4.3.2 Looked After Reviews

RELATED CHAPTERS

This chapter should be read in conjunction with Decision to Look After and Permanence Planning for Looked After Children Procedure, which outlines and provides guidance on the options that are available when permanence is being considered.

In the event of a dispute about the implementation of the Review recommendations or the Care Plan, the Resolving Disputes From Looked After Reviews Procedure should be followed.

This chapter was significantly revised in the second version of the Bradford Children's Services Manual that came into force in January 2008.

AMENDMENTS

This chapter was amended in July 2011 in relation to the Care Planning, Placement and Case Review Regulations 2010.

This chapter should be read in conjunction with the Standards of Practice Letter which was added to the manual in November 2011. The main changes that emanate from this letter are:

Timescales for reviews, the booking arrangements and the distribution of consultation papers;
A pre-meeting report must be provided to every looked after review;
The recording times for Liquid Logic.

The Purpose of Looked After Reviews
Frequency of Looked After Reviews
Chairing of Looked After Reviews
Convening and Coordinating Looked After Reviews
Invitations
Role of the Social Worker
Contributions and Reports
Advocates and Supporters
Independent Reviewing Officer's Responsibilities
Role of the Looked After Review in Achieving Permanence
Looked After Reviews on Children who are the Subject of Child Protection Plans
Recording of Looked After Reviews
Review Decisions
Postponement of Looked After Reviews
Conflict Resolution

1. Purpose of Looked After Reviews

A Looked After Review must take place before any significant change is made to the child's Care Plan, unless that is not reasonably practicable, including a decision to cease looking after a child.

The purpose of a Looked After Review is to ensure that adequate plans are in place to safeguard and promote the overall welfare of Looked After Children in the most effective way and achieve either rehabilitation to their own family or Permanence for them within a timescale that meets their needs; to ensure plans are being progressed effectively; to ensure appropriate communications take place; and to make decisions, as necessary, for amendments to those plans to reflect any change in circumstances; to ensure the needs of children looked after as a result of a secure remand are met; to ensure that Eligible Young Person moving into semi-independent accommodation is ready and prepared to move.

Significant changes in the Care Plan can only be made at a Looked After Review.

It is important that decisions taken at Reviews are implemented and that responsibility for actions is clearly defined.

The key plans that should be considered at a Looked After Review are Care Plans, Health Care Plans, Pathway Plans and Personal Education Plans. Additional service plans, such as Placement Plans, may also be considered.

Children who are the subject of Supervision Orders will be treated in the same way as Looked After children and will have Looked After Reviews at the same intervals.

No Looked After Children Reviews will take place without a Pre-meeting report, submitted a minimum of 2 days prior to the meeting which has been seen by the parent and (where appropriate), the child.

2. Frequency of Looked After Reviews

Looked After Reviews should be convened at the following intervals:

An Initial Looked After Review should be conducted within 20 days of the child being Looked After;
The Second Looked After Review should be conducted within three months of an Initial Looked After Review;
Subsequent Looked After Reviews should be conducted not more than six months after any previous Review.

Looked After Reviews should be brought forward in the following circumstances:

As soon as practicable where a child is moved from one placement to another on an unplanned basis or a significant change in the circumstances of a child suggests his/her placement is no longer appropriate;
Where a significant change to the child's Care Plan is required;
Where the Independent Reviewing Officer requests that such a review should be convened, for example, upon the request of the child, parent(s) or any other significant person;
Where, as a result of a visit, the social worker's assessment is that the child's welfare is not being adequately safeguarded and promoted;
Where a review would not otherwise occur before the child ceases to be detained in a YOI or secure training centre, or accommodated on remand;
Where the local authority proposes to cease to provide accommodation for a looked after child.

3. Chairing of Looked After Reviews

The Independent Reviewing Team will designate an Independent Reviewing Officer to chair all Looked After Reviews for a particular child.

4. Convening and Coordinating Looked After Reviews

The child’s social worker The Area Admin Team will notify the Independent Reviewing Team administrative staff by telephone within one working day when a child becomes Looked After.

An Independent Reviewing Officer will be appointed for the child within 24 hours of the notification and will arrange, in consultation with the child’s social worker, a date for the Initial Looked After Review within 20 days of the date when the child first became Looked After.

Reviews will be booked on a 2.5 and 5 monthly cycle for reviews due at 3 months and 6 months, in order to ensure Reviews can take place within timescales in the event of any unforeseen problem.

Dates for subsequent Looked After Reviews will be set at the conclusion of each Review. If the arranged date needs to be changed for any reason, including where a change in circumstances indicates the need for an earlier Review date, the social worker should notify and arrange this directly with the designated Independent Reviewing Officer.

Should the child cease to be Looked After before the Review date, the social worker will notify the designated Independent Reviewing Officer in order that the arrangement can be cancelled.

It is the responsibility of the child’s social worker to make the arrangements, including invitations, distribution of consultation forms, arranging the venue and collating contributions to the meeting.

It is the responsibility of the Independent Reviewing Officer to maintain the timescales.

5. Invitations

Discussion should take place between the social worker and the child (subject to age and understanding) at least 20 working days before the meeting about who the child would like to attend the meeting and where the meeting will be held.

For all Reviews, the social worker will consult with the child beforehand about who should come to the Review, and where it should be held. Whenever possible the parent/carer should be included in these discussions too.

Where the child is unable to contribute to the decisions, for example because of their young age, the participants in the review will need to relay what they believe are the wishes and feelings of the child. The Independent Reviewing Officer will need to ensure that they take an objective view is taken of what is being said on behalf of the child. The ability of the child to contribute to the meeting will be effected by a number of factors including their stage of development.

In consultation with the child and others as above, as well as with the Independent Reviewing Officer, the social worker will draw up an invitation list of the relevant people to attend the Review. Invitations to reviews and consultation documents should be sent out to all those participating in the review at least 10 working days before the meeting.

The following people should normally be considered:

The child, parents, carers those with Parental Responsibility and any significant people or specialists involved in the child's case;
A representative from the child’s school (usually the Designated Teacher) and/or the Education Department;
A Personal Adviser, if the child is approaching the age of 16;
An Independent Visitor, if involved;
Consideration should be given to inviting the Children's Guardian where one has been appointed;
Any other person thought to be relevant e.g. current carer, health care professional including LAC nurse, GP, a representative from the Local Authority in whose area it is proposed that the child will be placed;
The officer with lead responsibility for implementing the authority's duty to promote the educational achievement of its Looked After Children.

The primary focus must be on who the child wishes to be present and the Review should be kept as small as possible. It may be appropriate to request written contributions from agencies rather then invite them to attend.

The Review meeting should not be used as an opportunity to meet the child for the first time when a new worker becomes involved in their case.

Children and parents should also be informed that they can meet the Independent Reviewing Officer separately if they wish, or bring an Advocate (as long as the child knows them already), supporter or interpreter to the Review. See Section 8, Advocates and Supporters.

A decision not to invite a child or parent(s) to a Review should only be made in consultation with the Independent Reviewing Officer prior to the Review.

Parents should only be excluded from the meeting when:

Their whereabouts are unknown;
Their contact with the child is either terminated by the court or when they have chosen not to see the child for a significant length of time;
The child has either been freed or placed for adoption;
The child expresses an informed choice that the parents do not attend in which case their views should be obtained outside the meeting;
Their attendance would provoke an unhelpful unmanageable situation in which case their views should be obtained outside the meeting.

The decision should be recorded, together with reasons, on the Review of Arrangements Record at the start of the ‘Record of Discussion’.

The social worker is responsible for ensuring participants are sent written invitations informing them of the date, venue and purpose of the Review. For the second and subsequent Reviews, invitations should be sent one month before the Review date.

Where an invited person cannot attend, the Independent Reviewing Officer may agree that a delegate attend instead. The delegate should be known to the child.

6. Role of the Social Worker

Before arrangements are agreed, the child's social worker must discuss the purpose of the Review with the child, parents and carers at least 20 working days before the review meeting and consult them about a suitable date, venue and invitations.

The child and parent(s) should be encouraged and supported by the social worker to prepare for the Review, in writing or other ways if they wish, for example by seeing the Chair separately. The Independent Reviewing Officer should agree with the social worker how this will be achieved.

If the child and/or parent wish to prepare a written contribution, a LAC Consultation Paper is designed for the purpose and this is distributed by the administrative staff at the Independent Reviewing Team. Looked After Children (LAC) consultation papers should be circulated to the child, parent and carer at least 4 weeks in advance of a LAC Review.

Various written contributions must also be made available and the social worker is responsible for requesting these when sending out invitations.

In the case of children who are black or who are from duel heritage, the Social Worker will consider referring their case to the Black Cases Panel to ensure that this aspect of the child’s care plan is addressed in the most positive manner possible.

See below, Section 7, Contributions and Reports.

After the Review, the social worker is responsible for updating the Care Plan, Health Care Plan and Personal Education Plan, and arranging for a Pathway Plan within 10 working days, in relation to any changes to the Care Plan at the review.

The social worker should also ensure that arrangements are in place to conduct a Placement Planning Review, if necessary.

The Social Worker must keep the Independent reviewing Officer informed about any aspect of the Care Plan that has not proceeded in the agreed manner or timescales.

7. Contributions and Reports

The administrative staff in the Reviewing Unit will distribute LAC consultation documents to the relevant people 28 days before the Review, except in the case of a first Review when it will be done as soon as possible. The Social Worker may need to assist parents and children to contribute to the meeting and this may be by helping them to complete the consultation documents.

Where the child is placed in a foster home or in residential care, the foster carer or a representative of the home should be asked to contribute a report in writing; a LAC Consultation Paper is designed for the purpose but a separate report may be prepared.

The social worker must send the following documents to the Independent Reviewing Officer at least 5 days before the Review date (unless otherwise agreed with the Independent Reviewing Officer as indicated below):

A copy of the completed LAC Review of Arrangements Form;
Any other written contributions from those invited to attend;
The LAC Consultation documents for all interested parties.

The Review reports should be shared with the child and parents in advance of the meeting, including the Assessment and Action Record summaries where applicable.

The child’s social worker will agree a time to meet the Independent Reviewing Officer before the Review. (This can be on the day of the Review if both agree.)

8. Advocates and Supporters

The social worker and Independent Reviewing Officer should consider prior to the Review whether either the child or parent(s) would benefit from the presence of an Advocate or supporter and if so, the social worker should ensure the necessary arrangements are made. An advocate/supporter may be either an advocate on behalf of the child or a supporter for the parent(s) or a person with specialist skills or knowledge.

It may also be necessary to make arrangements for an interpreter to attend.

Special needs, for example those arising from disability, should always be considered and appropriate assistance arranged where relevant.

In all the circumstances listed above, as well as in others not specified, the social worker will ensure that relevant individuals are invited to the Review, having first discussed the situation with the Independent Reviewing Officer.

Any request by the child or parent(s) for their legal adviser to attend as their supporter should be notified to the Independent Reviewing Officer prior to the Review and arrangements made where appropriate for the attendance at the Review of a local authority legal adviser.

The Social Worker will make relevant enquiries to ensure that representatives of the parents are suitable and do not pose a risk to the child or other children.

9. Independent Reviewing Officer's Responsibilities

An Independent Reviewing Officer (IRO) will chair all Looked After Reviews.

The (IRO) is responsible for ensuring that all relevant people, including the child and parents, understand the purpose of the Review and have been given appropriate opportunities to contribute and express their views.

The IRO should consult the child about their Care Plan at each review and at any time that there is a significant change to the Care Plan. The IRO should meet the child before the first Looked After Review and arrange to meet the child as appropriate in advance of subsequent Looked After Reviews.

The (IRO) should seek to resolve differences of opinion by negotiation. If this is not possible the situation should be referred to the social worker’s Senior Care Manager within one working day of the meeting.

Where participants’ views are not followed, an explanation of the reasons why will be provided by the Independent Reviewing Officer or the social worker.

If the parent(s) or the child brings an Advocate or supporter, the Independent Reviewing Officer will need to explain the role, ensuring that they understand that they may clarify information and help the child or parent explain their views and ask questions of others present.

The agenda for each Review will be agreed at the beginning of the meeting and each participant will be invited to contribute their own items to the agenda and have the opportunity to contribute to the discussion.

Each Review will set a date for the next Review.

The IRO may adjourn a review meeting once, for not more than 20 working days, if not satisfied that sufficient information has been provided by the Local Authority to enable proper consideration of any of the factors to be considered.

The IRO should consider the effects on the child of delaying the meeting, and seek the wishes and feelings of the child, carer and parents where appropriate.

No proposal under consideration at the adjourned review can be implemented until the review has been completed.

It will be necessary for the Independent Reviewing Officer to ensure decisions are clear about who is responsible for action and the timescales agreed for completion, and that the following are considered and accounted for during the Review:

The effect of any change in the child's circumstances since the last review, any change made to the Care Plan, whether decisions taken at the last review have been successfully implemented and if not the reasons;
Whether any change should be sought in the child's legal status;
Whether there is a plan for permanence;
Arrangements for contact/whether there is any need for changes to the arrangements in order to promote contact between the child and parents/other Connected Persons;
Whether the placement continues to be the most appropriate available, whether any change to the placement agreement or any other aspect of the arrangements is likely to become necessary before the next review;
The child's educational needs, progress and development and whether any change is likely to become necessary or desirable before the next review, including consideration of his/her most recent assessment of progress and development; whether the arrangements are meeting the child's educational needs; whether the child has a Personal Education Plan (PEP) and whether its content provides a clear framework for promoting educational achievement;
The child's leisure interests and activities and whether the arrangements are meeting his/her needs;
The child's health report, and whether any change in health care arrangements is likely to be necessary or desirable before the next review; whether the content of the Health Plan provides a clear framework for promoting the child's health; whether the arrangements are meeting the child's health needs;
Whether the child's needs related to identity are being met and whether any change is required having regard to the child's religious persuasion, racial origin and cultural background;
Whether the arrangements for advice, support and assistance continue to be appropriate and understood by the child;
Whether any arrangements need to be made for the time when the child will no longer be looked after;
The child's wishes and feelings and the views of the IRO about any aspect of the case and in particular about any changes made since the last review or proposed to be made to the Care Plan; whether the plan fulfils the duty to safeguard and promote the child's welfare and whether it would be in the child's interests for an Independent Visitor to be appointed;
Where the child is placed with parents before an assessment is completed, the frequency of the social worker's visits.

After the review, the IRO will notify the IRO Service of the way in which the child participated in the review, together with the outcome and the date for the next review.

Where there is evidence of poor practice, the IRO will consider what action is needed to bring this to the attention of the relevant and appropriate managers. See Section 13, Review Decisions.

It is also the IRO responsibility to focus on conflict resolution - see Section 15, Conflict Resolution.

10. Role of the Looked After Review in Achieving Permanence

The Independent Reviewing Officer must check that the child’s Care Plan includes a Permanence Plan with measurable milestones and a Contingency Plan should the preferred plans not materialise. At all stages, the need for Twin Track Planning should be considered.

At the second Looked After Review, there is a requirement to focus on the requirement for the Care Plan to provide a permanent plan for the child within a timescale that is realistic, achievable and meets the child’s needs; a Contingency Plan and the need for Twin Track Planning should also be considered. If it is considered that the chosen avenue to permanence is not viable, the Independent Reviewing Officer should ensure that the social worker convenes a planning meeting as a matter of urgency to consider the viability of the preferred plan and the most appropriate permanent alternative.

At the third Looked After Review there will be a need to consider whether the Contingency Plan should become the preferred plan where a Permanence Plan has not been achieved.

For example where a plan for rehabilitation of the child has not been achieved, the Review should seek to establish whether the lack of progress is as a result of drift or whether there are valid child-centred reasons, properly recorded and endorsed by the social worker’s practice manager.

No further rehabilitation plan should be recommended unless there are exceptional reasons justifying such a plan or where the Court has directed a further assessment. In this case, Twin Track Planning, involving the active pursuit of an alternative placement for the child, will be required.

All subsequent Reviews should review the progress and validity of the Permanence Plan.

11. Looked After Reviews on Children who are the Subject of Child Protection Plans

Where a looked after child remains the subject of a Child Protection Plan, there should be a single planning and reviewing process, led by the IRO, leading to the development of a single plan.

Consideration should be given to the IRO chairing the Child Protection Conference where a looked after child remains subject to a Child Protection Plan. Where that is not possible, it will be expected that the IRO will attend the Child Protection Review Conference.

The timing of the review of the child protection aspects of the Care Plan should be as in Section 2, Frequency of Looked After Reviews.

The Looked After Review, when reviewing the child protection aspects of the plan, should consider whether the criteria continue to be met for the child to remain the subject of a Child Protection Plan.

Consideration must be given to ensuring that the multi-agency contribution to the review of the Child Protection Plan is addressed within the review of the Care Plan.

12. Recording of Looked After Reviews

The Independent Reviewing Officer is responsible for summarising the discussions and recommendations of the Review namely:

Decisions of the previous Review;
The completed Consultation Documents;
Personal Education Plan and most recent school report;
The Health care Plan and most recent medical assessment;
Assessment and Action record summary; and
The social work report.

The administrative staff will log the relevant information from the Review on the ICS as necessary. They will send the Independent Reviewing Officer’s Record and Decision Sheet to those on the invitation list (including the Chairperson and child’s social worker) within a maximum of 2 weeks of the Review taking place.

Decisions and recommendations of LAC Reviews will be recorded on Liquid Logic within 7 days.

Minutes of CP and LAC meetings will be recorded on Liquid Logic within 28 days.

The child’s social worker must notify the administrative staff of any changes to key information on the case within 5 working days of the review. The social worker must also ensure that the Placement Plan/Placement Information Record is updated and the following have been revised after the Review as appropriate and copies forwarded to the Independent Reviewing Officer and other participants:

The child’s Care Plan, Health Care Plan and Personal Education Plan;
The child’s Pathway Plan (if applicable);
The child’s Placement Plan.

The decisions should have any identifying details removed as necessary, for example, exceptionally, the address of the placement.

Where parents do not attend the review/part of the meeting and contribute their views in some other manner, a discussion should take place between the social worker and the IRO as to whether it is in the child's interest for the parents to receive a full record of the review, and, if not, what written information should be sent to them. Examples of where this should be a consideration are where there is a 'no contact order' or supervised contact only.

13. Review Decisions

A designated senior member of staff should consider the decisions made at each Looked After Review within five working days of receiving them and to advise the IRO and all those who attended the review if they are unable to agree them.

If no response is received the decisions should be considered agreed by the Local Authority and should be implemented within the timescales set out in them.

If the senior member of staff disagrees with any of the decisions within that initial five working day period, this should be notified in writing to the IRO and all those who attended the review.

In the first instance the IRO should attempt to resolve the issue informally. If this is not successful the IRO can consider activating the local dispute resolution process - see Section 15 , Conflict Resolution.

14. Postponement of Looked After Reviews

Review dates cannot be changed from the agreed date, except in exceptional circumstances, and where it can also be ensured that the review will be completed within the time-scales set out in Section 2, Frequency of Looked After Reviews, above. The Review may then be changed with the agreement of the Independent Reviewing Officer. Before such endorsement can be given the revised date (within the time-scales) must have been agreed;
Where the allocated social worker is ill or not available for a scheduled Looked After Review, the social worker’s manager or a colleague who knows the case should attend the Review in the allocated worker’s absence to present the summary of work and report. In exceptional circumstances and following discussion between the chairperson and the social worker’s Senior Care Manager, the review can take place in the social worker’s absence;
If the case is not allocated, a manager known to the child should attend the Looked After Review to provide the necessary information to enable the Review to go ahead within the required timescale. This may involve the manager meeting with the child before the Review;
Where the foster home is the venue for the Review and the foster carer is ill on the scheduled date, the Review should go ahead as planned but at another venue and the foster carer’s supervising social worker should be invited to provide information about the placement;
If an older child who is expected to attend is ill or unable to attend due to another important/unavoidable commitment, the Review should wherever possible be rescheduled within the required statutory time-scale;
Should the child not attend as agreed/expected, the Review should go ahead as planned and the Independent Reviewing Officer should advise the child in writing of the outcome and offer a face-to-face meeting to explain the recommendations and hear any representations from the child.

In the light of any representations from the child, the Independent Reviewing Officer may make amendments to the recommended plan following consultation with key members of the Review (this may be done in writing or by phone);
If a parent or significant family member who should be present is unable to attend, the Review should go ahead but every effort should be made to seek their views in advance of the meeting. The Independent Reviewing Officer should write to them after the Review, explain the recommendations of the Review and offer a face-to-face meeting;
If the Independent Reviewing Officer is ill at the time of a scheduled Looked After Review, every effort will be made by his or her practice manager to provide a substitute Chairperson. If this is not possible the social worker’s manager will chair the Review and discuss the recommendations with the Independent Reviewing Officer before they are endorsed.

15. Conflict Resolution

Where the IRO believes that the Local Authority has failed in any significant respect to prepare the child's Care Plan; review the child's case or effectively implement any decision in consequence of a review; or are otherwise in breach of their duties to the child in any material respect, the following procedure will apply:

Informal resolution through a professionals meeting to include the Service Managers of both the social worker's team and the IRO;
If no resolution is reached at this stage a referral should be made by the IRO's Service Manager to the Service Director, Safeguarding and Family Support;
If there is still no resolution, a referral should be made by the IRO's Service Manager to the Corporate Director of Family Services;
If there is still no resolution, the matter should be brought to the attention of the Chief Executive by the IRO Service Manager.

The IRO has the authority to refer the case to CAFCASS where he or she considers it appropriate to do so and must consider a referral to CAFCASS where, having drawn any failures as set out above to the attention of persons of appropriate seniority in the Local Authority, the issues have not been addressed to his or her satisfaction within a reasonable period of time.

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