SCOPE OF THIS CHAPTER
This procedure applies to all Children in Care, it summarises arrangements for the promotion, assessment and planning of health care for Children in Care.
This chapter should be read in conjunction with Promoting the Health and Well-being of Looked-after Children - Statutory Guidance for Local Authorities, Clinical Commissioning Groups (Department for Education and Department of Health and Social Care)
Children remanded other than on bail will be Looked After Children. Different provisions will apply In relation to those children/young people, see Remands to Local Authority Accommodation or to Youth Detention Accommodation Procedure, Care Planning for Young People Remanded to Local Authority or Youth Detention Accommodation.
AMENDMENTIn December 2019, a new Section 3.5, Consent to Health Care Assessments was added to provide additional information on the circumstances when young people can consent to their own Health Assessments and treatment.
The local authority, through its Corporate Parenting responsibilities, has a duty to promote the welfare of Children in Care, including those who are Eligible and those children placed in adoptive placements. This includes promoting the child's physical, emotional and mental health; every Child in Care needs to have a Health Assessment so that a Health Plan can be developed to reflect the child's health needs and be included as part of the child's overall Care Plan.
The relevant Clinical Commissioning Group (CCG) and NHS England have a duty to cooperate with requests from the local authority to undertake health assessments and provide any necessary support services to Children in Care without any undue delay and irrespective of whether the placement of the child is an emergency, short term or in another CCG. This also includes services to a child or young person experiencing mental illness.
The local authority should always advise the CCG when a child is initially accommodated. Where there is a change in placement that will require the involvement of another CCG, the child's 'originating' CCG, outgoing (if different for the 'originating CCG) and new CCG should be informed.Both local authority and relevant CCG(s) should develop effective communications and understandings between each other as part of being able to promote children's well being.
The social worker has an important role in promoting the health and welfare of Children in Care:
Each Looked After Child must have a Health Care Assessment at specified intervals as set out below.
If a child is transferred from one placement to another, it is not necessary to plan an assessment within the first month. In these circumstances, the social worker should provide the carer/residential staff with a copy of the child's Health Care Plan.
If no plan exists, the social worker should arrange an assessment so that a plan can be drawn up and available for the child's first Looked After Review which will take place within 20 working days.
The social worker should liaise with the Children in Care Health Administrative Team to arrange the first assessment with the medical practitioner. In doing so, they need to confer with the carer/residential to agree a suitable date and time within the necessary timescales.
Before a Health Assessment takes place, social workers must complete Part A of the CoramBAAF 'Initial Health Assessment Form' to ensure it is available at the time of the appointment.
In order for the Health Assessment to be conducted, the social worker must ensure that the parent(s) have given consent - this will usually be recorded on the Placement Plan / Initial Health Assessment form at the point of becoming Looked After.
The health professional conducting the assessment will complete a relevant CoramBAAF Form and a Health Plan, which should be passed to the child's social worker - who should give copies to carers/residential staff.
A valid consent will be necessary for a Health Care Assessment. Who is able to give this consent will depend on the age and understanding of the child. In the case of a very young child, the local authority as corporate parent can give the consent. An older child with mental capacity may be able to give their own consent.
Young people aged 16 or 17
Young people aged 16 or 17 with mental capacity are presumed to be capable of giving (or withholding) consent to their own medical assessment/treatment, provided the consent is given voluntarily and they are appropriately informed regarding the particular intervention. If the young person is capable of giving valid consent, then it is not legally necessary to obtain consent from a person with Parental Responsibility.
Children under 16 – 'Gillick Competent'
A child of under 16 may be Gillick Competent to give (or withhold) consent to medical assessment and treatment, i.e. they have sufficient understanding to enable them to understand fully what is involved in a proposed medical intervention.
In some cases, for example because of a mental disorder, a child's mental state may fluctuate significantly, so that on some occasions the child appears Gillick Competent in respect of a particular decision and on other occasions does not.
If the child is Gillick Competent and is able to give voluntary consent after receiving appropriate information, that consent will be valid, and additional consent by a person with parental responsibility will not be required.
Children under 16 - Not 'Gillick' Competent
Where a child under the age of 16 lacks capacity to consent (i.e. is not Gillick Competent), consent can be given on their behalf by any one person with Parental Responsibility. Consent given by one person with Parental Responsibility is valid, even if another person with Parental Responsibility withholds consent. (However, legal advice may be necessary in such cases). Where the local authority, as corporate parent, is giving consent, the ability to give that consent may be delegated to a carer (foster carer or registered manager of the children's home where the child resides) as a part of 'day-to-day parenting', which will be documented in the child's Placement Plan (see Delegation of Authority to Foster Carers and Residential Workers).For further information on consent, see Department of Health and Social Care Reference Guide to Consent for Examination or Treatment.
Each child's Care Plan must incorporate a Health Plan in time for the first Looked After Review, with arrangements as necessary incorporated into the child's Placement Plan.
This plan must be reviewed after each subsequent Health Care Assessment and at the child's Looked After Review or as circumstances change.
Understanding a child's emotional, mental health and behavioural needs is as important as their physical health. All local authorities are required to use the Strength and Difficulty Questionnaires (SDQs) to assess the emotional needs of each child. As part of the pilot currently being run (2018/20), in some localities the child's school are also asked to complete the SDQ.
The SDQ Questionnaire, along with any other tool which may be used to assist, can be used to identify the needs and be part of the child's Health Plan. The findings of the SDQ may also contribute to a child's Care Plan.(See Appendix B of Promoting the Health and Well-being of Looked-after Children - Statutory Guidance for Local Authorities, Clinical Commissioning Groups (Department for Education and Department of Health and Social Care)).
Only valid for 48hrs