4.10.11 Allegations Against Prospective Adopters |
SCOPE OF THIS CHAPTER
This procedure applies where allegations are made or suspicions are raised that approved prospective adopters have caused Significant Harm to any child. The chapter relates to Bradford children who are either on introduction to their adoptive placement or have been placed for adoption but not yet adopted
They should be read in conjunction with West Yorkshire Consortium Procedure 6.2 Allegations Against Persons who Work with Children Procedure.
AMENDMENT
This chapter was updated in July 2011 to take account of the Adoption National Minimum Standards 2011 and Adoption Guidance 2011. The changes are in sections 1(LSCB/LADO) and 3.4 (retention of records.)
Contents
| 1. | Policy | |
| 2. | Introduction | |
| 3. | Procedure | |
| 3.1 | Initial Action | |
| 3.2 | Conducting the Enquires | |
| 3.3 | Strategy Meeting | |
| 3.4 | Investigation and Action | |
| 4. | Report to Adoption Panel | |
1. Policy
All children are entitled to the same level and standard of protection from harm including those receiving services from statutory or other agencies. For this reason, enquiries and investigations relating to children in receipt of such services must be dealt with under the principles, policies and procedures laid down by the Bradford Safeguarding Children Board or, in relation to children placed outside the district, in accordance with the principles, policies and procedures of the relevant Local Safeguarding Children Board.
All staff must be aware of the West Yorkshire Consortium Procedure 6.2 Allegations Against Persons who Work with Children Procedure (including Carers and Volunteers (under Working Together to Safeguard Children 2010) and the need to refer persons to the Independent Safeguarding Authority. The adoption agency's own procedures must be approved by the Local Authority Designated Officer (LADO) and be consistent with the procedures of the LSCB for the area where the prospective adopters live. There is a designated person within the adoption agency responsible for managing allegations and liaising with the LADO.
Adoption support agencies should have written procedures for dealing with allegations of historical abuse which may be made by service users during the course of service provision.
Allegations or suspicions that a prospective adopter has caused Significant Harm to a child will be investigated thoroughly, speedily and sensitively under those procedures and will involve open and honest communication with and support to all those affected.
Clear timescales will be integral to the procedure and those involved must avoid delay unless there is good reason. There will be clarity regarding access to reports and documents relating to the investigation.
It is important to note that, although there may be insufficient evidence to support a Police prosecution, this does not mean that action cannot be taken to protect a child nor that the termination of a prospective adopter’s approval cannot be considered.
The welfare and safety of all children in the adopters’ household, and children with whom the adopters may have contact, must also be considered during any child protection enquiries.
2. Introduction
The expectation is that:
- At the time of a child’s placement, prospective adopters will be provided with detailed information as to the child’s background and in particular the context of any abusive experiences of and/or previous allegations made by the child. (See Planning for Adoptive Placements Procedure).
- All prospective adopters will receive preparation, training and guidance to help them provide a safe environment for the child and all members of the adoptive family.
- All prospective adopters will have received information about this procedure.
- All prospective adopters will be advised to record any incidents or complaints. This is to protect the interests of all those involved in the child’s placement and will provide important evidence if an allegation is made.
3. Procedure
3.1 Initial Action
Any person who receives information or suspects that a child has suffered or is suffering Significant Harm in an adoptive placement or during an introduction to an adoptive placement must immediately inform the child’s social worker.
On receipt of any such information, the child’s social worker (or in their absence their line manager or duty social worker) must immediately (i.e. within one working day) ensure that arrangements are made for informing key parties. The child’s social worker will enter on the child’s case record when key parties were informed and by whom. The key parties are:
- Line manager for child’s social worker
- Local Authority Designated Officer (see paragraph 3.2)
- The adopters' link social worker and his or her manager. This will either be Bradford’s Adoption Team or the relevant worker and manager if the child has been placed on an inter-agency basis.
- In the case of children placed inter-agency the family finder from Bradford’s Adoption Unit
- Social workers for any other child in the placement
- Any other local authority with an interest in the adoptive placement
A Strategy Discussion/Meeting instigated by the fieldwork manager responsible for the child will take place between all the social workers and their Managers, in consultation with the Child Protection Unit, which will make the decision about whether the concerns are to be treated as a child protection matter (i.e. whether a Section 47 Enquiry is to be pursued) or whether treated as concerns regarding standards of care which do not meet the thresholds for a Section 47 Enquiry. See West Yorkshire Consortium Procedure, 3.4 Section 47 Enquiries and Core Assessments, Decision to Undertake a Section 47 Enquiry.
When a Section 47 Enquiry is indicated there must be consultation with the Police to determine the conduct of the enquiry. In the case of children placed out of the district this consultation will be with the relevant section of the police force where the adoptive placement is located.
Consideration will be given to whether any of the children within the household should be removed to safeguard them during the course of the investigation.
Children who have been placed for adoption will be subject to either a Placement Order or Parental Consent to Adoptive Placement. The agency has no automatic powers to remove on an emergency basis in these circumstances. Legal advice must be sought immediately.
See Planning for Adoptive Placement Procedure
If the prospective adopter also has involvement with children, either as an employee or volunteer with another organisation, consideration should be given as to whether, at this stage, the relevant manager of that organisation should be informed.
The decision to proceed with a Section 47 Enquiry, or otherwise, can be revisited at any point in the light of new information.
If a Section 47 Enquiry is not indicated the pursuit of the broader concerns regarding the care offered will be the joint responsibility of the fieldwork staff responsible for the child and the social work staff responsible for the adopters (the Bradford family finder if placed inter-agency will need to be informed). An Adoption Review may need to be held. (see Monitoring and Supervision of Adoptive Placements Procedure)
Where a Section 47 Enquiry is necessary, a degree of independence is required. The Assessment team for the area in which the prospective adopters reside will take responsibility for undertaking the enquiries. They will also initiate the Framework Assessments of all of the children in the household (including the child who is the subject of the Section 47 Enquiry). These assessments should be in conjunction with the allocated social workers for any children in the household.
This discussion will also consider if, due to the nature of the allegation, a Strategy Meeting needs to be held prior to commencing any enquiry.
3.2 Conducting the Enquires
Whenever Section 47 Enquiries are undertaken, there is an expectation that at the start of the process appropriate information will be provided to enable prospective adopters (as with parents) to understand the nature and substance of the concerns (there may be restrictions imposed by the police). This would be the responsibility of the social workers undertaking the investigation in conjunction with the link social worker from the Adoption Team who may also be present whilst this information is shared, in order to support the prospective adopter.
The child’s social worker has a duty to inform anybody with Parental Responsibility for the child/ren subject to the Section 47 enquiries (again subject to restrictions by the police).
Consideration will need to be given about informing those with Parental Responsibility, the information to be provided and when this should be done. Factors that will need to be considered are the nature of allegation, seriousness of any injuries and whether the child has been removed from the placement.
Each Local authority is required to identify a Local Authority Designated Officer (LADO) to whom all allegations in respect of staff, volunteers or carers should be notified. In the Bradford District this role is allocated to the Service Manager, Child Protection, in Children’s Social Care. Notifications should be made using the Child Protection Unit duty number (01274 434343), and followed up in writing using the relevant pro forma.
The link social worker for the prospective adopters, in consultation with the investigating social worker and the relevant adoption manager will be responsible for informing the prospective adopters in writing of:
- Who in the adoption service will be responsible for keeping them informed about the process and offer assistance in communicating with the investigating workers
- Discuss plans for their support from the Adoption Team. The possible need for them to seek legal advice. Support can be sought from Bradford’s Association of Foster Carers and Adopters.
- A copy of this procedure and the relevant part of the Bradford Safeguarding Children Board Child Protection Procedures or the relevant area’s Local Safeguarding Children Board procedures.
- Where the prospective adopters are in receipt of financial support, they should be informed of any implications for the payment of such support, where placements have been suspended.
- The responsibility of all social workers to report to the local authority, the Police and in some circumstances to the Court if any information relevant to the investigation comes to their attention.
Where the prospective adopter lives outside the Bradford District, the senior care manager responsible for the Section 47 Enquiry should discuss with the relevant Children’s Services Authority how the enquiry will be conducted. In this eventuality the home authority may ask Bradford Children’s Services to investigate the matter or conduct the investigation jointly. Both the Bradford Child Protection Unit (CPU) and the CPU for the area where the carers reside will need to be kept informed regarding the progress of enquiries and assessments.
The responsible social work team will then complete a Core Assessment and undertake any action required to protect the child or children involved in accordance with the Bradford Safeguarding Children Board Procedures.
A record of the Strategy Discussion/Meetings and decisions about action will be held on the child’s file and in the Child Protection Unit.
The link social worker will record on the prospective adopters' file a brief summary of the concerns and the actions to be taken.
3.3 Strategy Meeting
If a Strategy Meeting is to take place prior to the investigation this should take place within 2 working days of the referral (see West Yorkshire Consortium Procedure 6.2 Allegations Against Persons who Work with Children Procedure). The timing of the Strategy Meeting will be determined by the level of immediate risk to any of the children in the household.
Any action to protect the child in question or other children should not be delayed because of a Strategy Meeting.
The Chair of the meeting will be a member of Child Protection Unit in line with the guidance about investigations concerning adults in position of responsibility for children.
The Strategy Meeting must consider:
- The current allegation made and how it is to be investigated, including who is to be interviewed.
- Whether there should be a concurrent police investigation
- Any previous allegations or concerns about the prospective adopters and the outcome of previous investigations
- Any previous allegations made by the child in question and the outcome of previous investigations
- The suspension of introductions and whether the child should remain in placement whilst the investigation is carried out should be considered in the context of the best interest of the child.
- The safety and well-being of other children living with, or having contact with the prospective adopters.
- The need to call an urgent review of the placement planning - see Planning for Adoptive Placement Procedure - or of the adoptive placement - see Monitoring and Supervision of Adoptive Placements Procedure - and the timing of any such review
- Support to be offered to the children in the family during the investigation
- Who will inform the prospective adopters of this meeting
- Who will support the prospective adopters through the investigation process
- Contact and information to be given to the parents of the children concerned. How and when this should be done.
The prospective adopters may also need to be informed that the investigation, may include the possibility that an Initial Child Protection Conference may be convened in relation to their own children.
The Chair should complete a decision sheet at the end of the meeting summarising the actions to be taken and the date of the next meeting within one working day. Copies of the decision sheet and the minutes should be held on the child’s file and a copy kept on the carers file . The documentation may need amending to protect the identity of third parties or other third party information.
3.4 Investigation and Action
Where the Section 47 Enquiry has concluded that the allegations are unsubstantiated
- The investigating manager discusses this conclusion with the managers involved in the initial Strategy Discussion/Meeting to agree that no further investigative action should be taken.
- The prospective adopters must be informed of the decision by the investigating team, preferably in the presence of their link social worker or their representative.
- The child’s social worker and prospective adopter’s link social worker should consider whether further actions may be required to address concerns about the carers' practice and whether any additional support and training that may be required for the prospective adopters. Consideration should be given as to whether there would be merit to bringing forward the child’s Adoption Review see Monitoring and Supervision of Adoptive Placements Procedure
- The Adoption team, and the prospective adopters, will receive a copy of the completed Core Assessment as a record of the enquiries made and conclusions. This record may have been amended to protect the identity of third parties or other third party information. Prospective adopters have the right to access their own file.
- If the prospective adopter also has other involvement with children as an employee or volunteer with an other organisation, and this organisation was advised earlier about the investigation, then the manager of that organisation must be informed of the outcome.
Where the concerns have been substantiated
A Strategy Meeting will be convened, to consider the Core Assessment prepared by the responsible team. The purpose of the reconvened Strategy Meeting is to agree on the outcome of the investigation and to determine what steps need to be taken to safeguard and promote the welfare of the child, including the need to call an urgent review of the adoptive placement - see Monitoring and Supervision of Adoptive Placements Procedure and reporting on the matter to the Adoption Panel - see Planning for Adoptive Placement Procedure
Children who have been placed for adoption will be subject to either a Placement Order or Parental Consent to Adoptive Placement will have been given. In these circumstances the agency has no automatic powers to remove on an emergency basis and legal advice must be sought immediately if this is a consideration
- Persons attending should be the same people who attended the previous Strategy Meeting.
- The same person will chair the meeting. All documentation may need amending to protect the identity of third parties or other third party information.
- All documentation including the recommendations will be sent to the adoption service, and the child/rens’ social workers.
- The Chair will write to the prospective adopters, informing them of the outcome of the investigation.
- If the prospective adopter also has involvement with children as an employee or volunteer with another organisation, the manager of that organisation must be informed. It is that organisation’s responsibility to advise the prospective adopter of any further action that might be taken regarding the prospective adopters role in that organisation.
Any allegation made against a prospective adopter or a member of the household, how it was dealt with and decisions made, and all relevant documents are recorded on the child's file and the prospective adopter's file, and their respective Adoption Case Records. If an Adoption Order is made, this information must be retained for 100 years after the Adoption Order.
4. Report to Adoption Panel
Consideration should be given to when matters should be reported back to Adoption Panel.
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