Derby logo

Derby CityChildren's Social Care Procedures

Amendments

April 2018

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.

Decision to Look After and Care Planning

Section 3.1, 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.

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.

Early Permanence Placements / Fostering for Adoption

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.

March 2018

Updated Chapters
Chapter Name Details

Families with No Recourse to Public Funds

A link has been added to information from the Project for the Registration of Children as British Citizens in relation to the responsibilities of local authorities to ensure that children in their care have effective access to specialist legal advice so their citizenship or any entitlement to citizenship is secured. See Useful Guidance section for full details.

Young Carers

This guidance has been reviewed throughout and updated as required. Links have been added the Young Carer Allocation Flowchart and to the Young Carer Additional Questions / Supplement to the SA / EHA) which should be used to supplement any Early Help or Single Assessment being undertaken in relation to a child who may need to be referred to the Young Carers Service.

Application for Special Guardianship Orders

This procedure has been reviewed and revised throughout to reflect the DfE Special Guardianship Guidance (2017).

Decision to Look After and Care Planning

This guidance has been updated to reflect the outcome of a decision of the Court of Appeal (2017) with respect to the consent requirement under s.20 of the Children Act 1989. The Court recognised that the word 'consent' does not appear in Section 20, but went on to describe the guidance given in previous case law as 'good practice guidance', emphasising its judgment should not be taken to alter the content and effect of these. (See Section 2.3.1, Obtaining Parental Consent for full details).

Looked After Reviews

This procedure has been updated to fully reflect the Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review to clarify the circumstances when a Looked After Review should be brought forward. See Frequency of Looked After Reviews.

Education of Looked After Children

Section 1, The Personal Education Plan has been updated to include a link to a guide to produced by the Virtual School which contains a Model Process, Agenda and examples of targets to help social workers through their PEP responsibilities.

Placement for Adoption

This section has been updated to emphasise 'procedural fairness' as a key aspect of the adoption planning process in respect of ensuring birth parents are provided with information throughout the process, including the dates of placement and any/proposed changes of a child's status, etc. This follows the outcome of a judicial review. See new section Procedural Fairness for full details.
New Chapters and Features
Chapter Name Details

Guidance RE: Publicity when Children are Subject to Care or Adoption Proceedings

This new guidance summarises the law around publicity when children are subject to care or adoption proceedings in the Family Court. As a general rule Children's Social Care staff cannot talk about or publish any information about care proceedings; this is important to prevent children from being identified and details about their family becoming widely known. Where a child is the subject of care/adoption proceedings, staff must not agree to anything being published that will identify the child without permission of the Court, this would include requests for publicity from the Police when a child in proceedings goes missing.

Next update: February 2018

Archive

2017 Amendments

2016 Amendments

2015 Amendments

2014 Amendments