1.1.2 Policy, Values and Principles, including Principles of Recording, Equality, Confidentiality and Consultation

SCOPE OF THIS CHAPTER

This chapter provides the context for all procedures.

It contains the overall policy and strategy for the provision of services to children and families and Bradford’s confidentiality policy. It also sets out underlying values and principles for recording, confidentiality and consultation.

AMENDMENT

This chapter was slightly revised in November 2010

Our Vision and Core Values
Child Care Policy and Strategy
Providing Services for Children and their Families Principles and Aims
Equality for Children and their Families
Recording Principles
Confidentiality Values and Principles
Consultation Principles

1. Our Vision and Core Values

Bradford Council exists to serve the people and businesses of the Bradford Metropolitan District. We do this by:

Providing services and facilities
Representing the district and its people.

Our vision for the Council is clear: within 5 years we aim to be one of the UK’s top performing local authorities, recognised by the district’s residents for excellence in the way we perform, and recognised by all for having led the district’s regeneration.

We want everyone who lives in the Bradford District and everyone who works for Bradford Council to be proud of their council and proud of their district.

Our core values, upon which all Council activities are based, are:

Putting customers first
Meeting the needs and aspirations of our customers is central to everything we do, and customer satisfaction is the ultimate measure of our success
Serving the whole district
We aim to serve and represent the whole district in all its diversity
Acting with integrity
We will be true to our word and deliver our promises, do the right thing, not the easy thing, and be honest, open and transparent

Valuing people
By valuing people and creating a culture that celebrates diversity and allows individuality to flourish we will best serve our customers, and get the best from our staff and partners
Continuous improvement and innovation
Continuous improvement and innovation are the foundations for improving the efficiency and effectiveness of council services and increasing customer satisfaction.

Click here to view the Children's Pledge.

Click here to view Bradford Children and Young People's Plan 2009 - 2012.

2. Child Care Policy and Strategy

2.1 Introduction

This Policy sets out the ethos and framework within which the Department of Services to Children and Young People work with children, young people and their families. It is underpinned by a range of legislation and guidance including, but not limited to:

Children Act 1989
Children (Leaving Care) Act 2000
Care Standards Act 2000
United Nations Convention on the Rights of The Child
Human Rights Act 1998
Adoption and Children Act 2002

Educating and supporting children’ is one of councils’ priorities, as expressed within the Corporate Plan; promoting improved outcomes for all children and young people.

It also forms the basis for of the Local Area Agreement with partner agencies across Bradford.

The aims and priorities of the district are now expressed within the Children and young People’s Plan for Bradford.

2.2 Policy Statement

In Bradford we will work to ensure that all children have the best chances in life to achieve their full potential.

This can be summarised under 5 key outcomes for children and young people:

Being healthy
All Bradford’s children and young people have the right to have their physical and mental health safeguarded and promoted. They also have the right to live a healthy lifestyle.

Being safe
All Bradford’s children and young people have the right to be safe and secure, protected from harm and neglect, and to live in an environment that enables them to develop to their full physical, mental, spiritual, moral and social potential.
Enjoying and achieving
All Bradford’s children and young people have the right to the best possible education and training which meets their identified needs and equips them to live full adult lives. They also have the right to time and support to pursue appropriate leisure interests, especially children acting as young carers.

Making a positive contribution
All Bradford’s children and young people have the right to family life wherever possible and to be supported to take part in community life. They have the right to a continuity of care wherever possible and to develop and preserve their own identities. They also have a right to information and to make choices about their lives, having regard to their age and understanding. Through this they will be enabled to make a positive contribution to the community and to society.

Economic well-being
All Bradford’s children have the right to live above the poverty threshold and to be equipped with the skills and knowledge that will help them overcome socio-economic disadvantage where necessary.

3. Providing Services for Children and their Families Principles and Aims

3.1 Principles

All children have the right to grow up in a secure, loving, stable setting within consistent and age appropriate relationships. This setting is likely to be provided for the vast majority of children by their own family.

It is our experience and expectation and that of the wider community that most families will wish to bring up their own children unaided or if they need assistance, this will be sought from relatives, friends or local community groups. Nevertheless, Children's Social Care Services do offer assistance and services in a variety of ways and these should be readily available to families who need them.

Disabled children and children with complex health needs have a right to lead lives which are as normal as possible. In order to minimise the extent of their disability, Children's Social Care Services will provide services, where an assessment confirms that this is needed, in partnership with a child’s parents.

Some families will either temporarily or on a long term basis experience child care problems which they cannot resolve within the family or local community. This may be due to illness, disability, delayed development, relationship problems, behaviour problems, emotional difficulties, financial problems, cultural/ethnicity, religious needs or some other cause. They have a right to seek support and services from Children's Social Care Services and to have a choice in what kind of service they receive provided this will promote the best interests of the child.

Normally, these services will be provided whilst the child or children remain living at home. We recognise that separating a child from his or her parents is usually not in the best interests of a child. Nevertheless, the timely provision of accommodation for a child in a foster or residential home by Children's Social Care Services either for a brief period or on a respite care basis can relieve stress and pressure in a family or help that family to resume or continue functioning satisfactorily. Where Children's Social Care Services consider that provision of accommodation will benefit the child, this will be by agreement with parents and subject to consideration of the child’s wishes and feelings.

Parents will always be allowed contact with their child whilst they are accommodated and children cannot be retained in accommodation, against their parents’ wishes, unless there is clear evidence that this is necessary to protect the child.

Occasionally, a parent or parents believe that they will be unable to provide an adequate upbringing for a child throughout his or her childhood and request that their child is adopted. We believe that these parents should be informed or other available services which could help to relieve their difficulties but that if, after advice, informed discussion and counselling, they still consider that adoption is the best solution; they should be supported in relinquishing their child for adoption and also given ongoing help and advice in their own right if they consider they need it.

Sometimes, there is evidence that a child is being or is likely to be significantly harmed in their own family. This may be because of neglect, abuse or because the parents are unable to control the child or young person and the child or young person is putting themselves in danger. The term significant harm includes physical ill treatment or avoidable impairment of health or development, sexual abuse and social, emotional, behavioural and intellectual neglect or abuse. Where Children's Social Care Services are alerted that a child is suffering or likely to suffer significant harm, we will always investigate. However, where possible, it is our aim not to compulsorily remove a child but to offer services to a family, including, if appropriately, accommodation to help them resolve their problems and to improve their standards of care to the child, provided this does not present an unacceptable risk to the safety of the child.

Where it is necessary to compulsorily remove a child from their family or prevent their return to their family, this will be done through the due legal process, and parents and child will be informed of their legal rights to challenge this process. Even where the parents or child are not in agreement with Children's Social Care Services’ legal actions, we will attempt to reach agreement on such issues as where the child will live, how often and where the parents and child will have contact, and what the long term plan for the child should be. It is often the case that Children's Social Care Services are able to establish co-operative working relationship with parents and child, which will meet the best interests of the child, even though we have compulsorily removed a child from their home.

When a child is in care, she or he will always retain contact with his or her parents, unless there is evidence that this will cause significant harm to the child or the child does not wish to return contact or it is irreconcilable with the long term plan for the child. In such cases, agreement of the court will be sought to terminate contact and parents or the child have the right of legal challenge.

When a child is in care or accommodated, it is our policy to try to rehabilitate the child to his or her own family in the shortest possible timescale that is consistent with the child’s safety and well being.

Where a child is admitted to care or accommodation, it is our aim that this should be a beneficial and stable, not damaging, experience for the child. In order to do this, we will aim to:-

Discover whether there are any suitable relatives or friends of the child willing or able to be approved as foster carers or, where appropriate, apply for a residence order, thus keeping the child within a familiar environment. If this is not possible:-
We will aim to place the child in a foster home which is as similar as possible to their own home in terms of race, religion, language and culture of the foster carers. The foster home should be as local as possible to the child’s own home unless this is not in the child’s interest. If a foster home is not appropriate or no suitable resource is available:-
We will aim to place the child in a residential home which is geared to meeting their particular needs. Occasionally, it may be possible for parent(s) to move into the residential home with their child or children if this will help to achieve the aims of the plan for the child or children.
We will aim to keep brothers and sisters together if they come into care or are accommodated at the same time, unless there is evidence that this would not be beneficial for them.
We will aim to avoid sudden and unplanned admissions or moves in order that the child can be helped to come to terms with the separation from his or her family or previous placement and be introduced to and feel comfortable with the new placement.

Where it proves unsafe or in some other way impossible to rehabilitate a child to his or her own family, within a timescale that has meaning for the child, then we will seek to achieve an alternative permanent family for the child where he or she can grow up in a stable, loving and secure environment. The wishes and feelings of the child will be sought as to the type of family they wish to live with and the contact arrangements they wish to have with their birth family members. The permanent alternative family may either be an adoptive or foster family.

Where Bradford Children's Social Care Services Adoption Panel recommends that adoption is in the best interests of a child, we will explain to parents the legal process and their right to challenge legally the plans of Bradford Children's Social Care Services.

Where a child or young person is placed for adoption by Bradford Children's Social Care Services, he or she, along with his or her adoptive parent(s) and his or her birth parent(s) remain entitled to counselling, advice and information concerning adoption at any stage in their lives when they may need it.

Where a young person remains in care or accommodation or is privately fostered after their 16^th birthday, they have the right to ongoing advice, support and material help in establishing themselves as a self-supporting young adult in the community.

3.2 Putting Principles into Practice

Within the stated principles our aims will be:-

To ensure that the welfare of the child is our paramount consideration and that particular regard is paid to his or her physical, emotional and educational needs.
To ensure that each child and their family will be equally valued and their individual and distinctive needs met with positive regard to their age, gender, race, religion, culture, language, sexual orientation and ability or disability.
To take account of the wishes and feelings of the child, his or her parents, other person with parental responsibility and anyone else who can demonstrate a genuine interest in the child.
To minimise delay in decision making as this can harm the child and his or her family.
To offer an appropriate service in an appropriate location at the time when the child and his or her family need it and of a quality that will meet the needs of the child and their family.
To provide services that are designed to meet individual children’s and families’ needs – not to fit needs to existing services. In order to do this we will, where appropriate, undertake multi-disciplinary assessments to satisfy ourselves and the family that we have understood their difficulties and needs.
To actively involve the child’s family in all service provision, unless, exceptionally, a legal decision has been made to the contrary.
To ensure that each service we offer is the subject of a written plan, drawn up with the parents, the child and the service provider. This plan will record the aim of service provision, the expectations of all parties involved, the time for which the service will be offered and any other relevant considerations. The plan will be reviewed at regular intervals and, if appropriate, amended.
Where parental responsibility is vested in the Local Authority, to act as a good parent would with his or her own child.
To provide children with a model of adult/child relationships this is caring, non-abusive and non-exploitative. Discipline should be a positive learning experience for children. Corporal punishment will never be used.

3.3 Achieving our Aims

In order to achieve our aims, it will be important for Children's Social Care Services to:-

Be accessible and accountable to service users by:-
	Informing potential and current service users of their eligibility for services and the quality of service which they are entitled to expect using appropriate languages and media. Including using interpretation services for non English speaking service users. Consulting with service users concerning changes or new developments in services. Involving service users in meetings where important decisions are likely to be made about them. Clearly recording decisions that are made and actions that are expected and communicating these in writing to service users. Offering service users access to records that are kept about them. Operating a complaints procedure that is accessible, efficient, effective, speedy and easily understood by service users and carers.
Be open to scrutiny and change. We will therefore willingly consider proposals, initiatives and suggestions made by Councillors, service users, staff, carers, other agencies and community organisations and, where feasible and appropriate, act upon them. Be prepared to measure present and future needs, set targets for service performance and monitor outcomes openly. Recognise and value the contribution of staff and carers who are performing a complex, stressful and potentially exhausting task by:-
	Providing appropriate supervision, support, feedback, training, remuneration and time off. Consulting with staff and carers concerning changes and developments in service and where appropriate their representative organisations and Trade Unions. Acknowledging that foster carers are equal partners in the Children's Social Care Services team which is aiming to meet the needs of a child. We will provide carers with full written information about the child and invite carers to relevant meetings concerning the child. Promoting a positive image of the skilled and very responsible tasks which staff and carers undertake in all our transactions with the general public, the media, service users and Councillors. Offering positive opportunities to people from a wide range of ethnic, cultural, religious, social and economical backgrounds and lifestyles to be recruited as staff and carers, provided they meet the essential requirements for the post/task. This will improve our ability to offer services that are sensitive and sympathetic to a wide range of service users.
Acknowledge where services fall short of individual or public expectations, either through human error or lack of adequate resources. We will be open about our child care priorities and any eligibility criteria it is necessary to establish.

4. Equality for Children and their Families

4.1 Religion, Ethnic Origin, Linguistic Background and Culture

All children and their families are entitled to equal access to services which do not discriminate on the grounds of religion, ethnic origin, linguistic background, culture, gender, disability or sexual orientation. However, this does not mean that all children and their families will receive an identical service but rather that services will recognise and respect their particular differences and meet their particular needs.

No child or family who qualify for service should be refused a service or receive a diminished service because services are not designed to meet their particular needs. The service should be changed as a matter of urgency to meet their needs.

Monitoring, by ethnic origin and gender of service users and staff/carers should be undertaken in order that reviews are based on accurate information. Any discrimination, whether direct or indirect, intended or unintended, must be quickly identified and acted upon. The review should promote positive planning both to meet changed service demand and to continually improve services. Training should be provided for carers and at all levels of the Department to ensure that this policy statement is understood and sufficient time and resources should be allocated to ensure it is enacted.

Individual discrimination or prejudiced actions, statements, jokes etc. by staff or carers towards children, their families, or other staff and carers are totally unacceptable, must always be challenged and may be subject to disciplinary proceedings. However, attempts should be made to pre-empt and prevent this kind of behaviour both by exploring possible prejudices applicants may hold prior to making an appointment and by providing appropriate in-service training.

If children discriminate against or display prejudice towards other children or adults, their behaviour should always be challenged and dealt with in an age appropriate way.

If parents or other adults associated with the child discriminate against or display prejudice towards children or other adults, this must always be challenged. Where an adult applies for or is in receipt of a service for themselves and their children but refuses to work with a particular member of staff or carer solely on the grounds of their ethnic origin, gender, disability or sexual orientation and it is clear that this refusal results from prejudice or discrimination, then the Service should be refused or withdrawn, unless this would place the child/ren in danger of significant harm.

Where the Department of Children's Social Care Services is purchasing a service for a child or their family from an individual, organisation or agency, we should ensure that they are willing and able to adhere to this policy statement, and any other relevant policy statements.

Where it is evident that other organisations or agencies with whom we have contact are behaving in ways that are prejudicial or discriminatory towards children and their families who are Children's Social Care Services users, this should be taken up as a matter of urgency at the highest necessary level.

Bradford is a multi-racial, multi-religious, multi-language and multi-cultural district. All our policies, procedures, practices and services should positively acknowledge, reflect and respect this fact.

Religion, ethnic origin, linguistic background and culture are of importance to the developing identity of all children. The following points do not purely apply to black children and minority ethnic children, except where explicitly stated, but to all children who are eligible for, or in receipt of, a service.

4.2 Religion

The right of children and their families to practice a particular religion or not religion will be respected and upheld. This principle will underpin all of our work with children and their families and has the following implications for good practice:

Children who are in care or accommodation should be looked after in placements which share the same religious background as themselves. Where, exceptionally, this cannot be achieved, carers must be willing to encourage and facilitate the child’s religious observance.
Some adolescents may express doubt about continuing their religious beliefs or practice. Whilst having due regard to their wishes and feelings, it is important that they are helped to discuss and recognise the seriousness of the choices they are making and the possible effects on their relationship with their family and community.
Staff or carers must never try to convert a child to or from a particular religion or to or from religion in general.
When a child enters care or accommodation, details of their previous level of religious observance must be obtained. Where applicable, arrangements must be made for them to attend services, religious classes or say their prayers.
Children receiving services should be enabled and encouraged to celebrate their own religious festivals and helped to understand and appreciate the festivals of other religions in the district. Knowledge and celebration of festivals need not depend on a child of that particular faith being in receipt of a service in that particular establishment.
Where there is a stipulation of diet or dress as part of religious observance, this must always be provided.
Where a religion, or sect within a religion, prohibits certain forms of medical treatment or espouses disfiguring or disabling operative treatment, a delicate balance will need to be reached between the parents’ legal rights and responsibilities towards the child and our view of the best interests of the child.

Efforts should be made by staff and carers to obtain written information concerning the health rules of the particular religion and the medical alternatives they propose. These rules should be adhered to provided they do not place the child at risk of significant harm. Where it appears that significant harm may ensue and the parents retain parental responsibility, legal advice should be sought as to the possibility of obtaining a Section 8 Order (see FA4) or an EPO (see CP3 and CP4). Where the Local Authority have parental responsibility through a Care Order, the child’s welfare will be paramount in any decisions made about health care.

4.3 Ethnic Origins

All children should be able to feel pride in their ethnic origins. This should not be on the basis of a feeling of self-affirmation and self-worth.

Many children and their families coming into contact with Children's Social Care Services will have low self-esteem, feelings of inferiority and low aspirations because of their previous experiences.

Workers and carers involved with these children and families should be sensitive to their feelings and make efforts to affirm their value and worth. Black and minority ethnic children and their families’ self esteem, aspirations and expectations will often have been further damaged and depressed by their experiences of racism. They may also feel justifiably suspicious or fearful of white organisations. It is essential that Children's Social Care Services are able to counteract rather than confirm, their fears and feelings by providing services that are sensitive to and understanding of their needs and which provide positive affirmation of their facial origins. This is likely to be achieved by:-

Making strenuous and special efforts to recruit staff and carers from minority ethnic groups, to ensure that the services we provide are based on a real understanding of the needs, background, and the effects of racism, on minority ethnic families and to provide positive role models. It is also important that Children's Social Care Services’ aspiration to be an equal opportunity employer is realised.
Ensuring that the toys, posters, works of art, games, books, music, videos etc. displayed or provided in children’s centres, residential homes, foster homes and offices are non-racist and positively reflect our multi-ethnic and multi-cultural society. The display or circulation of racist material by adults or young people is totally unacceptable.
Ensuring that where Children's Social Care Services are caring for or bringing up white children, they are helped to develop non-racist attitudes and a positive appreciation of the multi-ethnic and multi-cultural society in which they live.
Recognising that a child’s self esteem is enhanced by well groomed hair, healthy skin and attractive and fashionable clothes. This may necessitate purchasing particular skin products or using specialist hairdressers or clothing shops, or training staff or carers in particular hair or skin care. This does not constitute providing “special treats” for black children but rather puts them on an equal footing with most white children. Where a white child requires a particular product or specialist service to enhance their appearance, this should equally be provided.
Ensuring that staff or carers have appropriate information and can provide appropriate care for children suffering from or who may carry the trait of sickle-cell anaemia or thalassaemia.
Placing children in placements that share their ethnic background

4.4 Linguistic Background

Language and the ability to communicate effectively form an important part of a person’s identity and their self esteem. Good practice will recognise and accommodate the facts that:-

English will not be the first language of a considerable number of our service users and carers and some will speak no English at all. Many verbal transactions in social work services are subtle and complex and their meaning may be misunderstood or misinterpreted even by those who have a reasonable level of conversational English. It is essential, therefore, particularly where important information and expectations are being conveyed, that this is done in the service users’ or carers’ first language. This will preferably be by a member of staff who speaks their language fluently but if necessary through an approved interpreter. Children must never be used as interpreters.
Some of our service users and carers, although they may speak English, may not be literate in English. Where they are literate in a different language, important documents, and in particular signed agreements, must be translated into the language in which they are literate.
Where children who are accommodated by, or in care to, Children's Social Care Services are bilingual or multilingual or have been in the past, they should be encouraged to practice or re-learn their languages, if necessary through attending relevant classes.
Children, staff and carers should have the right to communicate with each other in the language in which they feel most confident and comfortable. Mother tongue conversation should not be treated as subversive or deviant.
Some of our service users will be hearing, speech or eyesight impaired. It is essential that appropriate arrangements are made to communicate with them through signing, Braille or large print as applicable.

4.5 Culture

In this policy document, the term culture describes the moral values, behavioural norms, lifestyle and social and artistic pursuits espoused by a family and taught to their children. A shared religious belief, ethnic background, language, history or economic background will often lead to similar cultural norms and expectations.

Culture usually has many positive aspects. It gives a pattern and predictability to life which makes children feel settled and secure. It teaches children ways to behave and a code of discipline which means they will be accepted in the wider community. It gives children a sense of history and of their “roots” and is important in forming a positive identity. It helps children gain knowledge and appreciation of musical, visual and culinary arts. We will promote and preserve children’s cultural background by:-

Not assuming, often inaccurate, cultural stereotypes but finding out from the child and his/her family what their cultural norms and expectations are.
Recognising that some children, because of negative experiences in their own family, will mistakenly see their cultural background as responsible for the treatment they have received and reject their background. Such children are likely to need counselling and reassurance that staff, carers and peers from the same background as themselves will be able to offer them positive experiences and role models.
Aiming to provide beneficial continuity, familiarity and security for children which will help them to feel positive about themselves, their background and history, given them knowledge and appreciation of their social and artistic heritage and help them feel positive about others from a different background and history.
Achieving a balance between, on the one hand age appropriate freedom and the opportunity to make choices and on the other providing protection from unhelpful peer group or media pressure. Children and young people need to be helped and to understand the likely long-term consequences of irretrievably alienating themselves from their community and cultural background.
Recognising that where a child comes from a background that has been much stricter or more restrictive than is average for a child of that age, she or he is often ill-equipped emotionally or psychologically to substitute self control for imposed control. It is not helpful to such children to suddenly and dramatically reduce their normal boundaries as they can become anxious, confused, easily exploited and out of control.
Providing children with meals that are familiar and well prepared and allowing them to hear familiar music, read familiar books and magazines, watch familiar films and programmes etc. This should not preclude them from widening their tastes and interests to include food and media from other cultures.

4.6 Gender

Girls and boys receiving a service from the Directorate should receive equal opportunities and encouragement to pursue their talents, interests and hobbies. Sexist stereotypes of behaviour must not be imposed or condoned. These principles will be achieved by:-

A wide range of activities being offered to both sexes and attempts being made to overcome peer group pressure, if it prevents a child pursuing his or her interests.
Having equal expectations that boys and girls will participate in domestic tasks.
Allowing children to choose clothes in which they feel confident and comfortable rather than expecting them to be “ladylike” or “manly” in their dress. This does not preclude reasonable expectations of cleanliness and tidiness.
Counselling all young people, regardless of gender, not to embark upon sexual relationships until they can do so maturely, without exploitation and safely. Levels of concern and criteria for action, where children are deemed to be in “moral danger” should apply equally to boys and girls. All young people have a right to information and counselling around sexual issues, including HIV.
Encouraging staff and carers to model behaviour to children that demonstrates that there are no specifically male and female roles. Whilst individual members of staff or carers will have different talents, interest and skills, the imposition or toleration of sexually stereotyped roles is not acceptable.
Some children, because of their previous experiences, may be fearful, angry or acutely self-conscious with staff, carers or other children of a particular gender. Children should be given choices and should not be pressurised to work with, or live with someone of that gender because it is deemed that this will counteract their previous negative experiences. This is unlikely to be the case until the child himself or herself feels ready to make such a relationship. Some children may be so shocked or traumatised or lacking in self-confidence that they are unable to make these choices. In such situations, staff must assess the individual child’s likely reactions based on knowledge of their past experiences and make the choice on the child’s behalf.
The toys, books, games, posters, works of art, music videos, etc. displayed or used in children’s centres, residential homes, foster homes and offices should be non-sexist and should portray positive and varied images of girls and boys. The display or circulation of sexist or pornographic material, either by adults or young people, is totally unacceptable

4.8 Sexual Orientation

A number of young people to whom we offer services will be lesbian or gay or unsure of their sexual identity. Gay or lesbian young people applying for or in receipt of our services should be able to expect acceptance by and sympathetic understanding from staff and carers of their sexual identity. This aim should apply equally to those people who express uncertainty about their identity. This aim will be achieved by:-

Recognising that gay and lesbian young people exist. Not only will they be represented amongst service users in proportion to their statistical occurrence in the population as a whole but they may be over-represented either due to family or peer group rejection or the prejudice and hostility which is causing depression and confusion. This may lead to such behaviour as self-harm or putting themselves at risk of sexual exploitation.
Heterosexist discrimination, abuse and jokes being totally unacceptable and, so far as is achievable, providing protection from such behaviour by their peers or other adults.
Making counselling available when requested by young people who may identify as gay or lesbian or are questioning their sexuality to help them with their uncertainties or feelings, develop their self-esteem or identity or to establish a lifestyle and relationships which are safe, legal and with which they should feel contented and comfortable. Gay young people may also require counselling concerning their fears, which may or may not be justified, about AIDS/HIV.

Where gay or lesbian parent applies for a service on behalf of their child or the family as a whole, his or her sexual identity will only be relevant to the assessment or service offered where it is apparent that it is presenting difficulties for the parent or child.

Where a gay or lesbian person or couple apply to foster carers, adopters or childminders, their application will be taken up in the same way as any other applicant. As with any other assessment, the quality of their relationship or their acceptance of their singleness will be considered during the assessment process in the context of the skills, experience and care they will or will not be able to offer to a child or children. It is recognised that prejudice on the part of some children or parents may make their caring task more difficult but their positive strategies for coping with and dealing with prejudice will be considered as part of the assessment.

Also see Policy and Guidelines Sexuality and Relationships for Looked After Young People and Sexual Health and Relationships for Looked After Children.

5. Recording Principles

Each of the following values is summarised below. Click on the title required.

Records must be kept of all Children
The design of records and forms must be approved
Children and their families must be informed about their records
The practitioner primarily involved should complete the record
All relevant information about children and their families must be recorded
Children and their families should be involved in the recording process
Information about children/their families should be shared with them
Managers must monitor information held in ’Confidential’ sections
Records must be legible, signed and dated
Records must be kept up to date
Records must be written in plain English and prejudice must be avoided
Records must be accurate and adequate
Managers must oversee, monitor and review records
Records should be kept securely
Removal of records must be an exceptional occurrence
Records moved to a new location must be monitored
Records must usually be retained after closure
Use of computers at home

1. Records must be kept of all Children

Each child must have his or her own case file from the point of Referral: records may be in the form of paper files and computer records; (audio or video recordings may also be kept).

Information held in electronic records must accurately reflect the corresponding information recorded within paper files.

Records held on paper may extend to more than one volume. Where more than one volume exists, the dates covered by each volume must be clearly recorded on the front cover.

2. The design of records and forms must be approved

Records and forms must be designed to fit their purpose and used consistently across the organisation.

A manager must approve the design of all records and forms before they come into use.

3. Children and their families must be informed about their records

Children and their families have a right to be informed about the records kept on them, the reasons why, and their rights to confidentiality and of access to their records.

See Principles of Confidentiality

Information must be provided in a form that children and their families will understand - in their preferred language or method of communication. An interpreter will be provided if needed

4. The practitioner primarily involved should complete the record

The practitioner primarily involved, that is the person who directly observes or witnesses the event that is being recorded or who has participated in the meeting/conversation, must complete records.

Where this is not possible and records are completed or updated by other people, it must be clear from the record which person provided the information being recorded. Preferably the originator should read and sign the record.

Records of decisions must show who has made the decision and the reasons for which it has been made.

5. All relevant information about children and their families must be recorded

The front cover of every child’s case file must be completed with details of the child’s full name, date of birth, ICS identification number and volume number.

Every child’s case file must include, at the front of the file, a basic information sheet, risk assessment, transfer/closing summary (where appropriate) and a properly maintained chronology.

Every child’s case file must include, on the inside of the front cover, a properly maintained chronology.

All other relevant contacts with children, their families, colleagues, professionals or other significant people must be recorded in the same way, i.e. who was present or seen, the relevant discussions, actions or decisions taken and by whom, and the reasons for decisions.

6. Children and their families should be involved in the recording process

Children and their families must be routinely involved in the process of gathering and recording information about them. They should feel they are part of the recording process.

They should be asked to provide information, express their own views and wishes, and contribute to assessments, reports and to the formulation of plans.

Generally, they must be asked to give their agreement to the sharing of information about them with others - but there are exceptions.

7. Information about children/their families should be shared with them

Information obtained about children and their families should be shared with them unless:

Sharing the information would be likely to result in serious harm to the child or another person, or
The information was given in the expectation that it would not be disclosed, or
The information relates to a third party who expressly indicated the information should not be disclosed.

Where information is obtained and recorded which should not be shared with the child concerned for one of the above reasons, it should be placed in the “Restricted from User” section of the child’s file and a note of the lodging of the document, together with reasons, should be recorded.

8. Managers must monitor information held in the 'Confidential' sections

Managers must monitor information held in the ‘Restricted from User’ section of files, ensuring that the reason for holding it there is valid; if not, it should be shared with the child and/or moved to another section of the file.

However, before sharing any such information, the manager must take all reasonable steps to consult the originator and take account of their views and wishes. See also Access to Case Records Procedure

9. Records must be legible, signed and dated

If possible, manual records should be typed or handwritten in black ink and all records must be signed and dated. Those completing computerised records must show their name and the date when the recording was completed.

Any handwritten records must be produced so that readers not familiar with the handwriting of the writer can read the records quickly and easily. It must be possible to distinguish the name and post title or status of the person completing the record. If there is any doubt of the identity of the writer from a signature, the name should be printed.

10. Records must be kept up to date

Records should be updated as information becomes available or as decisions or actions are taken as soon as practicable or, at the latest, within 24 hours.

Where records are made or updated late or after the event, the fact must be stated as a ‘Late Entry’ in the record, and the date and time of the entry should be included.

11. Records must be written in plain English and prejudice must be avoided

Records must be written concisely, in plain English, and must not contain any expressions that might give offence to any individual or group of people on the basis of race, culture, religion, age, disability, or sexual orientation.

Use of technical or professional terms and abbreviations must be kept to a minimum; and if there is likely to be any doubt of their meaning, they must be defined or explained.

12. Records must be accurate and adequate

Care must be taken to ensure that information contained in records is relevant and accurate and is sufficient to meet legislative responsibilities and the requirements of these procedures.

Every effort must be made to ensure records are factually correct.

Records must distinguish clearly between facts, opinions, assessments, judgements and decisions. Records must also distinguish between first hand information and information obtained from third parties.

See Confidentiality Principles

13. Managers must oversee, monitor and review records

The overall responsibility for ensuring all records are maintained appropriately rests with managers with day-to-day responsibility, delegated to other staff as appropriate.

The manager should routinely check samples of records to ensure they are up to date and maintained as required and, if not, that deficiencies are rectified as soon as practicable.

14. Records should be kept securely

All records held on children must be kept securely.

Children’s files should normally be stored in a locked cabinet, or a similar manner, usually in an office which only staff/carers have access to.

Other day-to-day records, such as Contact or Daily Records, should also be kept securely in a manner authorised by the manager.

These records should not be left unattended when not in their normal location.

15. Removal of records must be an exceptional occurrence

Paper records should not normally be taken from the location where they are normally kept.

If it is necessary to remove a record from its normal location, a manager should approve this and should stipulate or agree how long it is necessary to remove the record. The manager must also be satisfied that adequate measures are in place to ensure the security of the record(s) whilst they are removed. For example, records must never be left in unattended vehicles.

The authorisation for a record to be removed must be recorded and those who may have need to see the records should be informed of their removal. The manager must then ensure the record is returned as required/agreed.

16. Records moved to a new location must be monitored

Where records are moved to a new location, the date of transfer should be clearly recorded on ICS.

The sender should check that the records have arrived at their intended destination.

17. Records must usually be retained after closure

Files should be retained for the period set out in Retention of Documentation and Destruction of Files Procedure.

The member of staff responsible for the case when the case is closed is responsible for ensuring that the file to be retained is in good order and that unnecessary items have been removed, for example, compliment slips, duplicate copies etc.

18. Use of Computers at home

Staff using computers at home for council purposes must transfer any material to an office PC on the next working day. All material must then be deleted from their personal PC hard drive and/or floppy disc or CD.

This procedure also applies to staff using laptop computers, unless authorised by their manager to retain material for longer.

Such authorisation must only be given on a case-by-case basis and specific timescales must be recorded. Where authorisation is given, no information should be retained that can identify any service user.

6. Confidentiality Values and Principles

Each of the following values is summarised. Click on title required.

1.	Bradford’s Confidentiality Policy
2.	Confidentiality, Values and Principles
	2.1	Case Related Discussions
	2.2	Personal Information is subject to a legal duty and confidence
	2.2	Disclosure of confidential information is permitted in exceptional circumstances
	2.3	Situations where disclosure is permitted should be shared with children involved
	2.4	Information should be disclosed to colleagues and other professionals/agencies on a need to know basis
3.	Freedom of Information Act 2000

1. Bradford's Confidentiality Policy

1.1 Introduction

Bradford Council recognises its common law duties to safeguard the confidentiality of all personal information. Wherever the Council is considering disclosure of confidential information to another person or organisation, it will always check that such disclosure is lawful under the Data Protection Act (DPA).

All Council staff must be made aware that the DPA applies to the processing of all personal data, both in manual files and by electronic records on computer systems. Where disclosure is proposed, and there is any doubt as to whether the DPA applies or whether only the common law of confidentiality applies, advice will always be sought, initially from the Councils’ Data Protection Officer.

The Council will always record its reasons for deciding not to observe any duty of confidence it owes to a person who is the subject of information disclosed.

The Council has installed processes and procedures for ensuring the secure and confidential storage and transfer of personal information held about service users and others; failure by staff to observe those processes and procedures will be regarded as a disciplinary matter.

E-mail messages sent via the Internet can be intercepted, read and changed relatively easily. Consequently, Council staff will not use the Internet to pass on personal identifiable information about service users unless a secure or encrypted connection is in place.

The Council will make clear to service users who request that staff communicate with them via e-mail that the e-mail system via the Internet is not secure so there is a chance that personal information about them could leak out; service users will be asked to confirm that they are happy to proceed on that basis. If they are not, then e-mail will not be used to communicate with them.

1.2 Staff Obligations

The Council’s conditions of employment, issued as part of every employee’s contract, detail the obligations placed upon the Council staff.

Staff employed with the Council will come into contact with confidential information/data relating to the work of the Council, its clients and other staff. Staff are bound by these conditions of service to respect the confidentiality of any information that they may come into contact with which identifies clients, staff or other Council personnel and/or the business information of the Council. Under no circumstances should such information be divulged or passed to any unauthorised persons or organisations.

Any unauthorised disclosure of client information by Council staff may result in disciplinary action. This disclosure could be by phone, face-to-face or on paper. Clients who feel that confidentiality has been breached may wish to use the Children's Social Care Service Complaints Procedure. Clients have a right to be given advice about the Complaints Procedure.

Disciplinary action will be taken against an employee who is found to have breached confidentiality. Staff may also face prosecution under the Data Protection Act 1998.

All media enquiries should be referred to the Chief Executive via the press office.

Where Council staff misuse their computer information, e.g. disclose their password to someone else or use someone else’s password to gain access to systems, they could face disciplinary action that could lead to dismissal. They may also be prosecuted under the Computer Misuse Act 1990.

Managers must ensure that confidentiality is discussed with all new employees, as part of their induction. It is recommended that staff acknowledge that they have taken note of the contents of this policy.

Volunteers and work experience students must also have their role in maintaining confidentiality made clear by the member of staff responsible for them and must be aware of and adhere to this policy.

1.3 Commercial Confidentiality

Some Council staff may have access to commercial information, agreements or contracts. This information must be treated as confidential, and only discussed/disclosed where this forms part of the employee’s remit within the organisation. Staff should consult their manager if they are in any doubt.

1.4 Research, Audit and Monitoring

Access to client information or anonymous data may be sought for research, audit or monitoring purposes, either by other Council areas or by outside organisations or public bodies.

Internal requests related to research projects must be approved and a formal submission will be required.

All external requests or enquiries may need to be directed to the Data Protection Officer for clarification or Legal Services for their approval.

1.5 Public Interest, Police and Legal Enquiries

There may be a conflict between an employee’s role as a professional and as a ‘responsible citizen’. Consideration will need to be given to the ‘best interests’ not only of the client but also of other individuals or society in general. Staff should also seek advice from their manager and the Data Protection Officer/Legal Services to ensure that correct action is taken.

The Police do not have automatic rights to client information. The matter should always be referred to your manager and/or the Councils’ Data Protection Officer/Legal Services.

A formally issued Court Order directed by a Judge or other presiding officer is required in order to release information for legal proceedings. Verbal or written requests from lawyers are not sufficient. This type of request must be referred to the Council’s Legal Services.

2. Confidentiality Values and Principles

2.1 Case Related Discussions

Case related discussions which take place during professional supervision should be recorded on the ICS case record for the individual child / young person. Where decisions are made during these discussions detail of analysis and decision making processes should be clear from the case record. It is important that there is clear information which constitutes evidence of the reasons and thought processes underpinning any case decisions.

2.2 Personal Information is subject to a legal duty and confidence

Personal information held about children is subject to a legal duty of confidence and should not normally be disclosed without the consent of the subject.

The exceptions to this are set out in paragraph 2.3

The legal framework for confidentiality is contained in the common law duty of confidence, the Children Act 1989, the Human Rights Act 1998 and the Data Protection Act 1998.

2.3 Disclosure of confidential information is permitted in exceptional circumstances

Whilst the general principle is that information obtained about children must be shared with them and not with others, there are exceptions. The public interest in child protection overrides the public interest in maintaining confidentiality and the law permits the disclosure of confidential information necessary to safeguard a child or children.

Disclosure should be justifiable in each case, for example to provide information to professionals from other agencies working with the child, and where possible and appropriate, the agreement of the person concerned should be obtained.

Those working with children must make it clear that confidentiality may not be maintained if the disclosure of information is necessary in the interests of the child. Even in these circumstances, disclosure will be appropriate for the purpose and only to the extent necessary to achieve that purpose.

There may also be situations where third parties have a statutory right of access to the information or where a Court Order requires that access be given.

The circumstances in which information held in records on children and families can and should be disclosed and shared with others with or without consent are set out in the following sections.

In all other cases, where third parties such as advocates, solicitors or external researchers request access to information, this should only be given if written consent is given by the person concerned.

2.4 Situations where disclosure is permitted should be shared with children involved

Children should be informed of the circumstances in which information about them will be shared with others. It should be made clear that in each case the information passed on will only be what is relevant and on a ‘need to know’ basis.

2.5 Information should be disclosed to colleagues and other professionals/agencies on a need to know basis

Sharing information promptly with others working with the same child, or who may need to know, is invariably the key to safeguarding the child’s interests.

Therefore, relevant information about children must be shared with colleagues, other professionals or agencies that may have a role to play in their care.

However, the general principle is that information may only be shared on a ‘need to know’ basis.

For example:

Where professionals are undertaking a Child Protection Enquiry in relation to a child.
Where the Police are investigating a criminal offence or require information to help them find an Absent, missing or absconded child.
Where information is requested in the furtherance of an inquiry or tribunal, or for the purposes of a Serious Case Review.

In such circumstances the person to whom the information relates should be informed that records have been requested unless to do so would prejudice the purpose of the request.

Any objections they have should be considered before responding to the person making the request.

Where information or records are passed to others it should be noted and confirmed in writing.

Information may also be disclosed to persons who have a statutory right of access to the information, for example:

Where the Court directs that records be produced or a Children’s Guardian is appointed.
Where information is requested by Inspectors of the Commission for Social Care Inspection (who have specific statutory powers that permit access to records)

Where information is requested by telephone or electronically, great care must be taken to ensure that the recipient is entitled to receive the information requested. Where there is any doubt the information may not be provided without the approval of a Manager.

3. Freedom of Information Act 2000

The Freedom of Information Act 2000 came into force on 1 January 2005.

Under the Act anybody may request information from a public authority (which includes all local authorities). The Act confers two statutory rights on applicants:

To be informed in writing whether or not the public authority holds the information requested; and if so
To have that information communicated to him/her.

The Act applies to all information whether recent or old.

The Act sets out 23 exemptions from rights of access to information. If the information is exempt, there is no right of access under the Act.

One exemption relates to personal information. This means that an application for personal information under the Act is exempt and will not therefore be dealt with under the Act. A person’s right of access to such information must still be dealt with in accordance with the Data Protection Act 1998. The procedure is set out in Access to Case Records Procedure.

Another category relates to information provided in confidence where disclosure would involve an actionable breach of confidence. This would include information provided by a member of the public about a child protection issue where the provider has provided the information on the basis that anonymity will be maintained.

The Act therefore does not change the legal position into the principles of confidentiality set out in paragraphs 1 to 4 above in Confidentiality Values and Principles

For further details, an intranet web page has been set up

This has links to the computer based training programme “Cetis”, important links to documents and the request management system. The list of officers acting as service leads is also posted.

7. Consultation Principles

7.1 General Principles of Consultation

Everyone involved in the receipt and delivery of services should be consulted about decisions, which may affect them.

This includes children, their Advocates, their parents, other significant family members and those charged with providing the service; including managers, staff, carers and professionals or colleagues from other agencies.

This means that people’s views should be sought and taken into account in relation to all decisions, which are likely to affect their daily life and their future.

The older and more mature the child is, the more weight can and should be given to their wishes and feelings.

Unless there are exceptional circumstances, reasonable steps must be taken in all cases to consult the parents. Exceptions will include where older children with an appropriate level of maturity specifically request that their parents are not consulted and a decision is made to respect their wishes. Detailed guidance on this is set out in Consents Guidance.

Consultation should take place on a regular and frequent basis with those who need to be consulted and assumptions should not be made about the inability or lack of interest of those who should be consulted.

Where people have communication difficulties of any sort, suitable means must be provided to enable them to be consulted, including arranging access to advocates or representatives who may speak on their behalf.

Consultation should be undertaken in a creative manner.

If consultation is not possible or is restricted for whatever reason, steps should be taken to ensure those affected are informed of decisions as soon as practicable after they are made, and an explanation for the decision given, together with the opportunity to make a comment and express their views.

If it is then felt that a different decision may have been appropriate, steps should be taken to reconsider the decision.

If decisions are made against people’s wishes, they should be informed of the decision and the reasons should be explained. In these circumstances, the person should be informed of any rights they have to formally challenge the decision, and of the availability of the Complaints or Grievance Procedure.

Children should also be informed of their right to appoint an Advocate, and if an advocate is appointed, he or she must be consulted in accordance with the principles set out in this section.

7.2 Management Consultation

Unless otherwise stated in specific procedures in this manual, it is assumed that people working in this organisation will take reasonable steps to keep their managers informed of their actions; and will consult and seek their approval where they do not have decision making responsibility delegated to them.

In order to facilitate this, managers must ensure that effective lines of communication are established and maintained.

If procedures in this manual require that managers are informed within specified timescales or their approval is sought before actions are taken, this must be complied with.

7.3 Legal Consultation

It is assumed that, in following these procedures, social workers and/or their managers will seek legal advice as appropriate before taking any action and/or making decisions, which will, or may, change the legal status of a child, or decisions which do not have parental consent. This is particularly so in cases where emergency action is being considered.

In order to facilitate this, managers must ensure that effective lines of communication are established and maintained between Children's Social Care Services and the Council’s Legal Services, and that workers are aware of who may authorise contact, who may have contact and how contact should be made.

End