SCOPE OF THIS CHAPTER
This chapter applies to arrangements for children placed in foster and residential care to have contact with their parents, anyone with Parental Responsibility who is not a parent, siblings, and any other relative, friend or person connected with the child.
For arrangements for social visits and overnight stays away with friends which staff/carers may agree, see Social Visits (Including Overnight Stays) Procedure.
NOTE: The responsible authority should review this policy (in particular the issue of sibling contact) with their local Children in Care Council and other Looked After Children.
Section 2, Different Types of Contact was updated in September 2018 to take account of the ways in which children young people use mobile communication and social networking to keep in touch with family and friends.
Derby City Council uses a Strengths Based Approach for all work with children and families.
- Approving and Planning Contact
- Different Types of Contact
- Supervised Contact
- Review of Contact Arrangements
- Cancellation, Suspension or Termination of Contact
1. Approving and Planning Contact
The responsible authority has a duty to endeavour to promote contact between the child and parents, siblings, anyone with Parental Responsibility who is not a parent, any relative, friend or other person connected with the child unless it is not reasonably practicable or consistent with the child's welfare.
For many children, relationships with members of their family, previous carers, friends and others are incredibly important. Contact can help children and young people develop their sense of identity and better understand their lives, as well as helping to support successful placements.
One of the key principles of the Children Act 1989 is the presumption that there should be continued contact between the child and their family while the child is in the care of the local authority (unless it is not reasonably practicable or consistent with the child's welfare). The responsible authority therefore has a duty to endeavour to promote contact between the child and:
- Their parents;
- Any person who is not a parent but who has Parental Responsibility for the child; and
- Any relative, friend or other person connected with the child.
Contact arrangements should be focused on, and shaped around, the child's needs. The Social Worker should, as part of the assessment process, identify those people who the child wants to maintain contact with.
During the assessment and subsequent discussions with the child the Social Worker will identify those people for whom it is important to them to maintain contact. This may include those parents or others with whom contact has been lost and consideration should be given as to how this could be re-established.
Arrangements for contact should be consistent with the child's Care Plan and must take account of any Child Protection Plan or Child Arrangements Order that may be in force. The purpose of the contact and how it will be evaluated must be made clear in the Plan. The child's welfare is the paramount consideration at all times and each child's wishes and needs for contact should be individually considered and regularly assessed and reviewed. The wishes and feelings of the child should be ascertained, wherever possible, using advocacy and communication services if necessary.
Contact between children and their parents, siblings or relevant others may only be permitted if previously agreed by the Social Worker and should be set out in the child's Placement Plan.
Both direct and indirect contact arrangements should always be clearly detailed, setting out how contact will take place, the venue, the frequency and how the arrangements will be reviewed. The use of mobile communication should also be considered.
Where contact is extended as part of a plan to gradually return the child to the parents' care, the Placement with Parents Procedure should be followed. If contact is more than 24 hours, where the plan is not to gradually return the child, a full viability assessment is required, and must be approved by the DhoS. This is inclusive of contact with parents, extended family and connected persons.
For foster carers providing short breaks, the foster carer must maintain contact as agreed in the Short Break Plan.
Maintaining contact with siblings from both the same or different parents should be prioritised. It is not always possible or appropriate to place sibling groups together, and where siblings cannot be placed together it requires the active involvement of all parties to facilitate contact between them. Independent Reviewing Officers should ensure that Looked After Reviews consider whether contact arrangements, including sibling contact in Care Plans, have been implemented and that the child is happy with the contact – both its frequency and its quality. The IRO should inform the child that they can access Advocacy Services if they have a complaint.
2. Different Types of Contact
Face to face meetings and visits will generally be the best way of maintaining relationships, but other means such as emails, text messages, video calls, and photograph exchanges etc. should be borne in mind. Responsible authorities and carers should work together to explore how electronic media can support positive relationships for children. Children should be supported to ensure they are safe online rather than this form of contact being avoided.
Carers should encourage young people to share details of how they communicate with others (which could include by mobile phone or other social networking sites and apps, as well as by using games consoles such as Xbox or Play Station) in order that they can have a discussion about how to do this safely and to offer advice on what to do if they receive messages etc which are upsetting or inappropriate.
3. Supervised Contact
The need to supervise contact should be considered as part of the assessment and planning process by the Social Worker and their Manager. It is the responsibility of the child's Social Worker to ensure that the person(s) supervising contact is appropriately skilled and experienced to do so.
This assessment must take account of all factors that could impact on the success of supervised contact and relevant safeguards including:
- Any history of abuse or threats of abuse to the child, carers, staff or others;
- Previous threats to disrupt contact or failure to cooperate with conditions agreed for supervised contact;
- Previous incidents or threats of abduction;
- Previous incidents of coercion or inappropriate behaviour during contact;
- The transient or unsettled lifestyle of the parents;
- The child's behaviour and needs, including medical needs.
Where any of the above features in the risk assessment, and supervised contact is to continue, the risk assessment must state the specific measures to be put in place to minimise risks. The assessment must then be approved and signed by the Social Worker's Team Manager.
The primary focus of the assessment of this issue will be the safety and welfare of the child.
A written risk assessment must be completed before supervised contacts begin.
Where supervised contact is deemed necessary, the reasons should be clearly recorded and the role of the supervisor or supervisors clearly defined. Detailed arrangements for the supervision must be set out in the Placement Plan.
In addition, there should be a written agreement with the parents and other relevant parties having supervised contact. The written agreement should be signed by them and should state clearly any specific conditions relating to the contact and any expectations placed on the parents or relevant parties:
- The agreement should be clear about where the contact must take place and whether any flexibility is allowed for activity or movements within or away from the agreed location;
- It should also be clear about whether the person(s) having contact are permitted to give the child food, drinks, gifts or money during contact;
- It should state clearly the circumstances in which contact will be terminated.
The agreement should state the adults who will be allowed to attend for supervised contact and supervisors should be asked to apply that strictly.
Particular attention should be given to when and how visits are ended. It may be more appropriate that all "goodbyes" take place indoors with the visitors asked to leave before supervisors return children to their placements or carers.
Significant changes to Care Plans, court proceedings and/or decisions made about the frequency of future contact are all likely to be potential tension points so extra vigilance should apply at any contacts arranged around these times.
The staff/carers and any other person involved in the supervision of the contact should have copies of the Placement Plan and the agreement with the parents or relevant adults.
Where possible, those supervising the contact should be known to the child and the family before the supervised contact takes place.
In the event of problems emerging, the supervisors must be clear who to contact and what details they will need to share.
The supervisor's observations of the contact must be clearly recorded in the child's record and shared with the parents.
The supervisor must immediately report to the Social Worker any concerns about the child or parents' conduct during the contact. The Social Worker in consultation with their Manager should consider the need to review the risk assessment and/or the contact arrangements in light of the concerns expressed.
4. Review of Contact Arrangements
The Social Worker and their Manager should keep contact arrangements, including the continuing need for supervision, under regular review.
The risk assessment in relation to the arrangements for supervising contact must be reviewed at least every 6 months, or sooner if any incident or report identifies concerns.
Where the child is the subject of a Child Protection Plan, the contact arrangements should also be reviewed as required in the Child Protection Plan.
Any significant reactions that the child has to contact should be reported to the child's Social Worker by those observing contact arrangements, for example foster carers, residential staff and/or supervisors of contact.
The contact arrangements should also be reviewed in any Placement Planning Meeting and at the child's Looked After Review.Where a Contact Order is in force and it is considered that the contact arrangements set out in the Order should be altered, the agreement of the child and the parents should be sought and legal advice should be obtained as to the need to seek a variation of the Court Order.
5. Cancellation, Suspension or Termination of Contact
Contact should never be cancelled unless there is a very good reason, e.g. it is deemed that it would not be safe for it to take place or the child / adult/sibling attending is too unwell for it to take place. Contact should take place in accordance with the child's Placement Plan, Court Order and any Court Directions.
The staff/carer should consult the child's Social Worker, or Team Manager, in advance if they consider there is a good reason to cancel the contact.
If contact is cancelled, the Social Worker or, if they are not available, the staff/carer must ensure that the child and, as far as practicable, the parent or relevant adult is informed in advance and that the reason for the decision is explained. The Social Worker or staff/carer should arrange an alternative contact.
If contact does not take place and consultation has not been possible with the Social Worker, the staff/carer must inform the child's Social Worker as soon as possible.
N.B. Contact arrangements must not be withdrawn as a sanction imposed on a child.
In relation to children placed within Derby City from another local authority, emergency restrictions on contact can only be made to protect the child from significant risk and must be notified to the Placing Authority (child's Social Worker) within 24 hours.
5.1 Suspending or Terminating Contact
Where a child is voluntarily accommodated, under Section 20, the local authority cannot suspend or terminate contact with any persons, without express agreement of the person with parental responsibility; in writing where possible. In complex scenarios please contact legal services.
Where the child is the subject of an Emergency Protection Order, Interim Care Order or full Care Order, an application to the Court for authority to terminate the contact will always be necessary if contact is to be suspended for more than 7 days. As soon as such a decision is made, Legal Services should be contacted as a matter of urgency so that the necessary court action can be initiated.
Any proposal to suspend or terminate the contact should be considered as part of the child's Looked After Review, unless the circumstances require an urgent decision to be made, in which case the Social Worker must be consulted and legal advice should be obtained.
Any such proposal should be made in the context of the overall aims and objectives of the Care Plan.
Even where it is not possible to hold a Looked After Review because of the urgency of the situation, the reasons for the proposal must be explained to the parents and to the child, and their agreement obtained if possible.
Where the proposal is to suspend the contact, the length and purpose of the suspension together with the basis upon which contact will be reinstated must be made clear.
Written confirmation of the decision made and, where relevant, the intended court application, together with the reasons, must be sent to the parents/relevant parties, child (depending on age) and any other relevant person (for example the child's advocate, an Independent Visitor or Children's Guardian). Staff/carers and other agencies involved with the child's care must also be informed.