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Amendments

June 2019

Updated Chapters
Chapter Name Details
Policy Framework, Values and Principles of Recording, Confidentiality and Consultation

This chapter has been amended to reflect HHJ Greensmith’s comments regarding M and N (Children: Local authority gathering, preserving and disclosing evidence) [2018] EWFC 40 (1 June 2018).

This guidance has also been reviewed and updated following the introduction of the General Data Protection Regulations (GDPR) and Data Protection Act 2018.
Children's Consultation and Participation The Related Guidance section has been updated to add supporting resources with regard to children’s consultation and participation.
Assessments This chapter has been revised to reflect updated guidance on Assessment in Working Together to Safeguard Children.
Death of or Serious Injury to a Child This chapter has been amended. From 29 June 2018, local authorities in England must notify the national Child Safeguarding Practice Review Panel within 5 working days of becoming aware of a serious incident.
Care and Supervision Proceedings and the Public Law Outline

This chapter has been amended to reflect HHJ Greensmith’s comments regarding M and N (Children: Local authority gathering, preserving and disclosing evidence) [2018] EWFC 40 (1 June 2018)) (see Section 9, Good Local Authority Practice During Proceedings).

Section 4.2, Case Analysis has also 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.
Electronic Recording of Meetings and Conversations This guidance has been reviewed and updated in June 2019 following the introduction of the General Data Protection Regulations (GDPR) and Data Protection Act 2018.
Access to Records / Subject Access Requests This chapter has been substantially updated and should be re-read.
Decision to Look After, Care and Placement Planning

Section 2.1, 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.

Additional information has been added in to Section 1.3, Section 20 Accommodation, in line with recent case-law.
Ceasing to Look After a Child

This chapter has been updated in line with the Children and Social Work Act 2017 and revised statutory guidance.

These changes relate to the status of ‘previously Looked After Children’. A previously Looked After Child is one who is no longer looked after in England and Wales because they are the subject of an Adoption, Special Guardianship or Child Arrangements Order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person, or has been adopted from ‘state care’ outside England and Wales.

Previously Looked After Children are entitled to support from their school through the Designated Teacher (see Section 2.5, Children Who Move into Permanency).
Permanence Planning Guidance

This chapter has been updated in line with the Children and Social Work Act 2017 and revised statutory guidance.

These changes relate to the status of ‘previously looked after children’. A previously Looked After Child is one who is no longer looked after in England and Wales because they are the subject of an Adoption, Special Guardianship or Child Arrangements Order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person, or has been adopted from ‘state care’ outside England and Wales.

Children subject to a Adoption, Special Guardianship or Child Arrangements Order are entitled to support from their school, through the designated teacher.

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.
Remands to Local Authority Accommodation or to Youth Detention Accommodation This chapter has been updated in relation to placing young people in custody, see Section 2.3, How to Request a Transfer or Placement Review.
Placement 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 (see Section 1.2, Assessment and Checks before Placement).
Looked After Reviews

This chapter has been updated to fully reflect the Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review with respect to the circumstances as to when a Looked After Review should be brought forward. The list is not exhaustive (see Section 2, Frequency of Looked After Reviews).

Section 9, The Role of the Looked After Review in Achieving Permanence for the Child has been amended to reflect the outcome of a High Court Judgement in respect of children who were subject to Section 20 and where there were concerns of significant delays in their planning for permanence. The court noted the IROs’ recognition and action over a number of reviews but acknowledged that a more robust response had been needed.
Health Care Assessments and Plans A new Section 3.5, Consent to Health Care Assessments has been added.
Assessment and Approval 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.
Leaving Care and Transition This chapter has been updated throughout and should be re-read.
Social Worker Visits to Looked After Children Section 2, Exceptions has been revised to set out more clearly the circumstances where visiting requirements differ from those set out in Section 1, Normal Frequency.
Adoption Panel This guidance has been reviewed and updated following the introduction of the General Data Protection Regulations (GDPR) and Data Protection Act 2018.
Placement for Adoption

Section 1, Planning for Permanence has been updated to reflect the additional consideration (added by section 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).
Adoption Support

This chapter has been updated in line with the Children and Social Work Act 2017 and revised statutory guidance which require schools, through the Designated Teacher for Looked After Children, to offer support to previously looked after children.

This chapter has also been updated in line with the Children and Social Work Act 2017 and revised statutory guidance which require schools, through the Designated Teacher for Looked After Children, to offer support to previously looked after children.
Adoption Reviews Section 5, The Conduct of Adoption Reviews (bullet point 1.f) has been amended to reflect the status of adopted children as being ‘previously looked after’ when considering their educational needs. A link to DfE guidance on Promoting the Education of Looked After and Previously Looked After children has also been added.
Inter-Country Adoption Section 8, Home Study has been updated to include a link to GOV.UK Benefits.
Adoption Case Records Section 3, Security, Retention and Sharing of Records has been updated in line with Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018, which provides that an adoption agency may disclose an adoption case record to another adoption agency for purposes related to either agency’s functions as an adoption agency. Further information has been added in relation to adoption records where an Adoption Order is not made.
Fostering for Adoption, Concurrent Planning and Temporary Approval as Foster Carers of Approved Prospective Adopters Section 4.1, Duty to Consider Fostering for Adoption Placement has been updated to reflect the additional consideration (added by Section 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.
Special Guardianship Orders

This chapter has been updated in line with the Children and Social Work Act 2017 and revised statutory guidance which require schools, through the designated teacher to provide support to previously Looked After Children.

A previously Looked After Child is one who is no longer looked after in England and Wales because they are the subject of an Adoption, Special Guardianship or Child Arrangements Order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person, or has been adopted from ‘state care’ outside England and Wales.
Later Life Letters This chapter has been reviewed.
Life Story Books This chapter has been reviewed.
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities

This chapter has been updated in line with the Children and Social Work Act 2017 and revised statutory guidance which require schools, through the designated teacher to provide support to previously Looked After Children.

A previously Looked After Child is one who is no longer looked after in England and Wales because they are the subject of an Adoption, Special Guardianship or Child Arrangements Order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person, or has been adopted from ‘state care’ outside England and Wales.
Unaccompanied Asylum Seeking Minors Section 2, Age Assessments has been updated with regards to in advance of undertaking an age assessment for an unaccompanied asylum seeking child, local authorities must seek Home Office assistance with verifying the authenticity of identity documents e.g. travel documents or a birth certificate. A link to the relevant contact details for local authorities was added. The statutory guidance was updated to link to the DfE 2017 Care of unaccompanied migrant children and child victims of modern slavery – statutory guidance for local authorities.
Removed Chapters
  • Transition to Adulthood - Interim Guidance for the Implementation of the Care Leavers (England) Regulations 2010.


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