG) Recommendations to Achieve Best Practice in the Child Protection and Family Justice Systems.
Ceasing to Look After a Child This chapter has been updated to add a note regarding transferring a child's belongings in appropriate luggage and includes a link to NYAS, My Things Matter Report (see Section 5, Administration / Process Issues).
Placements in Foster Care This chapter has been amended to add a link to the NYAS 'My Things Matter' Report – support and respect care-experienced children and their belongings when they move (see Section 4, Placement Planning).
Placements in Residential Care This chapter has been amended to add a link to the NYAS 'My Things Matter' Report – support and respect care-experienced children and their belongings when they move (see Section 2.3, Placement Planning).
Secure Accommodation Policy Section 10, When Section 25 Criteria is Not Met has been updated in line with case-law.
Placements with Parents A link to Public Law Working Group Best Practice Guidance was added.
Family Time / Contact with Parents and Siblings A link to a resource produced by Childnet has been added into Relevant Guidance.
Education of Children in Care and Previously Looked After Children This chapter has been updated to reflect Keeping Children Safe in Education. Schools should have policies and processes in place to ensure all concerns about all adults working in or on behalf of the school or college (including supply teachers, volunteers and contractors) are dealt with promptly and appropriately. See Section 7.3, Protecting Children with a Social Worker, Looked After Children and Previously Looked After Children from Adults Who May Pose a Risk to Them and/or Other Children in the School.

It has also been significantly amended to reflect the 'Review of Sexual Abuse in Schools and Colleges (Ofsted)'; updated 'Keeping Children Safe in Education' (see Further Information) and Sexual Harassment in Education – Briefing (House of Parliament Library) (see Section 7.2, Protecting looked after children from sexual harassment and peer on peer abuse).

The chapter has also been amended to reflect Promoting the Education of Children with a Social Worker: Virtual School Head Role Extension.
Restrictive Physical Intervention A link has been added to Ofsted guidance Positive Environments Where Children Can Flourish. See Relevant Guidance.
Leaving Care and Transition This chapter has been amended to add a link to the NYAS 'My Things Matter' Report – support and respect care-experienced children and their belongings when they move (see Scope of This Chapter).

December 2021

Caption: December 2021
   
Updated Chapters
Chapter Name Details
Children's Services Policies, Values and Principles This chapter has been amended throughout to reflect changes in local practice
Capacity and Consent Section 4.3, Consent to the Use of Medication to Suppress Puberty has been updated and new Section 5.4, Consent to Life-ending Withdrawal of Medical Support has been added, to reflect High Court judgments. Section 2.1, Consent to Information Sharing has been updated to reflect revisions contained in the statutory guidance Working Together to Safeguard Children.
Requests for Support This chapter has been reviewed and updated to reflect guidance from the refreshed Working Together to Safeguard Children.
Care and Supervision Proceedings and the Public Law Outline

This chapter has been updated to reflect Practice Guidance on Special Guardianship (Family Justice Council, June 2020). See in particular Section 9, Expectations of the Local Authority by the Court.

Section 2, Pre-Proceedings has been updated to include information in relation to pre-birth assessments and planning where the mother has learning disabilities.
Complaints and Representations This chapter has been amended to reflect the Children's Statutory Complaint Process: Guide for Practitioners (Local Government & Social Care Ombudsman, 2021). (See Relevant Guidance).
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities This chapter has been updated to include links to related reports from the House of Commons Library. (See Further Information and Statutory Guidance).
Short Breaks Information has been added in relation to the prohibition on looked after children under the age of 16 being placed in 'other arrangements' placements for the purposes of a short break.
Unaccompanied Children and Child Victims of Trafficking and Modern Slavery This chapter has been refreshed throughout.
Relinquished Children This chapter has been updated to reflect case-law setting out lessons for the future in non-notification cases.
Placements in Residential Care This chapter has been updated.
Out of Area Placements Section 6, Placements in Wales has been updated in line with updated Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review.
Placements with Parents Section 1, Planned Placements has been updated to add information on placements in 'other arrangements'.
Placements Outside England and Wales Section 3, Placements in Scotland, Northern Ireland, Isle of Man and Guernsey has been updated in line with updated Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review.
Delegation of Authority to Foster Carers and Residential Workers New Section 7.4, Consent to Life-ending Withdrawal of Medical Support was added, to reflect a High Court judgment.
Advocacy and Independent Visitors This chapter has been updated.
Looked After Reviews This chapter has been amended throughout in line with local practice.
Appointment and Role of Independent Reviewing Officers This chapter has been amended throughout in line with local practice.
Education of Children in Care and Previously Looked After Children This chapter has been revised. In Section 5, When a Child Needs or Joins a New School, information has been added on the School Admission Code.
Leaving Care and Transition This chapter has been amended throughout in line with local practice.
Applications for Special Guardianship Orders and the Special Guardianship Support Scheme This chapter has been revised to reflect Practice Guidance on Special Guardianship published by the Family Justice Council (June 2020). Information has also been added on the School Admission Code.
Court Reports in Adoption/Special Guardianship Guidance This chapter has been updated.
New Chapters and Features
Chapter Name Details
Placements in Other Arrangements This chapter has been added to the manual.

June 2021

Caption: June 2021
   
Updated Chapters
Chapter Name Details
Capacity and Consent This chapter has been updated to include information on a High Court case in relation to consent in the context of the use of medication to suppress puberty. Information has been added in relation to NICE Quality Standard: Decision-Making and Mental Capacity.
Thresholds for Children's Services This guidance has been reviewed and updated throughout.
Requests for Support This procedure has been updated throughout; it should be read in full.
Significant Incidents - Death of or Serious Harm to a Child (Looked After and Child in Need) This chapter has been reviewed and updated to reflect current processes to be followed in Derbyshire when Children's Social Care are notified of a serious childcare incident.
Electronic Recordings of Meetings and Conversations This guidance has been reviewed and updated to include a new Section 5, Employees of the Local Authority, Acting in their Professional Capacity, Recording Meetings/Conversations.
Secure Accommodation Policy This guidance has been reviewed throughout and updated as required to reflect current arrangements in Derbyshire for obtaining a Secure Accommodation Placement. A new Section 10, When Section 25 Criteria is Not Met covering the use of Inherent Jurisdiction to Authorise a Placement Involving a Deprivation of Liberty When One or More of the Relevant Criteria Under Section 25 Children Act 1989 are Not Satisfied has been added.
Delegation of Authority to Foster Carers and Residential Workers This procedure has been updated to include guidance in relation the provision of contraceptives and contraceptive advice to under 16s, in line with the Fraser Guidelines. Further information has been added on the importance of assessing risk with sexually active young people aged 18 and under, to ensure that that they are not in sexual relationships which are exploitative or abusive. See Section 7, Delegation in the Context of the Child's Health.
Holidays and School Trips in and Outside the UK This guidance has been updated to take account of the UK's departure from the European Union, and the corresponding introduction of the Global Health Insurance Scheme (GHIC).
Leaving Care and Transition This chapter has been updated with a link added to the publication Joint Housing Protocols for Care Leavers: good practice advice (DfE and MHCLG) which looks to support the development of joint protocols that can help local authorities to meet the accommodation needs of care leavers. Additional content has therefore been added in a new Section 8, Joint Housing Protocols for Care Leaver as well as Section 10, Reviews of Pathway Plans and Section 13, Where Care Leavers Live or Move to a Different Local Authority Area.
Responsibilities of the Local Authority to Former Looked After Children and Young People in Custody This chapter has been updated to reflect  the content of Section 2.6 Care leavers Leaving Custody contained in the publication Joint Housing Protocols for Care Leavers: Good Practice Advice (DfE and MHCLG) 2020. (See Section 3.9, Planning for Release).
Removed Chapters
  • Holidays and School Trips Outside the UK.

 

December 2020

Caption: December 2020
   
Updated Chapters
Chapter Name Details
Complaints and Representations Information contained in this procedure has been reviewed and refreshed as required.
Provision of Accommodation to Homeless 16 and 17 year olds The Derbyshire County Council Joint Protocol on Young People aged 16/17 presenting with Accommodation Needs which links from this section of the manual has been updated.
Families with No Recourse to Public Funds This guidance has been reviewed and updated.
Notification of Significant Events This procedure has been updated to reflect the latest Ofsted guidance for social care providers on the types of incident which they consider to be serious and which will therefore require notification to the regulatory authority.
Staying Put This guidance has been reviewed locally and substantially updated.
Placement for Adoption This procedure has been updated to reflect the different roles of the regional Adoption Agency (Adoption East Midlands) and the local authority and the placement of children for adoption.
New Chapters and Features
Chapter Name Details
Capacity and Consent In this new chapter, guidance is offered in relation to the various situations in which consent is likely to be sought, with reference to previous legal judgements. This is a potentially complex practice arena and if the practitioner is in any doubt about gaining consent they should always seek further advice from managers and legal advice must be sought as necessary.
Storage of Data on Mobile Devices

This new chapter provides guidance on the storage of personal data (including photographs) on mobile devices. 'Personal data' is any information about an identifiable living individual.

'Mobile devices' includes memory sticks, mobile telephones including smartphones, tablet technologies, netbooks and laptops.

Use of Social Media Sites by Social Care and Safeguarding Staff The use of social media in a social care and safeguarding environment is a developing area. Cases and reviews have discussed the use of social media in social work practice. There is, however, currently no specific government guidance on the issue. This new chapter is designed to highlight some of the issues to be considered, with links to additional information. It is not intended to provide any legal advice, and legal advice must be sought as appropriate. Local Authorities and Courts may have local protocols in place on the use of social media/service of documents.
Covid Testing for Children in Care This new chapter provides guidance for staff on arranging a Covid test for a Child in Care


June 2020

Caption: June 2020
   
Updated Chapters
Chapter Name Details
Confidentiality Policy This policy has been reviewed and updated as required.
Family and Friends Care A new Section 6.7, Direction under Section 38(6) has been added to explain that any financial support available to parents or carers in this circumstance is at the discretion of the Team Manager who must follow relevant guidance.
Recording Policy and Guidelines This chapter has been amended to reflect a Blog written by Yvette Stanley, Ofsted's National Director for Social Care. The Blog highlights feedback from a number of inspections and explores what good recording should look like. (Ofsted: developments in children's social care – What makes an effective case record?)
Child Arrangements Orders and Derbyshire Support Scheme This guidance has been extensively revised.
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities A note has been added into Section 1, Principles to draw attention to OFSTED's advice that Local Authorities should exercise due diligence in ensuring schools for pupils with SEND are registered with the DfE as required.
Unaccompanied Asylum Seeking Children This chapter has been updated to take account of the new NRM digital referral form to report Modern Slavery.
Notification of Significant Events This procedure has been updated to reflect revised guidance issued by Ofsted to Children's Homes Providers in August 2019. The revised guidance sought to clarify what is meant by a 'serious event' in relation to a child living in a Children's Homes with the aim of reducing the overall number of notifications made to Ofsted, and in particular reducing the number of repeat notifications made as a result of submitting additional / updated information.
Leaving Care and Transition This guidance has been reviewed and updated throughout to reflect current arrangements for supporting young people in Derbyshire as they prepare to leave care.
Derbyshire County Council Scheme of Delegated Authority This chapter has been updated.

December 2019

Caption: December 2019
   
Updated Chapters
Chapter Name Details
Care and Supervision Proceedings and the Public Law Outline This procedure has been updated to reflect HHJ Greensmith's comments in the case of M and N (Children: Local authority gathering, preserving and disclosing evidence) [2018] EWFC 40 (1 June 2018)) (see Section 9, Good Local Authority Practice During Proceedings). Reference has also been made to the Family Court Justice Interim Guidance on Special Guardianship, Courts and Tribunals Judiciary (May 2019) (see Section 1, Introduction).
Recording Policy and Guidelines This chapter has been updated to reflect HHJ Greensmith's comments in the case of M and N (Children: Local authority gathering, preserving and disclosing evidence) [2018] EWFC 40 (1 June 2018).
Decision to Look After and Care Planning This procedure has been revised to include a note that the Care Plan must identify whether there is reason to believe the child has been trafficked or is an unaccompanied asylum seeker (see Section 2.1, The Care Plan - Contents).
Placement Planning and Disruption Meetings Section 2, Disruption Meetings has been reviewed and updated as required to reflect local practice.
Placements with Parents This chapter has been updated to note that this procedure does not apply to children subject to Interim Care Orders where the placement is required by the court under Section 38(6) Children Act 1989 for the purposes of assessment (see Scope of This Chapter).
Secure Accommodation (Criteria) Reviews This chapter has been updated to reinforce the requirement for clear separation of reviews (for clarifying whether the criteria for keeping a child in secure accommodation are met, and the child's Looked After Review. Clarifying whether the criteria for keeping a child in secure accommodation continue to be met must come before a Looked After Review so the decision can inform the Looked After Review. The reviews must be chaired by different individuals.
Notification of Significant Events This guidance has been reviewed and updated throughout to reflect the latest Ofsted guidance on those incidents which should be notified to the regulatory authority.
Education of Children in Care and Previously Looked After Children This chapter has been updated to reflect amendments introduced by the Children and Social Work Act 2017. These changes relate to the status of 'Previously Looked After Children' i.e. a Previously Looked After Child is one who is no longer Looked After in England and Wales because they are the subject of an Adoption, Special Guardianship or Child Arrangements Order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person, or has been adopted from 'state care' outside England and Wales. The chapter includes a new Section 15, Mental Health and a new Section 7, Safeguarding Children in Care at School.
Health Care Assessments and Plans A new Section 3.5, Consent to Health Care Assessments has been added to provide additional information on the circumstances when young people can consent to their own Health Assessments and treatment.
Assessments and Approvals of Foster Carers A link to a recent publication from HM Government: Attending an IRM Panel: information sheets have been added in Section 9, Representations / Independent Review Procedure. The information sheets, summarise what to expect if you're attending an Independent review mechanism (IRM) panel.
Supervision and Support of Foster Carers This guidance has been updated to reflect in more detail the foster carer's role and responsibilities with respect to Fostering National Minimum Standards – Notification of Significant Events (see Section 1, Introduction) and relevant aspects of Schedule 6 The Fostering Services (England) Regulations 2011 (see Section 2, Planned Supervision Visits for full details).
Review and Termination of Approval of Foster Carers A link to a recent publication from HM Government: Attending an IRM Panel: information sheets have been added in Section 5, Representations / Review Procedure. The information sheets, summarise what to expect if you're attending an Independent review mechanism (IRM) panel.
Allegations, Incidents and Concerns Against Foster Carers This guidance has been re-written and should be read in full.
Assessment and Approval of Prospective Adopters This guidance has been substantially revised to reflect that the assessment and approval of prospective adopters is carried out by the Regional Adoption Agency, Adoption East Midlands. Derbyshire Children's Services remain responsible for the assessment of inter country and step parent adoptions.
Court Reports in Adoption/Special Guardianship Guidance This chapter has been updated to note the Family Justice Council Interim Guidance on Special Guardianship, Courts and Tribunals Judiciary (May 2019).
New Chapters and Features
Chapter Name Details
Placing and Visiting Children with Special Educational Needs and Disabilities or Health Conditions in Long-Term Residential Settings This new chapter reflects statutory guidance in relation to children who are placed by health authorities or local authorities for more than 3 months in residential establishments for educational purposes and children placed in care homes or independent hospitals (including hospices) by health authorities or local authorities (Sections 85 and 86 of the Children Act 1989).
Male Circumcision Policy and Procedure This guidance has been added to the manual.

June 2019

Caption: June 2019
   
Updated Chapters
Chapter Name Details
Plan, Do, Review Section 7.1, Review and Oversight by Managers has been updated to reflect the role of the Team Manager and Practice Supervisor in reviewing children who have been subject to Child in Need Plans for longer than 6 months.
Death of or Serious Harm to a Child (Including Children In Care)

This chapter has been amended to reflect that, sine 29 June 2018:

Within 5 working days of becoming aware of a serious incident local authorities must;

  • Notify the National Child Safeguarding Practice Review Panel (the Panel); and
  • Notify Safeguarding Partners, or Local Safeguarding Children Board where the new partnership arrangements are not yet in place, to undertake a 15 day Rapid Review in line with the Child Safeguarding Practice Review process into all serious child safeguarding cases promptly, and complete this within 15 working days of becoming aware of the incident.
Child in Need Plans and Reviews Section 3, Reviews of Child in Need Plans has been updated to set out expectations in relation to the frequency and format of Child in Need Reviews. In addition, Section 3.1, Review and Oversight by Managers has been updated to reflect the role of the Team Manager and Practice Supervisor in reviewing children who have been subject to Child in Need Plans for longer than 6 months.
Private Fostering This guidance has been reviewed throughout and updated as required to reflect current practice.
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities

This chapter has been updated in line with the Children and Social Work Act 2017 and related statutory guidance which require schools, through the designated teacher to provide support to Previously Looked After Children.

A Previously Looked After Child is one who is no longer looked after in England and Wales because they are the subject of an Adoption, Special Guardianship or Child Arrangements Order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person, or has been adopted from 'state care' outside England and Wales.
Unaccompanied Asylum Seeking Children This guidance has been updated to reflect the National Transfer Scheme Protocol for Unaccompanied Asylum Seeking Children. See Section 7, Placement Choice for full details.
Relinquished Children Section 5, Consent and Competency has been updated to include additional information on parental capacity to consent, in line with High Court case-law.
Locality Care Planning Scrutiny Panel This document has been revised throughout to reflect current processes for agreeing admissions to care in Derbyshire.
Permanence Planning Guidance

This chapter has been updated in line with the Children and Social Work Act 2017 and associated statutory guidance.

These changes relate to the status of 'Previously Looked After Children'. A Previously Looked After Child is one who is no longer looked after in England and Wales because they are the subject of an Adoption, Special Guardianship or Child Arrangements Order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person, or has been adopted from 'state care' outside England and Wales.

Children subject to an Adoption, Special Guardianship or Child Arrangements Order are entitled to support from their school, through the Designated Teacher.
Ceasing to Look After a Child

This chapter has been updated in line with the Children and Social Work Act 2017 and revised statutory guidance.

These changes relate to the status of 'Previously Looked After Children'. A Previously Looked After Child is one who is no longer looked after in England and Wales because they are the subject of an Adoption, Special Guardianship or Child Arrangements Order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person, or has been adopted from 'state care' outside England and Wales.

Previously Looked After Children are entitled to support from their school through the Designated Teacher (see Section 2.5, Children Who Move into Permanency).
Placements in Foster Care Section 6, Support and Monitoring of Placements has been updated to include information on the process for creating the foster carer's hand held file.
Remands to Local Authority Accommodation or to Youth Detention Accommodation This chapter has been updated in relation to role of the Youth Custody Service in placing young people in custody, see Section 2.3, How to Request a Transfer or Placement Review.
Children in Care in Contact with Youth Justice Services This chapter has been updated in relation to the role of the Youth Custody Service when placing young people in custody, see Section 7.7, How to Request a Transfer or Placement Review.
Responsibilities of the Local Authority to Former Looked After Children and Young People in Custody This chapter has been updated in relation to the role of the Youth Custody Service when placing young people in custody, see Section 3.8, How to Request a Transfer or Placement Review.
Long Term Fostering This guidance has been reviewed throughout to ensure it reflects local practice; Section 1, Key Points is new and summarises best practice and process in relation to long-term foster placements.
Placement for Adoption

The following note regarding the change of a child's first name has been added into Section 2, Obtaining Agency Approval to Adoption Plan.

The child's first name should only be changed in exceptional circumstances, e.g. where there are identified risks to the security of a future placement. If a decision is made to not use a child's given name then the middle name should be used, unless there are clear reasons why this is not appropriate. Any discussion to change a child's name will be covered in the initial stages of considering the match and recorded in the Matching Matrix Meeting. The decision should be confirmed by the child's social worker with their manager, and any decision recorded on the child's file by the Team Manager for the child. The matching report to the adoption panel will include the details about any name change and the final decision will be made by the Agency Decision Maker.
Adoption Support

This chapter has been updated in line with the Children and Social Work Act 2017 and revised statutory guidance which require schools, through the Designated Teacher for Looked After Children, to offer support to Previously Looked After Children.

A Previously Looked After Child one who is no longer looked after in England and Wales because subject of an Adoption, Special Guardianship or Child Arrangements Order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person, or has been adopted from 'state care' outside England and Wales).
Adoption Reviews

Section 5, The Conduct of Adoption Reviews, bullet point 1.f has been amended to reflect the status of adopted children as being 'previously looked after' when considering their educational needs. A link to DfE guidance on Promoting the Education of Looked After and Previously Looked After children has also been added. In Section 5, a new bullet point 1.j has been added to include the following:

Where foster carers are adopting a child living with them, the carer(s) will be expected to lodge their adoption application immediately following approval of the match by the Agency Decision Maker (ADM) At this point the child becomes "placed for adoption" but, as the child will have lived with the adopter for 10 weeks or more the application should not be delayed. Both the adoption social worker and the child's social worker will also have completed their Annex A report for submission with the application to ensure the child or children is legally secured as soon as possible.
Applications for Special Guardianship Orders and the Special Guardianship Support Scheme

This chapter has been updated in line with the Children and Social Work Act 2017 and revised statutory guidance which require schools, through the Designated Teacher, to provide support to Previously Looked After Children.

A Previously Looked After Child is one who is no longer looked after in England and Wales because they are the subject of an Adoption, Special Guardianship or Child Arrangements Order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person, or has been adopted from 'state care' outside England and Wales.
Fostering for Adoption / Early Permanence Placements This guidance has been updated to reflect the role of the regional adoption agency - Adoption East Midlands - in recruiting, assessing and matching prospective adopters for Early Permanence Placements.
New Chapters and Features
Chapter Name Details
Alcohol Consumption Guidance This guidance has been added to the procedures; it provides clear guidance for carers on the consumption of alcohol by Children in Care.

December 2018

Caption: December 2018
   
Updated Chapters
Chapter Name Details
Children's Services Policies, Values and Principles A new Section 2, Corporate Parenting has been added in response to the DfE publication 'Applying Corporate Parenting Principles to Looked-after Children and Care Leavers – Statutory Guidance (Feb 2018)'. It includes the seven corporate parenting principles set out in the guidance.
Confidentiality Policy This guidance has been reviewed and updated following the introduction of the UK General Data Protection Regulations (UK GDPR) and Data Protection Act 2018. Section 1.5, Press Interest, Police and Legal Enquiries has been updated to reflect the processes locally for responding to media requests for information.
Assessment Section 4, Contribution of the Child and Family has been updated to include reference to parents with learning disabilities
Care and Supervision Proceedings and the Public Law Outline This guidance has been updated to include a link to the President of the Family Division, Family Proceedings: Parents with a Learning Disability note (see Section 2.1, Principles). A link has also been added to Practice Direction 3AA - Vulnerable Persons: Participation in Proceedings and Giving Evidence (see Case management in Section 4, Documentation).
Recording Policy and Guidelines This guidance has been reviewed and updated following the introduction of the UK General Data Protection Regulations (UK GDPR) and Data Protection Act 2018.
Case Records and Retention Section 1, The Case Record has been updated in line with the Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018, which permits the transfer of a copy of the child's case record (or part of that record) to another adoption agency when the local authority considers this to be in the interests of the child.
Access to Records / Subject Access Requests This guidance has been reviewed throughout to reflect the Data Protection Act 2018 and the UK General Data Protection Regulations (UK GDPR).
Electronic Recordings of Meetings and Conversations This guidance has been reviewed and updated following the introduction of the UK General Data Protection Regulations (UK GDPR) and Data Protection Act 2018.
Unaccompanied Asylum Seeking Children This guidance has been reviewed locally and extensively revised.
Decision to Look After and Care Planning

Additional information has been added into Section 1.3, Section 20 Accommodation), in line with recent case-law which considered the use of Section 20 Accommodation by local authorities These cases were clear that:

  • A local authority failing to permit a parent to remove a child in circumstances within section 20(8) acts unlawfully; and
  • The relevant information that a parent would need to be able to understand, retain and weigh up in order to have competency to consent to the accommodation of a child is as follows:
    • That the child will be staying with someone chosen by the local authority, probably a foster carer;
    • That the parent can change their mind about the arrangements, and request the child back from accommodation at any time;
    • That the parent will be able to see the child.
Social Worker Visits to Children in Care Section 2, Exceptions has been updated to set out more clearly the circumstances where visiting requirements differ from those set out in Section 1, Normal Frequency.
Looked After Reviews Section 2, Frequency of Looked after Reviews has been updated with respect to the circumstances as to when a Looked After Review should be brought forward. Section 9, The Role of the Looked After Review in Achieving Permanence for the Child has also been amended to reflect the outcome of a High Court Judgement in respect of children who were subject to Section 20 and where there were concerns of significant delays in their planning for permanence. The court noted the IROs recognition and action over a number of reviews but acknowledged that a more robust response had been needed.
Family Time / Contact with Parents and Siblings Section 2, Different Types of Contact has been updated to take account of the ways in which children and young people use mobile phones and social media to keep in touch with family and friends.
Adoption Case Records Section 3, Security Retention and Sharing of Records has been updated in line with Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018, which provides that an adoption agency may disclose an adoption case record to another adoption agency for purposes related to either agency's functions as an adoption agency. Further information has been added in relation to adoption records where an Adoption Order is not made.
Applications for Special Guardianship Orders and the Special Guardianship Support Scheme This guidance has been updated to reflect recommended good practice to follow when working with Special Guardians published by the Local Government and Social Care Ombudsman. A link to the full report 'Firm Foundations: Complaints about Council Support and Advice for Special Guardians (Local Government and Social Care Ombudsman) (May 2018)' has been added into the Relevant National Guidance section.
Life Story Books This guidance has been reviewed and updated as required to reflect best practice locally
Later Life Letters This guidance has been reviewed fully and updated as required to reflect best practice locally.
New Chapters and Features
Chapter Name Details
Deprivation of Liberty This online resource provides information on Mental Capacity and Deprivation of Liberty in relation to children and young people. Case-law makes it clear that social workers and local authorities need to consider whether children in care or cared for away from home in other settings may be subject to a Deprivation of Liberty and, if so, what authorisation is required.
Mental Capacity This online resource will support practitioners to understand the Mental Capacity Act and practice confidently. Everyone working with (or caring for) any young person from the age of 16 who may lack capacity must comply with the Mental Capacity Act 2005.
Children in Care - Pocket Money and Savings This new guidance contains the policy for the provision of pocket money to Children in Care in Derbyshire and provides guidance for foster carers, Children's Homes staff, social workers and Independent Reviewing Officers.

July 2018

Caption: July 2018
   
Updated Chapters
Chapter Name Details
Single Assessment Process: Overview This guidance has been reviewed to ensure it continues to reflect current processes for carrying out Assessments in Derbyshire.
Section 47 Enquiries This procedure has been reviewed and extensively updated. Links to relevant Practice Matters guidance documents have also been added.
Care and Supervision Proceedings and the Public Law Outline Section 4.2, Case Analysis has been updated to reflect the 'permanence provisions' of the Care Plan (added by Section 8 Children and Social Work Act 2017 amending Section 31(3B) Children Act 1989) which a court is required to consider when deciding whether to make a Care Order.
Child in Need Plans and Reviews This chapter has been updated, a new Section 4, Children in Need Moving to Another Authority - Principles has been added to emphasise the importance of information sharing and communication between the respective local authorities when a Child in Need Moves. This should help to ensure appropriate services continue for the child and family and, where relevant, any risk of harm is recognised and identified with the receiving local authority.
Unaccompanied Asylum Seeking Children Section 5, Age Assessments and Disputes has been updated to note that, in advance of undertaking an age assessment for an unaccompanied asylum seeking child, local authorities must seek Home Office assistance with verifying the authenticity of identity documents e.g. travel documents or a birth certificate. A link to the relevant contact details for local authorities has been added.
Decision to Look After and Care Planning Section 2.1, The Care Plan – Contents has been amended to reflect the additional 'permanence provisions' of the Care Plan (Section 8 Children and Social Work Act 2017 amends Section 31(3B) Children Act 1989) which a court is required to consider when deciding whether to make a Care Order.
Permanence Planning Guidance Section 5, Assessing and Planning for Permanence, has been updated to reflect the additional the 'permanence provisions' of the Care Plan (under Section 8 Children and Social Work Act 2017, amending Section 31(3B) Children Act 1989) which a court is required to consider when deciding whether to make a Care Order.
Locality Care Planning Panel This guidance has been reviewed throughout to describe the operation of the Locality Care Planning Panel and the Care Planning Scrutiny Panel Process.
Assessments and Approvals of Foster Carers Section 8, After the Panel Recommendation has been updated to clarify the decision as to the suitability of the applicant must be made within 7 working days of receipt of the panel's recommendation and final set of panel minutes – The Children Act 1989 Guidance and Regulations - Volume 4 (5.39) and Standard 14 (14.9) Fostering panels and the fostering service's decision-maker.
Placement for Adoption

Section 1, Planning for Permanence has been revised to reflect the updated list of considerations (as amended by Section 9 Children and Social Work Act 2017) which must be referenced whenever a court or adoption agency is coming to a decision relating to the adoption of a child. Following the introduction of the Children and Social Work Act, this list now includes consideration of the relationship which the child has with relatives, with any person who is a prospective adopter with whom the child is placed and with any other person in relation to whom the court or agency considers the relationship to be relevant.

The procedure also been amended to emphasise 'procedural fairness' as a key aspect of the adoption planning process in respect of ensuring parents are provided with information throughout, including the dates of placement/proposed changes of a child's Status, etc. This follows the outcome of a judicial review ([2017] EWHC 1041 (Admin)). (See new Section 4.2, Procedural Fairness).
Fostering for Adoption / Early Permanence Placements Section 4.1, Duty to Consider Fostering for Adoption Placement has been revised to reflect the updated list of considerations (as amended by Section 9 Children and Social Work Act 2017) which must be referenced whenever a court or adoption agency is coming to a decision relating to the adoption of a child. Following the introduction of the Children and Social Work Act, this list now includes consideration of the relationship which the child has with relatives, with any person who is a prospective adopter with whom the child is placed and with any other person in relation to whom the court or agency considers the relationship to be relevant.

December 2017

Caption: December 2017
   
Updated Chapters
Chapter Name Details
Death of or Serious Injury to a Child (Looked After and Child in Need) This chapter has been reviewed and updated to reflect current processes to be followed in Derbyshire when Children's Social Care are notified of a serious childcare incident, including notification to Ofsted.
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities This chapter has been updated to reflect the outcome of a court judgment on Ordinary Residence which was included in the revised DoH, Care and Support Statutory Guidance (December 2016). (See Section 12, Funding Issues - Ordinary Residence).
Young Carers This guidance has been updated to include information on the support services available for young carers via Derbyshire Carers Association. Please see Local Information for full details.
Decision to Look After and Care Planning This chapter has been amended to reflect the outcome of a decision of the Court of Appeal (2017) with respect to the consent requirement under s.20 of the Children Act 1989. The Court recognised that the word 'consent' does not appear in Section 20. However, it described the guidance given in previous case law as 'good practice guidance', emphasising its judgment should not alter the content and effect of these. (See Section 1.3.1, Obtaining Parental Consent).
Secure Accommodation Policy This guidance has been reviewed throughout and updated as required to reflect current arrangements in Derbyshire for obtaining a Secure Accommodation Placement, In particular, Section 5, The Decision Making Process – Secure Panel has been substantially revised to reflect current practice in relation to making decisions about the need for a placement in secure accommodation.
Advocacy and Independent Visitors This chapter has been updated to include a link to the Children's Society publication 'Advocacy Services for Children and Young People – A Guide for Commissioners'. This guide outlines the legislative requirements placed on local authorities in relation to the provision of advocacy support to Children in Need and Looked After Children.
Looked After Reviews A link has been added to the Law Society guidance on 'Attendance of Solicitors at Local Authority Children Act Meetings' and associated Code of Conduct for situations where the child or family who attend reviews are supported by a legal representative. (See Section 7, Supporters and Interpreters).
Appointment and Role of Independent Reviewing Officers This guidance has been updated in relation to the role of the Independent Reviewing Officer in line with the Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review. In particular, the need for the IRO to be sensitive to the close and active involvement of parents of a child who is Looked After in a series of Short Breaks and problem-solving where any difficulties or issues arise.
Overnight Stays and Social Visits This guidance has been reviewed and updated throughout.
Holidays and School Trips in the UK Section 1, Holidays has been updated to include a reminder that Children in Care must not be taken on holiday during term time unless there are very exceptional circumstances. The reason for this is to try and minimise any disruption to the education of Children in Care and to help ensure they meet their full potential at school. Social workers and team managers will be expected to reinforce the importance of avoiding holidays during term time and any requests for exceptional leave need to be approved prior to any holiday planning by the school's Head Teacher; the Service Director, Early Help and Safeguarding, and the Head of the Virtual School.
List of Agency Decision Makers, Designated Managers and Nominated Officers This chapter has been reviewed locally and updated as required.
New Chapters and Features
Chapter Name Details
Relinquished Children This new chapter deals with the first stages of the adoption process for relinquished children, whilst signposting other key processes that should be progressed and which are expected for any child who is Accommodated or where the plan is for adoption. It also summarises the counselling and support that will be made available to the birth family in these circumstances. Once a decision is made and consent is formally given, although not irreversible, the adoption process is as for any other child.
Tattoo and Body Piercing Policy This policy sets out the legal framework and processes to be followed if a Looked After Child wishes to have a tattoo or piercing.

August 2017

Caption: August 2017
   
Updated Chapters
Chapter Name Details
Supervision Order Procedure

Section 2, The Supervision Order Plan has been updated to include the following:

  • The Supervision Order plan should be specific and purposeful in its aim to reduce risk and build on strengths to support the child in their care arrangement;
  • For each Supervision Order, consideration must be given as to whether the best type of plan for the child is a Child Protection Plan, or a Child in Need Plan;
    • A Child Protection Plan should be considered appropriate for a minimum of 6 months where a child is returning to carers in whose care the significant harm originally occurred;
    • A Child in Need plan may be considered appropriate where a child is going to be living with carers who were not responsible for the significant harm e.g. a Special Guardianship Order with grandparents.

A note has also been added into Section 3, Child in Need Meetings and Reviews to remind workers that at any time it may be necessary to "step up" a Child in Need case to Child Protection and this should always be considered an option if the level of concern or risk begins to escalate.


June 2017

Caption: June 2017
   
Updated Chapters
Chapter Name Details
Placements with Connected Persons A note has been added into Section 3, Approval of Immediate Placements of Looked After Children with Connected Persons in relation to carrying out a risk assessment of any pets in the household, and their living conditions, as part of the initial viability assessment.
Placements with Parents Section 1.2, Assessment and Checks before has been updated to include a note that, when assessing whether the home environment is safe for the child, consideration should be given to the need for a risk assessment of any pets and the environment in which they are kept.
Contact with Parents and Siblings This guidance has been reviewed throughout and updated as required.
Supervision and Support of Foster Carers

The following information has been added into Section 5, Support Provided by the Supervising Social Worker (During Placement):

  • The Safer Caring Plan should be updated as required to reflect any changes in household circumstances and any health and safety issues including the addition of any new pets to the household including the environment in which the pets are kept.
Allegations, Incidents and Concerns Against Foster Carers This guidance has been rewritten and should be read in full.
Assessment and Approval of Prospective Adopters Section 5.3, Assessments has been updated to include that, where the applicants have pets, a risk assessment should be conducted and any associated risks should be taken into account both in relation to the pet itself and where the pet is kept. Where necessary, an independent assessment should be undertaken by a vet to establish whether the dog falls within the scope of the Dangerous Dogs Act 1991.
Applications for Special Guardianship Orders and the Special Guardianship Support Scheme This procedure has been updated to include details of the Adoption Support Fund which now also covers therapeutic support for children, living in England, who were in care immediately before the making of a Special Guardianship Order. See Section 12, Special Guardianship Support for details.
New Chapters and Features
Chapter Name Details
Electronic Recording of Meetings and Conversations This new chapter deals with recording of meetings/conversations by individual service-users, in their capacity as private individuals.

December 2016

Caption: December 2016
   
Updated Chapters
Chapter Name Details
Plan, Do, Review This chapter has been reviewed and minor amendments made throughout.
Case Records and Retention Section 2, Retention and Confidentiality of Records has been amended to reflect the on-going national Inquiry into Child Sexual Abuse. While the inquiry is on-going local authorities are required to retain children's records indefinitely.
Remands to Local Authority Accommodation or to Youth Detention Accommodation This chapter has been reviewed and substantially updated; it should be read in full.
Looked After Children and Young People in Contact with Youth Justice Services This chapter has been reviewed and substantially updated, it should be read in full.
Secure Accommodation (Criteria) Reviews

Section 3, Chairing of Secure Accommodation Reviews has been amended as follows:

  • The Secure Accommodation Panel should be chaired by a person independent of the care planning for the child, including line managers and the Independent Conference and Reviewing Officer. Given the need to focus on the Section 25, Children Act 1989 criteria issues, the chair should also be independent of any resource allocation, etc. but should have sufficient experience and knowledge to carry out the task;
  • An Independent Conference and Reviewing Officer may sit as one of the other two Panel members (not as part of the ICRO function);
  • Section 8, After the Secure Accommodation Review has also been updated.
Leaving Care and Transition Section 4, Referral to the Aftercare Service has been updated to include information on the Professionals' Transition Planning Meeting.
Responsibilities of the Local Authority to Former Looked After Children and Young People in Custody This guidance has been reviewed and updated throughout. It should be read in full.
Fostering for Adoption, Concurrent Planning and Temporary Approval as Foster Carers of Approved Prospective Adopters A note has been added into Section 4.2, Considering Adoption for a Child to reiterate that if, at any point during the planning of a Fostering for Adoption placement or if the child is already in such a placement, there is any change to the circumstances of prospective carers (including relatives), a planning meeting with the Fostering for Adoption carers and all professionals involved should take place as soon as possible. This will allow the carers the opportunity to make an informed choice about their position, and also allows the local authority to consider their position in light of the change in circumstances.
New Chapters and Features
Chapter Name Details
Written Agreements in Child Protection and Children in Need Cases This chapter is new and has been added to the procedures manual.

June 2016

Caption: June 2016
   
Updated Chapters
Chapter Name Details
Children's Services Policies, Values and Principles This document, which sets out the overarching policy for the delivery of services to children in Derbyshire has been reviewed and updated. Section 3, Our Operating Model - Stronger Families Safer Children® has been revised throughout.
Thresholds for Children's Services This guidance has been reviewed and updated throughout to reflect the Stronger Families Safer Children Model® and the Safety and Wellbeing Scale which is a tool to help assess need and to assist practitioners in ensuring that families, children and young people access the correct services (and assessments as required) in a timely and appropriate way.
Requests for Support This procedure has been updated throughout and should be read in full.
Single Assessment Process: Overview This guidance has been reviewed locally and updated as required to reflect current practice.
Assessment This guidance has been reviewed and updated throughout to reflect practice in Derbyshire.
Recording Policy and Guidelines This guidance has been reviewed and updated throughout to reflect the latest guidance and regulations.
Access to Records This procedure has been reviewed and updated. Section 10.1, Reasons for Redacting / Removing Information for Records is new and sets out clearly the situations in which information contained in case records can be removed or redacted.
Direct Payments This guidance has been reviewed and updated throughout as required. Section 7, Hospital Stays is new and should be read.
Advocacy and Independent Visitors This chapter has been reviewed and updated. Section 1.1, Duties of an Advocate is new. Section 2, Independent Visitors has also been updated.
Special Guardianship Orders and Support Scheme Section 6, Planning Meeting, has been updated to reflect the enhanced assessment and reporting requirements (for all applications made from 29 February 2016) as set out in the Special Guardianship (Amendment) Regulations 2016.
Court Reports in Adoption/Special Guardianship Guidance Section 3, Special Guardianship – Matters to be Dealt with in Report to Court has been updated to reflect the enhanced assessment and reporting requirements (for all applications made from 29 February 2016) as set out in the Special Guardianship (Amendment) Regulations 2016.
Local Contacts These details have been updated.
List of Agency Decision Makers, Designated Managers and Nominated Officers These details have been updated.
New Chapters and Features
Chapter Name Details
Plan, Do, Review This new procedure explains the Single Plan for children which has been introduced in Derbyshire to support, and provide a focus for, work across the four levels of need.
Removed Chapters
  • Services to Children in Derbyshire - Tiers of Help and Support;
  • Derbyshire County Council Children's Services and Partner Agencies;
  • Contacts and Referrals;
  • E-Safety and Facebook Guidance.

January 2016

Caption: January 2016
   
Updated Chapters
Chapter Name Details
Referral Processes Section 7.7, Significant Event Protocol – Out of Hours Service has been completely rewritten. The protocol must be followed by the Out of Hours Service if a significant event has occurred. Examples of significant events include a serious assault brought about by bullying or a suicide attempt / self harm which results in hospitalisation. All staff working in the Out of Hours Service should familiarise themselves with the content of the updated protocol.
Section 47 Enquiries This chapter has been reviewed and minor updates made as required.
Case Records and Retention A table in this chapter which summarises specific time periods for the retention of children's' services records as set out in legislation has been updated (see Section 2, Retention and Confidentiality of Records). Where there is no specific legislative provision, local arrangements should be made.
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities The guidance contained in this chapter has been reviewed to reflect the provisions of the Care Act 2014. Section 10.1, Adult Services Statutory Care and Support Plans has been rewritten and covers the assessment of disabled children likely to need support when they turn 18. Section 13, Young Carers and Parent Carers of Disabled Children is new and should be read.
Unaccompanied Asylum Seeking Children Section 5, Age Assessments and Disputes has been updated to include a link to revised Joint Working Guidance on conducting lawful age assessments which has been issued by the Association of Directors of Children's Services (ADCS). ADCS have also developed a model proforma for sharing information about individual cases between the Local authorities and the Home Office, with explanation and guidance document.
Families with No Recourse to Public Funds This guidance has been updated to reflect provisions of the Care Act 2014. Information on the Independent Family Returns Panel has been added into Section 4, Independent Family Returns Panel.
Permanence Planning Guidance This chapter has been updated to reflect the updated Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review which has been published in June 2015. Section 3.7, Long Term Fostering has been re-written to reflect the updated guidance and regulations, and should be read in full.
Placements in Foster Care This chapter has been updated to reflect the revised Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review. A new Section 9, Long-Term Foster Placement has been added.
Social Worker Visits to Looked After Children This chapter has been updated to reflect the revised visiting requirements in respect of long term foster placements as set out in the revised Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review. See Section 1, Normal Frequency for more information.
Looked After Reviews This chapter has been updated to include the requirements of the revised Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review (2015). A new Section 10, Looked After Reviews Concerning Children in Long Term Foster Placements has been added, and explains that where a child is placed in a designated long-term foster placement, and has been in this placement for more than a year, consideration should be given to whether it is necessary to hold a meeting as part of each review. Any decision to reduce the frequency of meetings will be taken by the IRO and the child's social worker, in consultation with the child / young person (subject to their age and understanding). Even where the Review will not include a meeting, the IRO must ensure that full consultation with all relevant individuals, including the child, has taken place to inform the review of the child's case.
Notification of Significant Events The contents of this chapter have been updated following publication of the Children's Homes Quality Standards and Regulations (March 2015) and Working Together to Safeguard Children 2015.
Health Care Assessments and Plans This chapter has been updated to reflect revised statutory guidance for local authorities, clinical commissioning groups and NHS England on Promoting the health and well-being of looked-after children. Section 1, The Responsibilities of Local Authorities and Clinical Commissioning Groups is new. The role of the Social Worker in promoting child health is explained in Section 3, Health Care Assessments and information on Strengths and Difficulties questionnaires has been added into Section 4, Health Plans.
Restrictive Physical Intervention This chapter has been reviewed and updated following publication of the new Children's Homes Regulations (2015) including the Quality Standards.
Assessment and Approval of Prospective Adopters

The following information has been added to this procedure:

  • Where a prospective adopter enquires about inter-country adoption, information should also be given about the policy on fees and an estimation of the costs the prospective adopter will have to pay to the agency and the Department for Education;
  • In relation to references, applicants will be asked to provide the names of three personal referees, who are adults (not more than one of whom should be related to them), have known the applicant for at least two years and who are happy to provide personal references on the prospective adopter. A written report must be prepared of the interviews held with each of the referees.
Adoption Panel A note has been added into Section 2, Adoption Panel Membership requiring that the list of persons considered to be suitable to be members of an Adoption Panel must be maintained by an appointed senior social worker with at least 5 years' relevant post-qualification experience and relevant management experience.
Placement for Adoption

The following updates have been made in relation to the Child's Permanence Report:

  • The Child's Permanence Report must be written by the worker who knows the child best and is also a qualified social worker;
  • The Report should include a summary, written by the agency's medical adviser, of the state of the child's health, health history and any need for health care which might arise in the future, and a Chronology of the decisions and actions taken by the agency with respect to the child; and
  • Those parts of the Report that contain factual information about the birth family should be shared with the relevant family members to enable them to confirm their accuracy and agree to it being passed on to a child in due course. Any such agreement should be clearly recorded on the child's case record. Each of the child's parents should be shown those parts of the Report which set out their views and wishes, and given the opportunity, if they so wish, to express these in their own words.

See Section 2, Obtaining Agency Approval to Adoption Plan for further details.

Information on the process for discussing cases with the Professional Adviser and Family Finder has also been added into Section 2.15, Referral Directly to Agency Decision Maker.
Adoption Support A new section has been added to this procedure, concerning remuneration for former foster carers.
New Chapters and Features
Chapter Name Details
Young Carers This new chapter provides guidance on identifying and responding to young carers. Local Authorities are expected to take 'reasonable steps' to identify which children in their area are young carers, and if they need support. The Local Authority must carry out an assessment if it appears that the young carer has the need for support. This assessment is called a Young Carer's Needs Assessment.
Ceasing to Look After a Child

This new chapter reflects the statutory guidance 'Ceasing to look after a child' in 'Care Planning, Placement and Case Review Regulations (2015)' as amended by the 'Care Planning and Fostering (Miscellaneous Amendments) Regulations 2015' and Working Together to Safeguard Children 2015.

The Local Authority has a duty to ensure that when children have been Accommodated under Section 20 (Children Act 1989) and are discharged from, or leave care that the discharge is in their best interests and that they will be safeguarded and their welfare will be promoted. Where a child has been Accommodated for 20 days or more, the decision should be made by a Nominated Officer or Director of Children's Services if the child/young person is 16/17 years and has been Accommodated under Section 20, before discharge.
Removed Chapters
  • Protocol and Good Practice Model - Disclosure of Information in Cases of Alleged Child Abuse and Linked Criminal and Care Directions Hearing;
  • Agency Decision Maker Advisory Group.

September 2015

Caption: September 2015
   
Updated Chapters
Chapter Name Details
Children and Younger Adults Services Policies, Values and Principles A note has been added explaining the availability of e learning for CAYA Staff on Stronger Families Safer Children (SFSC). The course provides an in-depth explanation of the underpinning approaches behind SFSC, systemic practice, social pedagogy and person centred. The course is mandatory for CAYA staff.
Referral Processes This chapter has been updated throughout to reflect the introduction of the new contact and referral system called Starting Point. It should be read in full.
Initial Contacts and Referrals This chapter has been updated throughout to reflect the introduction of the new contact and referral system called Starting Point. It should be read in full.
Placements in Residential Care This chapter has been reviewed locally and updated as required.
Derbyshire Joint Agency Protocol Regarding Offending by Children in Care This protocol, which is intended to assist social care staff (primarily in residential children's homes), the police, the Crown Prosecution Service (CPS) and the Youth Offending Service (YOS), in determining a proportionate and appropriate response to offending behaviour by children in care has been updated. It should be re-read by relevant staff.
Long Term Fostering Section 2.2, Approved Foster Carers Wishing to Offer Long Term Fostering to Unidentified Children, Section 2.3, Existing Derbyshire Foster Carers with Children in Placement and Section 2.5, Carers from Other Agencies (IFA) have been rewritten and should be read in full.
New Chapters and Features
Chapter Name Details
Preventing Family Breakdown This new chapter provides summary information on a project which Derbyshire Council are piloting with the aim of reducing family breakdown with adolescents who are on the edge of care.

July 2015

Caption: July 2015
   
Updated Chapters
Chapter Name Details
Children and Younger Adults Services Policies, Values and Principles Section 5, Stronger Families Safer Children – Guiding Principles is new and provides an overview of the Stronger Families Safer Children (SFSC) framework which has been introduced for use by all practitioners working across early help and safeguarding and specialist services to improve our services to children, young people and families.
Confidentiality Policy A link to recently published Department for Education Information Sharing Advice for Practitioners has been added to Section 2, Confidentiality Values and Principles.
Children's Services Threshold Criteria This chapter has been reviewed and updated locally. It aims to aid practitioners in identifying the most appropriate level of response when they have concerns about the welfare of children and young people.
Services to Children in Derbyshire - Tiers of Help and Support This chapter has been reviewed and updated locally.
Referral Processes Section 6, which contains information on the Derbyshire Out of Hours Service has been completely rewritten and should be read in full.
Single Assessment Process: Social Care (Part A and Part C) A new section on the completion of episodes for sibling assessments has been added into Section 11, Recording the Single Assessment.
Care and Supervision Proceedings and the Public Law Outline A link has been added to Practice Direction 25b – The Duties of an Expert, the Expert's Report and Arrangements for and Expert to Attend Court (see Section 8, Use of Experts). A link to the social work evidence template produced by ADCS and Cafcass has also been added. The template documentation can be used by local authorities to submit an application for a care or supervision order.
Decision to Look After and Care Planning

This chapter has been updated in line with Looked-after Children: Contact with Siblings - Update to Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review. Additional information has been added in relation to sibling placement as follows:

  • In the case of siblings, wherever it is in the best interests of each individual child, they should be placed together. Where they cannot be placed together, they must be supported to understand why they cannot live together, and there should be robust plans for contact between them, so far as this is consistent with their welfare.
Out of Area Placements Section 3, Placement Consideration is new and provides information on the steps which should be taken by the local authority when assessing the appropriateness of an out of area placement, including consultation and information sharing with the area authority.
Secure Accommodation Policy A link to revised guidance issued by the Department for Education which sets out the steps local authorities need to take before placing a child under 13 in a secure children's home has been added.
Placements with Parents

Section 1.7, Ending of Placement, has been updated to take account of recent case-law in which the High Court stated that not less than fourteen days notice of a removal of the child should be given to the parents, save in an emergency.

The Court further stated that any removal of a child in circumstances where the child's welfare does not require immediate removal, or without proper consideration and consultation, is likely to be an unlawful interference with the rights of the parent and child under Article 8 of the European Convention on Human Rights.
Social Worker Visits to Looked After Children A new section setting out the visiting requirements for children placed in a non Derbyshire County Council regulated placements has been added to this chapter.
Contact with Parents and Siblings

This chapter has been updated following the publication of Looked-after Children: Contact with Siblings - Update to Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review.

Additional Information has been added into Section 1, Approving and Planning Contact as follows:

  • There is a presumption of continued contact between the child and their family while the child is Looked After, unless it is not reasonably practicable or consistent with the child's welfare;
  • Contact arrangements should be focused on, and shaped around, the child's needs. Each child's wishes and needs for contact should be individually considered and regularly assessed;
  • Where contact arrangements are contrary to the child's wishes, the child must be given a full explanation by the Social Worker and this must be recorded on the child's electronic record.
Holidays and School Trips in the UK

The following note has been added into Section 1, Holidays in the UK:

  • For children who are in a long term placement and the carers have Delegated Authority, depending upon the nature of the delegation agreed, it may be the case that the carers are able to makes decisions about holidays themselves. However, good practice should ensure that decisions by the carers are shared in a timely way with the Supporting Foster Care Social Worker and / or child's allocated practitioner.
Health Care Assessments and Plans A link has been added to recently published statutory guidance on Promoting the Health and Well-being of Looked-after Children (Department for Education and Department of Health, 2015).
Disability Living Allowance – Fostered Children and Children in Residential Care This chapter has reviewed locally and updated. In Section 2, Definition of Additional Needs and Rates of Allowance details of the current rates payable have been updated for 2015/16.
Leaving Care and Transition

This chapter has been reviewed and updated following publication of revised statutory guidance on planning transition to adulthood for care leavers. The following has been added:

  • The Personal Adviser is seen as a 'function' rather than a specific person and the local authority should consider delegating it wholly or partially to the best person able to carry out the role;
  • The local authority should have a flexible approach to supporting young people, and has a duty to accept young people aged 16 and 17 years back into care if a young person's decision to move into semi-independent accommodation, leave care or decline leaving care services is then identified as premature;
  • Bed and Breakfast Accommodation is not considered as suitable accommodation other than in 'exceptional circumstances';
  • The local authority should make every effort not to disrupt a young person's education during their key stage 4 years, both in terms of their school and care placement unless the circumstances clearly require this.
Staying Put A note has been added into Section 1, Introduction, explaining that where a Staying Put Arrangement is in place the local authority may consider delegating part of the Personal Adviser function to the Foster Carer.
Fostering for Adoption, Concurrent Planning and Temporary Approval as Foster Carers of Approved Prospective Adopters Section 6, Process for Fostering for Adoption is new and should be read.
Local Contacts Local Contacts have been reviewed and updated as required.
List of Agency Decision Makers, Designated Managers and Nominated Officers Details of Agency Decision Makers, Designated Managers and Nominated Officers have been reviewed locally and updated as required.
New Chapters and Features
Chapter Name Details
Viability Assessments - Guidance Notes and Screening Tools This new chapter provides guidance for workers completing viability assessments with potential friends and family carers for looked after children.
Derbyshire Safeguarding Children Board Guidance on Safeguarding Children and Young People in Specific Circumstances (Derby and Derbyshire SCB Procedures Manual) A link has been added to the Children in Specific Circumstances section in the Derby and Derbyshire SCB Procedures Manual.
Removed Chapters
  • Children and Families who go Missing (Derbyshire SCB);
  • Children Abused Through Sexual Exploitation (Derbyshire SCB).

January 2015

Caption: January 2015
   
Updated Chapters
Chapter Name Details
Family and Friends Care This chapter has been updated to include a link to a template for the Report to District Manager for Regular Section 17, Financial Assistance (Family and Friends).
Call Derbyshire Referral Processes This chapter has been updated to include a link to contact details for the Derbyshire Out of Hours Service (see Section 6, Out of Hours).
Application for Emergency Protection Orders This chapter has been updated throughout in line with revised guidance for local authorities on court orders and pre proceedings work and, the revised family justice and courts system; a new Section 6, Powers to Assist in Discovery of Children Who may be in Need of Emergency Protection has been added.
Legal Planning Meetings This chapter has been updated throughout in line with revised guidance Statutory Guidance for Local Authorities on Court Orders and Pre-Proceedings (2014).
Access to Records This chapter has been updated in line with Children Act 1989 Guidance and Regulations - Volume 3: Planning Transition to Adulthood for Care Leavers (revised October 2014). A new Section 7, Applications by Care Leavers has been added.
Direct Payments This chapter has been updated throughout in line with the Children and Families Act 2014 Part 3 (Children and Young People with Special Educational Needs and Disabilities) and the Special Educational Needs (Personal Budgets) Regulations 2014. The chapter should be re-read.
Unaccompanied Asylum Seeking Children This chapter has been amended throughout to reflect new Statutory Guidance for Local Authorities on the Care of Unaccompanied Asylum Seeking and Trafficked Children (2014).
Families with No Recourse to Public Funds A link to Practice Guidance for Local Authorities on Assessing and Supporting Children, Families and Care Leavers with No Recourse to Public Funds (NRPF) has been added to this chapter.
Permanence Planning Guidance This chapter has been updated throughout in line with the Children and Families Act 2014, and the overall aim of speeding up the adoption process. The main changes are in relation to adoption, specifically Fostering for Adoption, Concurrent Planning and Temporary Approval as Foster Carers of Approved Prospective Adopters. It should be read in full.
Remands to Local Authority Accommodation or to Youth Detention Accommodation This chapter has been substantially revised to reflect updated guidance and regulations on Looked After Children and Youth Justice. It should be re-read in full.
Looked After Children and Young People in Contact with Youth Justice Services This chapter has been substantially revised and updated, it should be read in full.
Education of Looked After Children Section 1, Duty to Promote the Educational Achievement of Looked After Children has been updated to reflect Revised Statutory Guidance for schools and colleges on safeguarding children, including safer recruitment. Section 13, Children and Young People with Medical Conditions, Section 14, Training for those Involved in the Care and Education of Looked After Children and Section 15, Information Sharing are all new. Any references to Statements of Special Educational Need have been replaced with Education, Health and Care Plans throughout. The chapter should be read in full.
Leaving Care and Transition This chapter has been updated in line with Children Act 1989 Guidance and Regulations - Volume 3: Planning Transition to Adulthood for Care Leavers (revised October 2014). New information has been added in relation to Education, Training and Employment; Access to Records is new, and Appendix 1: Needs Assessment and Content of Pathway Plans for Relevant and Former Relevant Children is also new.
Staying Put This chapter has been updated throughout in line with Children Act 1989 Guidance and Regulations - Volume 3: Planning Transition to Adulthood for Care Leavers (revised October 2014) and should be re-read.
Assessment and Approval of Prospective Adopters

This chapter has been updated in line with the Children and Families Act 2014 and the overall aim of speeding up the adoption process. The chapter has been updated throughout and should be re-read. Information has been added in relation to:

  • Fostering for Adoption (Sections 1 and 5.4);
  • Adoption Register (Section 9);
  • Duty to provide information on adoption support services (Sections 1 and 2);
  • Ethnicity (Section 15.3).
Local information on financial claims in respect of prospective adopters has also been added, along with guidance for social workers on out of county adopters who are matched with Derbyshire Children.
Placement for Adoption Links have been added to local guidance documents for social workers on out of county adopters who are matched with Derbyshire Children.
Adoption Support This chapter has been updated in line with the Children and Families Act 2014. A new Section 2, Duty to Provide Information Concerning Adoption Support has been added, outlining who local authorities have a duty provide information on adoption support to and what types of information this should include.
Intermediary Services With effect from 31 October 2014, the Adoption Information and Intermediary Services (Pre-Commencement Adoptions) (Amendment) Regulations 2014 extend rights to intermediary services to all 'persons with a prescribed relationship' with an adopted person, i.e. anyone related to an adopted person by blood (including half-blood), marriage or civil partnership or by virtue of the adoption. As a result, this chapter has been revised throughout and should be read in full.
Local Contacts Local Contacts have been reviewed and updated as required.
Designated Managers Contact details for Designated Managers have been reviewed and updated as required.
New Chapters and Features
Chapter Name Details
Principles for Working with Foreign Authorities in Child Protection Cases

This chapter provides a summary of Departmental Advice issued by the Department for Education in 2014 on Working with Foreign Authorities in Child Protection Cases. It provides the following:

  • A set of principles for social workers when working on child protection cases where the child has links to a foreign country;
  • A summary of the main international legislation;
  • Information about where social workers should go for help when seeking to obtain information or contacts abroad about a child and/or their family; and
  • Sign-posts to other relevant guidance.
Care and Supervision Proceedings and the Public Law Outline This chapter contains information on the Public Law Outline including pre proceedings work, starting care and supervision proceedings, the Case Management Hearing, the flexible powers of the court, the use of expert witnesses and the timetable for the child.
Supervision Order Procedure This chapter summarises the main differences between Supervision Orders and Care Orders, and outlines the process developing and reviewing a Supervision Order Plan.
Disposal of Diaries and Notebooks This new chapter contains the procedure for transferring notes written in diaries and notebooks onto the council's recording system and for disposing safely of information which was written in notebooks and diaries.
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities This procedure sets out the specific provision under the Children and Families Act 2014 in relation to children and young people aged 0-25 with Special Educational Needs or disabilities. For the purposes of the Act, 'young person' is someone aged 16-25.
Secure Accommodation Policy This procedure has been rewritten locally. It describes the process to be followed before a young person is placed in secure accommodation.
Doing a Personal Education Plan This chapter summarises, in a flow diagram, the steps to be taken when doing a Personal Education Plan (PEP) for a Looked After Child.
Education and Learning Post 16 This chapter summarises the financial support available for young people in care and care leavers who wish to continue in education or training post 16.
Fostering for Adoption, Concurrent Planning and Temporary Approval as Foster Carers of Approved Prospective Adopters

This chapter deals with the placement of a child with carers who are dually approved, i.e. approved both as prospective adopters and as local authority foster carers.

The advantage of this type of placement is that the child will be placed with foster carers who, subject to a Placement Order being made, or parental consent, are expected to go on to become the child's adoptive family. The child therefore benefits from an early placement with their eventual permanent carers.