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Amendments

December 2017

Updated Chapters
Chapter Name Details
Care and Supervision Proceedings and the Public Law Outline Section 4.2 Case Analysis has been updated to reflect the ‘permanence provisions’ of the Care Plan added by s. 8 Children and Social Work Act 2017 (amending section 31(3B) Children Act 1989) which a court is required to consider when deciding whether to make a Care Order.
Child in Need Plans and Reviews This chapter has been updated by adding a new Section Moving to Another Authority. Information and communication is important between the respective local authorities to ensure appropriate services continue for the child and family and, where relevant, any risk of harm is recognised and identified with the receiving local authority. It should be noted that the responsibility for safeguarding and promoting the welfare of the child lies with the local authority where the child is to be found.
Decision to Look After and Care Planning Section 2.1.1 The Care Plan – Contents has been amended to reflect the additional ‘permanence provisions’ of the Care Plan (s. 8 Children and Social Work Act 2017 amends section 31(3B) Children Act 1989) which a court is required to consider when deciding whether to make a Care Order.
Permanence Planning Guidance Section 5, Assessing and Planning for Permanence, has been updated to reflect the additional ‘permanence provisions’ of the Care Plan (under s.8 Children and Social Work Act 2017 amends section 31(3B) Children Act 1989) which a court is required to consider when deciding whether to make a Care Order.
Placements with Parents This chapter has been updated to reflect that the DBS has no eligibility for a standard or enhanced check for birth parents or other adults living in the household. However, the Local Authority has a requirement under the Care Planning, Placement and Case Review (England Regulations) 2010 to obtain information about unspent convictions and cautions before placing a child back with parents.
Looked After Reviews This chapter has been amended to fully reflect the Volume 2: care planning, placement and case review guidance and regulation with respect to the circumstances as to when a Looked After Review should be brought forward. The list is not exhaustive.
Contact with Parents/Adults and Siblings Section 2, Different Types of Contact has been updated to take account of the use of mobile communication with regards to contact.
Assessment and Approvals of Foster Carers Section 8, After the Panel Recommendation has been updated to clarify the decision as to the suitability of the applicant must be made within 7 working days of receipt of the panel’s recommendation and final set of panel minutes – The Children Act 1989 Guidance and Regulations - Volume 4: 5.39 and Standard 14 (14.9) Fostering panels and the fostering service’s decision-maker.
Fostering for Adoption, Concurrent Planning and Temporary Approval as Foster Carers as Approved Prospective Adopters Section 4.1, Duty to Consider Fostering for Adoption Placement has been updated to reflect the additional consideration (added by s.9 Children and Social Work Act 2017 into the list of considerations whenever a court or adoption agency is coming to a decision relating to the adoption of a child), of the relationship which the child has with relatives, with any person who is a prospective adopter with whom the child is placed and with any other person in relation to whom the court or agency considers the relationship to be relevant.
Placement for Adoption Section 1, Planning for Permanence has been updated to reflect the additional consideration (added by s.9 Children and Social Work Act 2017 amends section 1(4)(f) of the Adoption and Children Act 2002) into the list of considerations that whenever a court or adoption agency is coming to a decision relating to the adoption of a child), of the relationship which the child has with relatives, with any person who is a prospective adopter with whom the child is placed and with any other person in relation to whom the court or agency considers the relationship to be relevant. It has also been amended to emphasise ‘procedural fairness’ as a key aspect of the adoption planning process in respect of ensuring parents are provided with information throughout, including the dates of placement/proposed changes of a child’s Status, etc. This follows the outcome of a judicial review ([2017] EWHC 1041 (Admin)). (See new Section 4.2, Procedural Fairness).
List of Agency Decision Makers, Designated Managers and Nominated Officers This information has been updated.
New Chapters and Features
Chapter Name Details
Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery This chapter should be read in conjunction with the following government guidance: Care of Unaccompanied Migrant Children and Child Victims of Modern Slavery: Statutory Guidance for Local Authorities, November 2017 - this guidance sets out the steps which local authorities should take to plan for the provision of support for Looked After Children who are unaccompanied asylum seeking children, unaccompanied migrant children or child victims of modern slavery including trafficking. Elements of this guidance will also be relevant for the care of looked after UK nationals who may also be child victims of modern slavery. It does not provide detailed guidance on steps that local authorities should take, in partnership with other agencies, to identify and protect child victims of modern slavery, including trafficking, before they become looked after.
Deprivations of Liberty

This procedure should be used by practitioners working with children and young people under the age of 18, where a deprivation of liberty may be occurring.

It applies to all social care practitioners carrying out any social care function with children who are receiving care or treatment in any setting.
A Guide to the Statutory Principles of the Mental Capacity Act 2005 and How to Apply Them in Practice A link to this guide has been added to the manual.

Next update: December 2018


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