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Contents

1. Introduction
2. The Review Procedure
3. Advocacy
4. Referral Meetings (for children with complex health and disabilities)
5. Flowchart for Agreement of Legal Status
6. Planning Meeting 
7. Process for 6 Monthly CIN Reviews
8. 1 Week Prior to the Review
9. Recording

1. Introduction

Short breaks can be provided by local authorities through the use of their powers under:

• Section 17(6) of the 1989 Act, which grants local authorities a power to provide accommodation as part of a range of services in order to discharge their general duty to safeguard and promote the welfare of children in need; and
• Section 20(4) of the 1989 Act, which grants local authorities a power to provide accommodation ‘for any child within their area (even though a person who has parental responsibility for him is able to provide him with accommodation) if they consider that to do so would safeguard or promote the child’s welfare’.

Before making a decision, Local authorities must always be clear about the legal basis on which services are provided. This should be informed by their assessment of the child’s needs and should take account of:

• Particular vulnerabilities of the child, including communication method;
• Parenting capacity of the parents within their family and environmental context;
• Wider family and environmental factors;
• The length of time away from home and the frequency of such stays - the less time the child spends away from home the more likely it is to be appropriate to provide accommodation under Section 17(6);
• Whether short breaks are to be provided in more than one place where the   child spends short breaks in different settings, including residential schools,  hospices and social care placements, it is more likely to be appropriate to provide accommodation under section 20(4) (see paragraph 2.16);
• Potential impact on the child’s place in the family and on primary attachments;
• Observation of the child (especially children who do not communicate verbally) during or immediately after the break by a person familiar with the mood and behaviour of the child (for example the parent or school staff);
• Views of the child and views of parents – some children and parents may be reassured by, and in favour of, the status of a looked after child, while others may resent the implications and associations of looked after status;
• The extent of contact between short break carers and family and between the child and family during the placement.

A child offered services under Section 17 is not a Looked After Child and the Care Planning Regulations do not apply. Consequently, there is no requirement to appoint an Independent Reviewing Officer. A Child In Need plan is required in accordance with the Assessment Framework.

2. The Review Procedure

A review may include a face to face meeting. Generally it should be possible to include a review of short breaks with a review of other aspects of a child’s health, education or development for e.g. Special Education Needs Transition or CDC review, where some of the same people will already be together. In other cases a review might not have to be a meeting.

A Child’s (In Need) Plan is not just a plan of the short break but is a review of the child’s circumstances including all short breaks and support care, education, health and parenting. Therefore a review of the Child’s Plan incorporates all those elements. However, one principle of Children In Need reviews is to prevent duplication of meetings: Children with disabilities are subject to SEN (multi-agency) reviews and Child Development Centre and CAMHS (multi-disciplinary) reviews. Therefore the review of the CIN plan needs to make efficient use of these processes to gather information and assessments from other agencies that contribute to the CIN plan.

A review for a child who is not looked after should:

• Ensure the service(s) provided meet the needs identified in the Child In Need plan and safeguard and promotes the welfare of the child;
• The review needs to consider the child's personal safety and whether the current plan meets their needs and provides them with a safe and comprehensive care package. Safeguarding issues such as restraint and other restriction need to be considered;
• Focus on the outcomes for the child and family;
• See the child’s development and progress in the round and therefore be a multi-agency review;
• Include the ascertainable wishes and feelings of the child and the views of    the family
• Take place at least six monthly.

3. Advocacy

The Social Worker should consider including an element in the review which is independent of the service provider and those with parental responsibility where possible. Having an advocate may be particularly useful for disabled children, particularly young people moving towards adulthood.

The general principle is that each child should have a voice, either through an independent advocate or through their own choice of who they want as advocate.

As with other CIN plans, the review is not likely to be a meeting unless the SCM decides that a planning meeting is required. The SW will take responsibility for collating the views and assessments of all stakeholders and reach a view about the way forward.

It is a minimum requirement to hold reviews every six months for children who receive services under section 17 of the 1989 Act. The needs of the child and family may indicate that a review should take place before the statutory minimum, for example if the child’s condition is changing quickly, or there are changed family circumstances. In each case where children are provided with accommodation under section 17(6) the review should consider whether this continues to be the most appropriate legislative basis for the service provided.

4. Referral Meetings (for children with complex health and disabilities)

At these meetings the Care Management Worker will present the assessment recommendations and the assessed needs of the child being considered to the Referral Panel, (discussion with CD) which is made up of representatives from Care Management, resources, health and an IRO representative. The legal basis for offering a short break will be determined and where this is under S17 (6) SCM will be informed. Services will be identified that respond to the assessment recommendations/identified needs.

When a child receives over 75 nights or is receiving overnights from 2 separate placements will be reviewed considered S20(4) and reviewed by the IRO.

Referral Process for children without disabilities (Support Care /Crisis Care):

• At point of referral to service issue of legal status for short break overnights is discussed in accordance with criteria checklist between referring social worker and Support Care/Crisis Care social worker and a legal status recommended;
• Team managers confirm recommendation;
• If an agreement to the legal status cannot be made the Team Managers of the Short Break service and area team will decide on the legal status and if necessary consult IRO Service Manager if Section 20 (Regulation 48) recommended.

5. Flowchart for Agreement of Legal Status

Click here to view flowchart                                    

6. Planning Meeting 

A Planning Meeting must be held to start a service and to formulate the initial Child Plan. Planning Meetings will be held following an agreed period of introduction but should always be held prior to the first overnight stay. In emergency situations this may be after the first overnight stay but should be as soon as possible. The Senior Care Manager will take responsibility for chairing the Planning Meetings and will set the date for the first review, within 3 months of this meeting.

At the Planning Meeting an Allocated Worker will be identified to manage the case which will include responsibility for coordinating future reviews.

7. Process for 6 Monthly CIN Reviews

It is reasonable to review Short Break provision as part of other key reviews in a child’s year for e.g. SEN, transition or CDC meetings.

Should the discussion between the allocated worker and the SCM conclude that a separate review meeting is required then the following process should apply.

Qualified social workers may, in agreement with their SCM chair the review.

The SCM will chair the review for case holding CRWs.

The Allocated Worker should consider who should attend the review and send out invitations to:

1. The child;
2. The child’s parent(s) and others with Parental Responsibility;
3. Carers and representatives from any agencies/specialisms involved in meeting the child’s needs.

The Allocated Worker will have the Care Management responsibility to ensure that the child’s views are represented at the review by one of the following methods:

• Through the child attending and participating in their review;
• The child attending and having their views represented;
• From discussion with the child outside the review;
• By helping the child to complete a consultation form;
• By worker/workers interaction with the child using “hearing the child” materials;
• Through observation and discussion with the family and carer’s;
• Through observation of the child’s reaction and responses while in placement.

The aim of this work is to ascertain (as far as possible) a child centred view of:

• The child’s feelings about the services they are receiving;
• An ongoing plan of things they would like to try and achieve;
• How services need to be shaped according to service users wishes Information and recommendations that can be included in the child’s Abilities and Goals plan (to clarify).

8. 1 Week Prior to the Review

The Allocated Worker should have completed a draft report and plan and discussed the contents with the family. The Allocated Worker should send a copy to the chairing SCM and any other parties that have been invited to the review. It is good practice to share update prior to a review.

If the Allocated Worker identifies any sensitive issues from the consultation documents, reports etc. they should discuss these with their supervisor and the Chairperson prior to the review.

The department offers children and young people consultation regarding their review using either Viewpoint, the online consultation system, or using the paper consultation form to communicate their wishes and feelings. The chair of the review should have access to whichever type of consultation has been used prior to the review meeting. Following the meeting it will be returned to the allocated worker for the case file.

It is important that all reports and documents are signed and dated.

Where people are unable to attend the allocated worker should ascertain their views and agree how these will be shared in the review meeting.

If there is potential for conflict between participants or a child may be seriously inhibited by the presence of parents or another person, a meeting may need to be arranged in more than one stage.

9. Recording

In every case it will be important to minute the views of those involved in the review, decisions taken, the identify of the persons responsible for implementing them and amend the child in need plan as necessary. Reviews should take the form of a meeting when requested by the family. 

End