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Contents

1. Responsibilities of Independent Reviewing Officers
2. Process for Resolution of Problems: Looked After Reviewing Service Flowchart
3. Resolution Process
4. Criteria for Referral to CAFCASS
5. Process of Referral to CAFCASS
6. Arrangements for the Support of Independent reviewing Officers

1. Responsibilities of Independent Reviewing Officers

The responsibilities of Independent Reviewing Officers are informed by Statutory Guidance:

• The Review of Children’s Cases (Amendment) (England) Regulations 2004
• Independent Reviewing Officers Guidance: Adoption and Children Act 2004
• Providing Effective Advocacy Services for Children and Young People Making a Complaint under the Children Act 1989, (Regulatory Authority:2004)
• IRO’s must ensure that in pursuing their concerns about a child’s care plan through this process, that they do not override the view’s of the child or young person.  Children should be empowered to engage and participate fully, in all aspects of their care and decision making. Where there are concerns about a child’s care plan, the child must have access to an independent advocate, who will support the child in having their own views, wishes and feelings clearly represented and considered, even where they do not wish to complain formally.
• Children must be informed of their right to complain, if they are unhappy with any aspect of their care. Children have a right to have their voices heard and have the opportunity of participating in the resolution process under the Children’s Complaints Procedure, where the outcomes that they themselves identify, are fully considered. 
• The Independent Reviewing Officer (IRO) will wherever possible attempt to resolve a problem concerning the child’s care plan by negotiation and effective communication, fulfilling their key role in conflict resolution.
• The IRO has a key quality assurance role in ensuring that care planning and decision making are improved for looked after children. This independent quality assurance role may on occasions involve tensions between professionals who are discharged with implementing the care plan. However, this potential tension must at all times by managed, with the IRO and the involved practitioners and managers maintaining at all times, the welfare of the child as being the paramount consideration.

2. Process for Resolution of Problems: Looked After Children’s Reviewing Service Flowchart

Click here to view Looked After Children’s Reviewing Service

3. Resolution Process

The independent reviewing Officer (IRO) will have ascertained the child’s wishes and views and will have informed them of their right to complain and be independently represented by an advocate.  Equally, even if a child does not want to make a formal complaint, they should still have access to an advocate if required, who can represent the child’s own views about all aspects of his/her daily care and care plan.

The IRO will notify the child’s Social Worker and supervising Senior Care Manager (SCM) immediately upon having concerns about the suitability, timing and implementation of the child’s care plan.  The IRO will make clear what his/her concerns are and will request a response from the SCM, providing clear timescales for this to be received.

Where the SCM does not provide a satisfactory response which addresses how and when the child’s needs will be met, the Practice Manager will convene a Resolution Meeting with the IRO, the child’s Social Worker and supervising manager (SCM) with a view to resolving the identified concerns.  The Practice Manager will notify the responsible Service Manager (PCM) for the care planning area and PCM for the Child Protection and Reviewing Unit.

The Practice Manager will ensure that the child has access to independent representation and support and will consider attendance at the Resolution Meeting, by any other relevant and key professional/party.

In the event of the meeting failing to conclude with a satisfactory outcome, the Practice Manager will submit to the PCM Child Protection and Reviewing Unit a copy of the minutes of the meeting, which will also have been circulated to the responsible PCM, SCM and SW and a report from the IRO, setting out the concerns.

The PCM Child Protection and Reviewing Unit will notify the:

• Responsible Group Service Manager
• Manager of BSCB
• Head of Service

Upon receiving a response from the Head of Service, the PCM Child Protection and Reviewing Unit will immediately communicate this to the IRO and Practice Manager.

In the event of the IRO continuing to believe that the local authority is failing in its duties to the child, s/he will submit these in writing to:

• PCM Child Protection and Reviewing Unit
• Manager of the BSCB
• Head of Service
• Director of Services to Children & Young People

In the event of an unsatisfactory outcome and response from the Director for Services to Children and Young People, the IRO will submit their report to the Chief Executive.

4. Criteria for Referral to CAFCASS

The Independent Reviewing Officer (IRO) is responsible for monitoring the local authority’s review of the care plan, with the aim of ensuring that actions required to implement the care plan are carried out and outcomes monitored.

Where there is a danger that a child’s human rights, as set out under the Human Rights Act 1998, are being breached, the IRO will consider referring the case to CAFCASS so that legal proceedings can be brought, to achieve a satisfactory outcome.

The power to refer to CAFCASS should be considered only as a last resort in extreme cases where:

1. all other attempts have been made within the local authority and with all relevant senior managers, including the Chief Executive
   
   and
2. there is no other person able and willing to take the case on the child’s behalf.

Any referral to CAFCASS will be informed by the outcome from the Children’s Complaints Procedure, in view of the requirement for the participation of children and young people, in all day to day decision making that concerns them.

IRO’s will need to make a judgement about whether a problem raised by a child in a complaint,  is serious enough to constitute a breach of the child’s human rights and justifying a referral to CAFCASS,  without  waiting for a resolution to be made though the Children’s Complaint’s Procedure. 

The IRO will need to consult with the child and their advocate, to ascertain the child’s wishes and views and will also need to consider, the timescales that any legal proceedings may involve.

In ensuring that children with complex needs and disabilities are fully supported in participating in the process and having their views reported and advocated for, the IRO will need to consider timescales that allow for the child’s views to be ascertained and represented.

5. Process of Referral to CAFCASS

The referral should be made together with the following papers:

• copies of the original care order and care plan
• the report of the children’s guardian immediately preceding the making of any care order
• all subsequent review documents
• a report by the IRO explaining why the matter is being referred and setting out the steps s/he has taken to try and resolve the position with the local authority
• a report by the IRO on the child’s wishes and feelings, as expressed by the child or their advocate, including in relation to potential court proceedings
• any other documentation considered relevant, including a chronology and statement of issues, a list of important people in the child’s life and their relationship and involvement with the child
• the outcome of any complaint by the child under the Children’s Complaints Procedure.

6. Arrangements for the Support of Independent Reviewing Officers

The IRO will work with the local authority Complaints Officer and Advocates where appropriate to achieve a resolution to the problem and will consider at each stage of the resolution process:

• Whether a concern or a formal complaint made by the child has been resolved;
• What the child’s wishes and views are;
• Whether the criteria for a referral to CAFCASS is still met, in view of the outcome of any formal complaint or representation made by or on behalf of the child,  by their advocate.

The IRO should consider an acceptable timescale in which the problem should be resolved and must make this clear to the local authority at each stage of the resolution process. 

At each stage of the resolution process, the IRO will also need to consider before progressing further, the statutory timescales for responding to children’s complaints under the Children’s Complaints Procedure.

The Practice Manager for the IRO will ensure that the IRO is supported throughout  the process and provided with appropriate advice, guidance and assistance.

End