Section 2 - Initial and review child protection conferences and child protection plans
Section 1 of these procedures concerns the actions of Children’s Social Care that will determine whether it is necessary for a child protection conference to be requested.
This section deals with the conferences themselves: what they do, how they operate, and how they involve professionals, children and families. It also deals with the Child Protection Plan.
There are two types of child protection conferences – Initial and Review.
2.1 The Safeguarding Unit is responsible for convening, chairing, and administering all child protection conferences.
2.2 All initial and review conferences bring together relevant professionals, family members and - where appropriate - children.
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2.3 These follow Section 47 enquiries, and take the initial decision on whether children need formal child protection plans to safeguard and promote their welfare.
2.4 In taking this decision, initial conferences will consider reports to the conference which will include: all the information available to them from the relevant agencies and from the initial assessment, the Section 47 enquiry, and the core assessment (completed or not).
2.5 A suitably experienced and qualified social work manager within Children’s Social Care will decide whether or not to convene an initial child protection conference, but a conference must be considered in the following circumstances:
- when, following a Section 47 enquiry, there is an indication that a child is suffering, or is likely to suffer, significant harm caused by any person with whom the child lives or has substantial contact. This includes failure (or likely failure) on the part of parents or carers to provide adequate protection from harm
- where, following a Section 47 enquiry, there are indications of likely significant harm to a child who is not yet born
- where there is continued or increased concern about the likelihood of significant harm despite the provision of Section 17 ‘child in need’ support services
- where a child is found to be living in a household with an adult who has been assessed to be a Risk to Children (see Section 3, paragraphs 3.33 -40 )
- where a child lives in, or is born to, a household in which resides another child in respect of whom there is a child protection plan
- when a child has moved permanently into the area and for whom there is a child protection plan
2.6 The timing of initial conferences will depend on the urgency of the case and on the time required to obtain sufficient information about the child and family. There needs to be time to adequately assess the child’s circumstances, but cases should not be allowed to drift where there are risks of significant harm. In any event, all initial conferences must take place within 15 working days of the strategy discussion, or the last strategy discussion if more than one has been held, or within 15 days of being notified that a child already subject to a child protection plan has moved into the area.
2.7 The timing of initial conferences in respect of unborn babies must occur within sufficient time prior to the birth to allow all agencies to contribute to a pre-birth assessment and achieve positive outcomes for those children. Consideration should be given, where possible, to holding the initial conference approximately three months prior to the estimated date of delivery (EDD). However, the EDD must not be the sole guide for determining the date of the conference, as this, in itself, cannot be relied upon due to a number of possible variables (e.g. drug/alcohol use, obstetric history, homelessness and other environmental factors that may bring about early delivery).
2.8 Appropriate timing of conferences allows for working in partnership with families, and gives time for a meaningful pre-birth assessment that allows all agencies, parents and other family members to be clear regarding their roles and responsibilities to the unborn child. See Appendix 4 for practice guidance on working in partnership with families where there are child protection concerns.
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2.9 Review conferences review the safety, health and development of the child against the planned outcomes set out in the child protection plan, and consider whether that plan should continue in place, be changed, or be discontinued.
2.10 The first review conference must be held within 3 months of the initial child protection conference (including where an unborn child was made the subject of a child protection plan), and all further reviews must take place at least every six months for as long as the child remains the subject of a child protection plan. Where necessary, reviews can be brought forward to address changes in the child’s circumstances.
2.11 As soon as the social worker and team Manager who were responsible for undertaking the Section 47 enquiries feel that an Initial conference may be appropriate, the social worker should complete the relevant conference request form and submit this to the Safeguarding Unit. This must be done with urgency, given the requirement that initial conferences actually take place within 15 days of the strategy discussion, and the notice that the Safeguarding Unit needs to give to those who are to be invited.
2.12 The social worker or Team Manager may consult with the Safeguarding Unit when considering whether to request a conference.
2.13 The social worker must provide comprehensive information on the request form, and must:
- clearly state why each subject child is felt to be at risk of continuing significant harm
- include full contact details of everybody who should be invited, including which family members
- state whether it is proposed that parental supporters or advocates should attend, and who these are to be
- give reasons for any proposed exclusions from the conference
- state whether children and young people are to attend the conference or, if not, how they are going to participate
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2.14 The key agencies are Children’s Social Care, Health, the Police, and Education (for school age children). All professionals who have been invited should attend conferences or send representatives from their agencies.
2.15 Those attending should only be there because they have a significant contribution to make, whether arising from their professional expertise or from their knowledge of the child or family. As a minimum, at every conference there should be representation from Children’s Social Care and from at least two other professional groups or agencies who have had direct contact with the child. However, in exceptional cases, the chair may decide to proceed where this minimum quorum is not met, and the minutes must record the reasons for this.
2.16 Social workers should be accompanied by their line manager at all initial conferences.
2.17 Professionals and agencies who are invited but, in exceptional circumstances, cannot attend must submit a written report.
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2.18 Prior to each conference, its purpose, who will be attending, and how it will operate should be explained by the social worker to the parents and any other relevant family members, and to the child where they are of sufficient age and understanding. This includes giving them written information about the conference.
2.19 The parents and children (subject to their age and understanding) should normally be invited to attend. They can bring a supporter or be offered advocacy services if they need particular support, but this must be agreed by the chair of the conference. Family solicitors can attend conferences only as supporters, and not to represent their clients.
2.20 Where a child does not want to attend, or it is deemed inappropriate by the social worker and the chair, the family’s social worker must ascertain what their wishes and feelings are and how these can be made known to the conference.
2.21 At least 24 hours before each conference, the social worker must ensure that parents and, where appropriate, children see and understand the report that they provide for the conference. They must also ensure that the family have an opportunity to meet with the chair prior to every initial conference and review conferences if appropriate, as part of the process of helping them to participate as effectively as possible.
2.22 Other professionals attending the conference also have their own responsibilities to ensure that they share relevant information with the family, discussing with the social worker beforehand any information that they feel should remain confidential, so that decisions regarding attendance and the management of the conference can be considered in advance.
See Appendix 14 for practice guidance on working in partnership with families where there are child protection concerns.
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2.23 It may be necessary, exceptionally, for the chair to exclude one or more family members or supporters from all or part of a conference against their wishes. This would apply when:
- attendance by a known, alleged or suspected perpetrator may threaten the child or otherwise place them at risk
- the child concerned wishes to attend or be heard by the conference but does not wish a family member to be present at the same time
- there is a strong risk of violence or intimidation by a family member during, or after, the conference towards a child or anybody else
- it is necessary to present information which, if shared with certain family members, might increase the risk to the child or others
- there is a high level of conflict between parties which would lead to significant distress for family members or the child, or the disruption of the conference
- legal conditions exclude specific contact between parties (e.g. bail; injunctions)
- there is ongoing criminal proceedings and the police need to exchange information without compromising the rights of the alleged offender
- a family member makes a statement that could incriminate them
- the conference needs to take legal advice
2.24 If parents are completely excluded from a conference, the social worker should ensure that their views are communicated by other means.
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2.25 The Safeguarding Unit will provide chair-persons for all conferences, and, wherever possible, the same person who chairs an initial conference will also chair any subsequent reviews of the same case.
2.26 The responsibilities of the chair include:
- meeting the child and family before each conference, to ensure that they understand the purpose of the conference and what will happen
- deciding on who should and should not attend (e.g. family members; children; observers)
- setting out the purpose of the conference to all present, determining the agenda, and emphasising the confidential nature of the occasion
- enabling all those present, and absent contributors, to make their full contribution to discussion and decision-making
- ensuring that the conference takes the decisions required of it in an informed, systematic and explicit way
- agreeing and signing-off the minutes of the conference
- being accountable to the Director of Children’s Services for the conduct of the conference
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2.27 The responsibilities of the social worker regarding conferences include:
- informing the family and child of the date of the conference, and the time and venue if they are to be invited, and establishing any transport or child-care needs
- providing the family with the standard information literature explaining the conference process
- providing a written report for the conference using the standard format, and ensuring that this is provided to the chair at least 24 hours prior to the conference. Reports to review conferences will reflect the collective view of the core group
- ensuring that the report is also shared beforehand with the parents and, where appropriate, the child.
- supporting parents and children in presenting their views, even if they are not to attend the conference. This may entail the use of written, audio or video facilities, and the provision of translation or advocacy services where there are communication difficulties
- arranging for the family to meet the chair of the conference before it starts
- providing the family with a copy of the conference minutes
2.28 See paragraphs 2.51-54 below for additional responsibilities when the social worker is the key worker for a child who is the subject of a child protection plan.
2.29 Others who are invited should:
- provide full but relevant information to the conference on their knowledge of, and insights into, the child and family, with an assessment of the capacity of the parents to safeguard the child and promote their welfare
- set these views out in a written report for the conference if they do not attend the meeting
- share such information with the family, including any written reports unless there are exceptional reasons why this would be inappropriate
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2.30 Decisions are made on the basis of all the information provided to the conference, including available evidence from existing records, the initial assessment, and the core assessment (completed or not).
2.31 Decisions and recommendations should be arrived at by a consensus of the agencies present, and any other views will be noted by the chair and recorded in the minutes. If agreement cannot be reached, the chair must decide the issue.
2.32 Parents’ and children’s views must be taken into account by the chair, but parents and children are not included in the formal decision making process.
2.33 Any agency who disagrees with a conference decision should confirm this in writing, with their reasons, to the chair within 5 working days of the conference.
2.34 The key decision that all conferences must make is whether a child is at continuing risk of significant harm.
2.35 The child is at continuing risk of significant harm if either of the following two conditions is met:
- the child can be shown to have suffered ill-treatment or impairment of health or development as a result of physical, emotional or sexual abuse or neglect, and professional judgement is that further ill-treatment or impairment are likely
OR
- professional judgement, substantiated by the findings of enquiries in this individual case or by research evidence, is that the child is likely to suffer ill-treatment or impairment of health or development as a result of physical, emotional or sexual abuse or neglect
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2.36 If this is the decision, then the child needs safeguarding through a formal inter-agency child protection plan. An initial conference draws up this plan in outline; review conferences change it if required. See paragraphs 2.42–50 below for details on the child protection plan.
2.37 If an initial or review conference decides that a child continues to be at risk of continuing significant harm, it must decide on the following:
- the category of abuse or neglect suffered – the chair must determine which category of abuse or neglect the child has suffered or is at risk of suffering. The category used must indicate the primary presenting concerns at the time the conference decides that the child should become the subject of a child protection plan. The available categories are:
- physical abuse
- emotional abuse
- sexual abuse
- neglect
- the appointment of a key worker, who will be a qualified, experienced social worker from Children’s Social Care (see paragraphs 2.51-54 below)
- the membership of a core group of professionals and family members who will develop and implement the child protection plan as a working tool
- whether/how parents and the child should attend the review conference
- what further action, in outline, is needed to complete any formal assessments, including a core assessment
- an outline child protection plan that especially identifies what needs to change in order to safeguard and promote the welfare of the child
- how the family are to be included in ongoing assessment, planning and implementation of the child protection plan
- what contingency plan will be required if agreed actions are not completed and /or circumstances change
- a date for a subsequent review conference, and under what circumstances it might be necessary to convene it before that date (e.g. if certain significant elements of the child protection plan cannot be implemented satisfactorily)
If a plan is not being implemented, the key worker must inform the chair.
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2.38 If this is the decision, then the child does not need a child protection plan.
2.39 However, ‘child in need’ services may still be required to promote their health and development, and, in these circumstances, the conference together with the family should consider the child’s needs and what further help might be needed, including inter-agency support.
2.40 If a core assessment has not been completed, it may be appropriate to complete it, subject to the family’s views and consent.
2.41 The minutes of the conference should record:
- the essential facts of the case
- a summary of the discussion, accurately reflecting contributions made
- all decisions reached, with information outlining the reasons for each
- a translation of decisions into an outline child protection plan enabling everyone to be clear about their tasks
- the nature of the child’s participation in the conference process
2.42 A copy should be sent within 15 working days of the conference to all those who attended or were invited to attend. Family members should receive their copies from the social worker, and these should exclude any record of proceedings where those family members were excluded. Children should receive a copy on the same basis, subject to their age, understanding and maturity.
2.43 All conference minutes are confidential and should not be passed by professionals to third parties without the consent of either the conference chair or the key worker. However, the police may reveal the existence of the minutes to the CPS where there are criminal proceedings. Courts dealing with care proceedings may also request sight of minutes.
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2.44 When a conference decides that a child is at risk of continued significant harm, that child must have a child protection plan.
2.45 The child protection plan is drawn up in outline at the initial conference and developed and implemented by the core group. The plan is then reviewed and, if necessary, amended at review conferences.
2.46 The content of the plan is set out in the exemplar for the Child Protection Plan (DofH 2002).
2.47 The overall aim of the plan is to ensure the child’s safety and prevent further harm, and to promote their health and development, supporting the family in achieving this where appropriate.
2.48 The plan should:
- describe the identified development needs of the child, how these should be met, and what therapeutic services may be required
- include specific, achievable, child-focused outcomes
- identify realistic strategies and specific actions by all relevant professionals and family members to achieve those outcomes
- clearly identify who is to do what and when, including agreeing who will actually see the child on a regular basis in addition to the key worker
- set out clearly the roles and responsibilities of those professionals with routine contact with the child – e.g. health visitors, GPs, teachers
- be clear about how progress will be judged – how will all parties know that the required changes have occurred?
2.49 The key worker must make every effort to ensure that the children and parents clearly understand the plan, and that they are willing to work to it.
2.50 Every member of the core group and the Safeguarding Unit must be given a copy of the child protection plan when it has been finalised by the core group after the initial conference, or amended after review conferences.
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2.51 A child should no longer be the subject of a child protection plan if:
- it is judged by a child protection review conference that they are no longer at continuing risk of significant harm. Only a review conference can take this decision
- the child is made the subject of an interim care order, a care order, or a supervision order. The Safeguarding Unit must consult with and gain the agreement of all relevant agencies, and convene a review conference if such agreement is not given by one or more agency
- the child and the family have moved permanently to another local authority area. In such cases, the receiving local authority will have been told by Children’s Social Care that the child has moved, and will convene their own initial child protection conference within 15 days of this notification. Only after the receiving local authority has decided, by this conference, whether the child still requires a child protection plan can Children’s Social Care discontinue its own child protection plan
- the child has reached 18 years of age, has died, or has permanently left the UK
2.52 When a child protection plan has been discontinued, notification must be sent by the Safeguarding Unit to - as a minimum - those agencies who were invited to attend the initial conference that led to the plan and subsequent review conferences and core groups.
2.53 Every child who is the subject of a child protection plan must have a named key worker, who will be a social worker from Children’s Social Care. This key worker also acts as the “lead professional” as defined in government guidance on inter-agency working. For further details see The Lead Professional: Manager’s Guide 2006, DfES.
2.54 The key worker is responsible for:
- making sure that the outline child protection plan drawn up at the conference is developed into a more detailed inter-agency plan by the core group
- completing any outstanding core assessments, with contributions from core group members where necessary
- acting as the lead worker for inter-agency work with the child and family
- co-ordinating the contributions from family members and other agencies to planning, carrying out, and reviewing actions to be taken
- maintaining purposeful and regular visits to the family, in line with any recommendations of the child protection plan, and including seeing the child at least every 6 weeks
- recording details of all visits, including whether bedrooms and the upstairs of the family home are seen (where necessary, as part of the child protection plan), and whether the child has been seen alone
- initiating, in consultation with other members of the core group, any appropriate action if there is any evidence of harm to the child or an increased level of risk
- notifying all agencies and the Safeguarding Unit of any changes in circumstances (e.g. changes of address, school, GP)
2.55 Where the key worker is unable to fulfil any of their duties, they must inform their line manager.
2.56 It is the responsibility of all agencies and individuals involved with the family to keep the key worker fully informed of any significant events or changes to the family’s circumstances.
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2.57 The Team Manager in Children’s Social Care has the responsibility to ensure that every child within their team who is subject to a child protection plan has an allocated key worker who is experienced and qualified to carry out child protection work in an effective manner, and is regularly supervised.
2.58 Other responsibilities of the Team Manager include:
- usually attending initial child protection conferences
- chairing every meeting of the core group, ensuring that the key worker and members of the core group implement the child protection plan
- ensuring that recording in relation to the case is complete and up to date
- reporting to their own line manager, and, where necessary, to the Safeguarding Unit any concerns with regard to the management of the case
2.59 The core group consists of the key worker, the child (if appropriate), family members, and professionals and foster carers who have direct contact with the family. Meetings must be chaired by the relevant Children’s Social Care Team Manager.
2.60 Following an initial conference, the core group must add detail to the child protection plan that has been agreed in outline, and decide on who needs to do what to deliver the plan. This will include deciding what is necessary to complete a core assessment, if this has not already been done.
2.61 Although the key worker has the lead role, all members of the core group are jointly responsible for:
- developing the child protection plan as a detailed working tool
- ensuring it is implemented
- refining the plan as needed
- monitoring progress against the planned outcomes set out in the plan
- deciding on recommendations to all review conferences
2.62 The Core group must meet within 10 working days of all initial and review child protection conferences, and no less than 10 working days prior to all review conferences so that an agreed recommendation can be made to each review conference. Within these times, the core group should meet sufficiently regularly to achieve its aim of progressing the child protection plan.
2.63 A written record of core group meetings must be kept, and these will inform the key worker’s report to the next review conference.
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2.64 The following paragraphs outline the procedure for dealing with complaints regarding any of the following aspects of a child protection conference:
- the process of the conference
- a decision that a child should be the subject of a child protection plan
- the category of harm selected by the chair
2.65 The procedure for dealing with complaints is as follows:
- the complainant must notify the conference chair in writing within 5 working days of being notified of the decisions
- the chair will determine whether the complaint can be dealt with under these procedures. If it relates to individual agencies, their performance, and the provision (or non-provision) of services the chair will pass this to the relevant agency for them to deal with in accordance with their own procedures
- if the chair is unable to resolve the complaint to the satisfaction of the complainant, they will refer it to Children’s Social Care who will convene a review group made up of senior representatives from the Local Safeguarding Children’s Board who must have had no involvement in the child protection conference under review
- the chair of the review group will inform the complainant in writing of how the complaint is to be dealt with, and the timescale for reaching decisions
- the review group will consider the information provided to the conference and establish:
- whether the inter-agency procedures have been followed, and
- whether the decision that is being complained about follows reasonably from the proper implementation of these procedures
- if the review group consider that the decision being complained about was sound, the chair will notify the complainant in writing. If the decision relates to whether the child should be the subject of a child protection plan, the letter should include the date of the review conference
- if the review group consider that the decision was not sound, the chair will ask the Safeguarding Unit to reconvene the conference, to re-consider the matter
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