SCOPE OF THIS CHAPTER
This chapter applies to all Children in Care, and Previously Looked After Children. It should be read in conjunction with the following government guidance documents:
Keeping Children Safe in Education (DfE) (All staff in a school or college should read Part One of the guidance)
Data Protection: A Toolkit for Schools - This guidance draws attention to the link between data protection and child protection (although data protection is broader than just child protection) and notes that personal data can relate to pupils, staff, parents and potentially others. It makes clear that UK GDPR does not prevent, or limit, the sharing of information for the purposes of keeping children safe.
Special Educational Needs and Disability Code of Practice: 0 to 25 years - Statutory Guidance for Organisations who work with and Support Children and Young People with Special Educational Needs and Disabilities (DfE / Department of Health and Social Care)
Note that different provisions apply to children who acquire Looked After status as a result of a remand to local authority accommodation or Youth Detention Accommodation. In relation to those children, please see Remands to Local Authority Accommodation or to Youth Detention Accommodation Procedure, Care Planning for Young People Remanded to Local Authority or Youth Detention Accommodation.
This chapter was updated in March 2020 to reflect Keeping Children Safe in Education 2019. Section 6, Safeguarding Children in Care at School has been amended to include reference to Upskirting (which is now a criminal offence) and serious violence.
Derby City Council uses a Strengths Based Approach for all work with children and families.
- The Personal Education Plan (PEP) for Children in Care
- When a Child First becomes Looked After
- When a Child Moves to a New Local Authority
- When a Child Needs or Joins a New School
- When a Child has No School Place
- Safeguarding Children in Care at School
- Celebrating a Child's Achievements
- When a Child is Absent from School
- School Exclusions
- When a Young Woman becomes Pregnant
- School Transport
- Children and Young People with Medical Conditions
- Mental Health
- Training for those Involved in the Care and Education of Children in Care and Previously Looked After Children
- Information Sharing
- Appendix 1: Duty to Promote the Educational Achievement of Looked After and Previously Looked After Children
- Appendix 2: The Personal Education Plan – Further Guidance
IMPORTANT NOTE: in line with guidance "Keeping Children Safe in Education" the term "must" in this chapter is for when the person in question is legally required to do something and the term "should" is used when the advice set out should be followed unless there is good reason not to.
1. The Personal Education Plan (PEP) for Children in Care
The Personal Education Plan (PEP) allows the social worker, carer and Designated Teacher for Children in Care at the child's school or, where the child has no school place, the Derby Virtual School for Children in Care (the Virtual School), in conjunction with the child, to set out what needs to happen to meet the educational needs of the child.
The local authority has got a legal duty to keep the PEP updated and relevant to child's needs, and to ensure that children and young people have a Pathway plan – the Post 16 PEP is part of the Pathway Plan.
Section 10 Care, Planning and Placement, Care Review Regs, states that the local authority should arrange, where possible, a care placement which enables the child to continue in their existing setting.
The Statutory Guidance on Promoting the Educational Achievement of Looked After and Previously Looked After Children sets out what needs to be included in PEP. PEPS need to be reviewed as part of the Looked After Review.
In Derby an ePEP system (provided by an organisation called Welfare Call) was introduced on 1 September 2015. If you require access to the ePEP system please contact the Virtual School (VS) for a username and password. If you would like further information on the ePEP, please see the Welfare Call website.
A User Guide is available for staff.
The Virtual School have produced a Model Process, Agenda and examples of targets to help social workers through their PEP responsibilities.
There are specific pages on the ePEP for the social worker, designated teacher and both parties to complete.
All Children in Care must have a Care Plan, of which the PEP is an integral part. The Personal Education Plan (pre school to age 18) should be initiated as part of the Care Plan before the child becomes Looked After (or within 10 working days in the case of an emergency placement), and be available within 20 working days for the first Looked After Review meeting.
It provides essential information to ensure that appropriate support is in place to enable the child to achieve the targets set. It is also a record of the child's leisure interests, activities and educational achievement.
Once an ePEP has been completed, the Virtual School Head has a quality assurance role and will either agree that the PEP is appropriate, agree the PEP with recommendations for the next PEP or not approve the PEP returning it to be completed to a higher standard.
Those involved in the PEP process should involve the child (according to understanding and ability) and, where appropriate, the child's parent / carer and/or relevant family member. There are specific sections in the ePEP for the child / young person to complete. If these are required in a paper format these are available in the "Virtual School Docs" section of the ePEP.
The PEP is an evolving record, and arrangements for the flow of information to develop, review and update the PEP should be in place to ensure the VSH, Designated Teacher, carer and, where appropriate, child and parent have a copy of the latest version of the document. Virtual School Heads should make arrangements for PEPs to be reviewed each school term. Further information on the targets, objectives and content of the PEP are outlined in Appendix 2 - The Personal Education Plan (PEP) – further information.
A flow chart explaining how the PEP process operates is available from the Virtual School.
Avoidance of Disruption in Education
The Virtual School Head teacher must approve of any change of placement affecting a child in Key Stage 4, except in an emergency/where the placement is terminated because of an immediate risk of serious harm to the child or to protect others from serious injury. In those circumstances, the Local Authority must make appropriate arrangements to promote the child's educational achievement as soon as reasonably practicable.
Other than in Key Stage 4, where the local authority proposes making any change to the child's placement that would have the effect of disrupting the arrangements made for education and training, they must ensure that other arrangements are made for education or training that meet the child's needs and are consistent with the PEP.
2. When a Child First becomes Looked After
As soon as a child becomes looked after (if not before), the child's social worker must notify the Virtual School where the child is placed. The Virtual School will then setup the child on the Welfare Call system. This will enable the social worker and designated teacher access to the ePEP system.
When there is a change of social worker the virtual school should be informed so that the welfare call system can be updated.
If the child is known to have an Education, Health and Care Plan (EHCP) or to be under assessment, the social worker should ensure the relevant SEN Assessment Team is informed. The local authority will need to consider if an urgent review of the EHCP is triggered by the child becoming Looked After. If the child is placed outside of the local authority, the SEND Code of Practice guidance should be followed.
The child's social worker must also inform the Designated Teacher at the child's school within 48 hours of the child becoming looked after and arrange a Personal Education Plan meeting within 10 working days in order that it is in place for the first 20 day Care Plan Review meeting. Regular liaison should then be maintained.
2.2 Pupil Premium Plus Funding
All Children in Care and Previously Looked After Children are eligible for PP+ funding. This is additional funding provided to help improve the attainment of Child in Care and Previously Looked After Children and close the attainment gap between this group and their peers. It is not a personal budget for individual children. The extra funding provided by the PP+ reflects the significant additional barriers faced by Children in Care and Previously Looked After Children. The Designated Teacher has an important role in ensuring the specific needs of Children in Care and Previously Looked After Children are understood by the school's staff and reflected in how the school uses PP+ to support these children.
The PP+ for Children in Care is managed by the VSH. However the PP+ for Previously Looked After Children is managed by the school.The PP+ is a key component in ensuring resources are available to support the child's Personal Education Plan and the plan should clarify what the support is and how it will be delivered.
2.3 The First Personal Education Plan
The first ePEP should be in place within the first 20 days of a child becoming Looked After.
The child's social worker should arrange a meeting to draw up the first ePEP which should include the Designated Teacher at the school (where the child has a school place), the residential staff/carer and any other relevant professionals; and should involve the child and parents as far as is appropriate and possible.
Where the child is excluded from school, the Head Teacher should be invited. The Advisory Teacher for Exclusions and the Derby and Derbyshire Parent Partnership Service may also be invited to attend.
Where the child has no school place, the Admissions Manager and Virtual School should be and asked to assist in the search for a school place. The SEN Assessment Team should also be asked to assist as appropriate.
The first PEP should:
- Identify the educational and social factors that may have caused, or may cause in the future, a detrimental effect on the child's educational achievement;
- Identify the support required to reduce the impact of these factors;
- Identify the child's immediate and priority needs and targets, (e.g. to maintain the current school place, make transport arrangements, find a new school, obtain short-term interim education), maintain an Education, Health and Care Plan);
- Incorporate any SEN Support Plan or other school-based plan, e.g. Multi Element Plan, Behaviour Support Plan, Connexions Action Plan;
- Identify a named person for the day to day management of the PEP and establish lines of communication between the staff/carer, school/Derby City Virtual School and social worker - the basis of a working partnership;
- Establish boundaries of confidentiality;
- Agree a date for the next PEP review meeting and how and when the next (full) PEP is going to be drawn up.
The PEP is completed on line through the Welfare Call ePEP system. Social Workers and Designated Teachers should request a username and password for Welfare Call so they can access the child's ePEP, they then each fill in their own sections. There are also questions for the child to complete throughout the PEP, either on line or separately on a printed sheet which can then be uploaded onto the system. Once the ePEP is complete it is quality assured by the Virtual School to ensure that all the information required is present and the Pupil Premium Plus requested is appropriate.
The completed PEP should be printed and distributed to the child, parents and carers if appropriate.
N.B. The provision of education for pupils with an Education, Health and Care Plan can only be changed if the child's plan has been amended at an annual review or at an emergency interim review if the child needs to move before the annual review. All efforts should be made to conduct an extended meeting with the Education Health and Care Plan Annual Review completed immediately before the PEP.
The child's social worker must ensure PEP review meetings take place on time. Notifications of upcoming PEPs and the dates are sent out automatically by the Welfare Call system.
2.4 PEP Decisions
The participants should agree what action they will each undertake to achieve the improvements in the child's education that they have identified through the consultation/preparation process.
2.5 PEP Recommendations
Proposals that would lead to significant changes in arrangements (e.g. a change of school, a request for an Education, Health or Care Needs assessment) and/or to increases in expenditure (private tuition, a jointly-funded placement) should be made in the form of recommendations to the Care Plan Review.
The child's social worker should work with the child's school between Looked After Reviews (involving the VSH if necessary) to ensure that up-to-date PEP information is fed into those reviews, and ensure that all relevant information about the child's educational progress and support needs is up-to-date and evidenced before the Looked After Review.
Where possible, and especially when the child is placed at a distance from Derby, the social worker should try to ensure that the PEP meeting and Looked After Review are planned to take place on the same day.
IROs should ensure that the PEP's effectiveness is scrutinised in sufficient detail as part of the Looked After Review and at other times if necessary. Where a child has Special Educational Needs, the IRO should ensure that the PEP review is linked with any review of those needs.
The IRO should raise any unresolved concerns about a child's PEP or education provision with social workers and the VSH.
3. When a Child Moves to a New Local Authority
If a child is placed in the area of a different local authority but continues to attend the same school as before, the procedure outlined in Section 2.3, The First Personal Education Plan applies.
If the child is to be placed in the area of a different local authority and will need a new school, efforts to obtain a school place should (unless it is an emergency placement) begin well before they move to a new placement. The relevant Education Officer and, if appropriate, the SEN adviser, should be provided with a full educational history and asked to assist in the search for a school place.
Whenever possible a child should not be moved to a new placement until they also have a school place.
Where the child does not have a school place - see Section 5, When a Child has No School Place.
Pupils with Education, Health and Care Plans (ECHP)
Where a child has an Education, Health and Care Plan, the Plan must be transferred, unless it is in the best interests of the child that the EHCP remains with the home LA. The local authority where the child is living usually holds the EHCP for the child unless they are living in a residential home, in which case their home local authority retains the EHCP. If the EHCP is being adopted by another local authority, the SEND team need to be informed immediately to let them know that a Child in Care with SEN has moved into their area and will need a school; and this will include information pertaining to any mobility issues which affect the child's ability to walk to school. It is to note that the legal responsibility for the EHCP, and associated funding, remains the responsibility of the home authority.
4. When a Child Needs or Joins a New School
The choice of school requires skilled working between relevant people. It should be based on a discussion between the child's social worker, their carers and, if appropriate, birth parents. The VSH should normally be consulted to avoid choosing a school that is unlikely to meet the child's needs. Children in Care and Previously Looked After Children have been given the highest priority within school admission arrangements. On completion of a good quality ePEP, the Virtual School will look at the information and consider whether the request for Pupil Premium Plus is appropriate. If it is agreed, the VSH will advise Derby LA finance to release the money to the school.
Schools judged by Ofsted to be 'good' or 'outstanding' should be prioritised for Children in Care and Previously Looked After Children in need of a new school. Unless there are exceptional evidence-based reasons, Children in Care should never be placed in a school judged by Ofsted to be 'inadequate'.
The child's wishes and feelings should be taken into account and the suitability of the education setting tested by arranging an informal visit with the child.
(Note: for those children who have been Previously Looked After, the parents or those who have Parental Responsibility should receive information and advice regarding this, as they will make the decision as to which school the child will attend).
Changes of school should be minimised to avoid disruption to the child's education and should not take place in the middle of a school year or in years 10 and 11, unless this is unavoidable - see Section 1, The Personal Education Plan (PEP), Avoidance of Disruption in Education. Para 1.7 Schools Admissions Code 2013, Children in Care have priority in over-subscription criteria.
School details MUST BE amended on LCS where a Child in Care is admitted to a new educational setting.
At least one member of staff in the school - the Designated Teacher or the Head Teacher - must be informed by the social worker within 48 hours that the child is Looked After. Details of Welfare Call and who to contact for a 'log in' if they have not previously used the ePEP will need to be passed to the school. The school will then be able to read any previous ePEPs online. Other members of staff who need to know should be identified at the PEP meeting, taking into account the child's wishes concerning confidentiality.
Where the child is a Previously Looked After Child, sharing of information regarding the child's status is an issue that should be discussed with the parent or person with Parental Responsibility, but impressing upon them the importance of sharing such information where it is assessed the child has educational needs as a result of being Previously Looked After, or where a previous school has supported the child on this basis.
4.2 Pupils with Education, Health and Care Plans
A change of school at any time needs the agreement of the relevant local education service maintaining the Education, Health and Care Plan. This needs to be planned for as early as possible as it can cause long delays. Derby City Virtual School and the SEN Assessment Team will be able to assist with this procedure.
The child's social worker should ensure that they are aware of the current position with regard to the Plan, including any additional support provided and by whom.
4.3 The First PEP in a new school
A meeting should be held at the new school as soon as practicable, but no later than 10 working days. The Designated Teacher, child, parent, carer, residential staff, and other relevant professionals should be invited to attend.
A new or updated PEP should be in place within the first 20 days of a child joining a new school. National guidance indicates that 3 PEPs should be carried out each year. In Derby we fulfil this by having two formal PEPs 6 months part with an interim review between these two meetings.
The first PEP in a new school should:
- Identify the child's immediate and priority needs (e.g. English as an additional language, literacy support, behaviour management, mental health issues);
- Establish contact between residential staff/carer, school staff and social worker - the basis of a working partnership;
- Identify a named person for the day to day management of the PEP and agree who contacts whom about what;
- Establish boundaries of confidentiality;
- Share important information - perhaps including the Placement Plan;
- Clarify how PP+ will be used to support the child;
- Ensure records are forwarded from the previous school and/or carer;
- Agree a date for the next PEP review meeting and how and when the next full PEP is going to be drawn up (this needs to take account of the Looked After Review cycle because the PEP has to be ready before the Care Plan Review; but also term dates, parents' evenings, school target setting days, SEN Support Plan reviews, Annual Reviews of Education, Health and Care Plans etc.).
The completed PEP should be distributed, as appropriate, to those invited to the meeting who do not have access to the electronic ePEP system.
5. When a Child has No School Place
Finding a school place is primarily the social worker's responsibility but may be delegated to, or shared with, others.
Children without a school place should still have an up-to-date ePEP. It should address immediately the child's educational needs and longer-term planning.
5.2 Children Placed within the local authority area
Where the child does not have a school place because one cannot be found, or because mainstream school is not appropriate to his or her needs, the child's social worker should notify and seek assistance from the Derby City Virtual School, Admissions and the SEN Assessment Team, as appropriate. Derby City should identify a school place within 20 working days at the latest; and should be asked to provide alternative education if a school place cannot be found immediately or is not appropriate.
5.3 Children Placed in a different local authority area
Where the child does not have a school place because one cannot be found, or the child has been placed at very short notice, the child's social worker should notify the education service in the area where the child is placed and request that a school be identified for the child as soon as possible. The assistance of Derby City Virtual School and the SEN Assessment Team should also be sought. Unless Section 5.4, Pupils with Education, Health or Care Plans applies, the education service local to the placement should identify a school place within 20 working days at the latest. If the needs of the child are such that mainstream provision is not appropriate the VS should work with the host LA to identify what alternative arrangements can be put in place to meet the needs of the child.
5.4 Pupils with Education, Health or Care Plans
Children with EHCPS fall outside the normal admission arrangements for school places.
Applications for school places for pupils with Education, Health and Care Plans should be made through the SEN Assessment Team of the local authority maintaining the Plan not directly to the school or Admissions Team. It requires the agreement of the local authority for the Plan to be amended. This needs to be planned for as early as possible as it can cause long delays.
6. Safeguarding Children in Care at School
All staff in the school should be aware of the systems in the school that support safeguarding. These systems should be explained to them as part of induction and there should be regular update training for all staff. This should include:
- The child protection policy and procedures;
- The Data Protection Act and safeguarding;
- The child behaviour policy;
- The staff behaviour policy (code of conduct);
- The safeguarding response to children who go missing from education.
All staff must report any concerns regarding Female Genital Mutilation (FGM) , and should report modern slavery, trafficking or exploitation.
 Teachers have specific legal duty 2 Under Section 5B(11) (a) of the Female Genital Mutilation Act 2003, "teacher" means, in relation to England, a person within section 141A(1) of the Education Act 2002 (persons employed or engaged to carry out teaching work at schools and other institutions in England).
6.1 Child Protection Policy and Procedures
Following induction, all staff should have read the child protection policy and have an awareness of safeguarding issues and be clear about how to report concerns and who they should report to. Staff should receive training and guidance so they can recognise signs that a child is being drawn into anti-social or criminal behaviour (including gang involvement) and understand how behaviours linked to issues such as drug taking, alcohol abuse, deliberately missing education and sexting (also known as youth produced sexual imagery) put children in danger. See also Section 6.4, Protecting looked after children from peer on peer abuse and Section 6.5, Serious Violence.
All children should feel and be safe in the school they attend. Children in Care are a vulnerable group. The aim of safeguarding and promoting the welfare of all children in education should be:
- Protecting them from maltreatment;
- Preventing any impairment of their mental and physical health or development;
- Ensuring they are growing up in circumstances consistent with safe and effective care;
- Taking action to enable them to have the best outcomes.
6.2 Data Protection and Safeguarding
NOTE: Information does not refer simply to written or electronically stored records. It also refers to other kinds of information such as biometric data (for example, use of finger prints to receive school dinners or to enter buildings).
UK GDPR does not prevent, or limit, the sharing of information for the purposes of keeping children safe. Lawful and secure information sharing between schools, Children's Social Care, and other local agencies, is essential for keeping children safe and ensuring they get the support they need.
When Designated Safeguarding Leads in schools are considering whether or not to share safeguarding information (especially with other agencies) it is considered best practice for them to record who they are sharing that information with and for what reason. If they have taken a decision not to seek consent from the data subject and/or parent/carer that should also be recorded within the safeguarding file.
All relevant information can be shared without consent if to gain consent would place a child at risk. Fears about sharing information must not be allowed to stand in the way of promoting the welfare and protecting the safety of children. As with all data sharing, appropriate organisational and technical safeguards should still be in place.
6.3 Protecting Children in Care from Adults that may pose a Risk to them and/or other Children in the School
It is essential that social workers, carers and school staff, particularly the Designated Safeguarding Lead, have absolute clarity with regard to who is and is not allowed to have access to any Child in Care.
Any suspicion regarding any adult seeking contact with the child, either in person or through social media, during school hours should be reported to the Designated Safeguarding Lead immediately.
Any member of staff who has concerns about anyone working within the school (staff, volunteers) or undertaking work on or near school premises (contractors, advisors, catering and so forth) must inform a senior member of staff immediately.
The child's social worker must then be informed and child protection procedures then followed. Staff will also need to be aware of issues such as forced marriage and FGM that may have led to some children becoming looked after.
6.4 Protecting Children in Care from Peer on Peer abuse
For further information please go to: Part 5 of KCSIE - Child on Child Sexual Violence and Sexual Harassment
All staff should be aware that safeguarding issues can manifest themselves via peer on peer abuse. This can include (but is not limited to):
- Bullying (including cyberbullying);
- Physical abuse such as hitting, kicking, shaking, biting, hair pulling, or otherwise causing physical harm;
- Sexual violence such as rape, assault by penetration and sexual assault;
- Sexual harassment such as sexual comments, remarks, jokes and online sexual harassment, which may be stand-alone or part of a broader pattern of abuse;
- Upskirting which typically involves taking a picture under a person's clothing without them knowing, with the intention of viewing their genitals or buttocks to obtain sexual gratification, or cause the victim humiliation, distress or alarm;
- Sexting (also known as youth produced sexual imagery);
- Initiating/hazing type violence and rituals.
Children in Care and Previously Looked After Children can be particularly vulnerable to individual or group bullying either in person or through social media where they can be subject to verbal and physical violence and/or sexual violence and harassment.
Girls are at significantly greater risk of sexual harassment and assault than boys. Schools and colleges should ensure that their response to sexual violence and sexual harassment between children of the same identified gender is equally robust as it is for sexual violence and sexual harassment between children of different identified genders.
Schools must have procedures in place to protect all children, but particularly vulnerable groups of children such as Children in Care, from unwanted and damaging interactions with their peers. It is important, as well, to be aware that Children in Care and Previously Looked After Children may be the perpetrators of abuse. In this case the school or college will have a difficult balancing act to consider. On the one hand to safeguard the victim (and the wider student body) and on the other hand providing the alleged perpetrator with an education, safeguarding support as appropriate and implementing any disciplinary sanctions.
6.5 Serious Violence
All staff should be aware of indicators, which may signal that children are at risk from, or are involved with serious violent crime. Indicators may include increased absence from school, a change in friendships or relationships with older individuals or groups, a significant decline in performance, signs of self- harm or a significant change in wellbeing or signs of assault or unexplained injuries. Unexplained gifts or new possessions could also indicate that children have been approached by, or are involved with, individuals associated with sexual exploitation, criminal networks or gangs.
Looked After Children are particularly vulnerable to being targeted by gangs. Carers, social workers and school staff should be proactive and share any concerns at the earliest possible time.
For further information please see:
6.6 Assisting Children in Care to reduce Risk taking Behaviour
There is a whole range of risk taking behaviours that Children in Care and Previously Looked After children could be involved in ranging from gang based activities to drug and alcohol abuse and/or radicalisation.
A child going missing from education is a potential indicator of abuse or neglect and such children are at risk of being victims of harm, exploitation or radicalisation.
School and college staff should follow their procedures for unauthorised absence and for dealing with children that go missing from education, particularly on repeat occasions, to help identify the risk of abuse and neglect, including sexual or criminal exploitation, and to help prevent the risks of going missing in future. It is essential that all staff are alert to signs to look out for, and the individual triggers to be aware of when considering the risks of potential safeguarding concerns such as travelling to conflict zones, female genital mutilation and forced marriage.
Further information about children at risk of missing education can be found in the Children Missing Education guidance.
Where necessary, the Joint Runaway and Missing from Home or Care Protocol must be followed (see Derby and Derbyshire Safeguarding Children Partnership Procedures, Documents Library)
7. Celebrating a Child's Achievements
Children's educational (and other) achievements should be acknowledged at one or more of the following times: at Looked After Reviews; in the PEP, at school-based meetings; in school reports; and after exams.
Recording a Child's Achievements
The achievement and progress of the child should be recorded within the ePEP. A child's success can be further celebrated by contacting the Virtual School. Anyone can nominate a child/young person to celebrate success in all areas of the child's life. A Certificate will be sent to the child-each time the child is nominated. They will also receive a gift voucher.
8. When a Child is Absent from School
The residential staff/carer must notify the school and the child's social worker immediately if the child does not attend school for any reason.
On a daily basis Welfare Call ask each school if the child is in school. If they are not Welfare Call will inform the Virtual School. The social worker will get an email from the Virtual School admin to inform them that a child on their caseload has been absent from school.
In any case, where the child has been absent from school for more than 10 days, the social worker should liaise with the school, the child, residential staff/carers, Virtual School and any other relevant person to address:
- The reasons for the absence;
- How to ensure the child returns to education as soon as possible;
- Whether, and how, the child can be helped to catch up on what they have missed.
Where necessary, the Joint Runaway and Missing from Home or Care Protocol should be followed.
9. School Exclusions
Head teachers should, as far as possible, avoid excluding any Child in Care or Previously Looked After Child. Exclusion from school should be a last resort for children who are looked after, therefore it is important to work with the school and carers to intervene as soon as a child's behaviour becomes a cause for concern. Where a school has concerns about a child's behaviour, the VSH should be informed and, where necessary, involved at the earliest opportunity. This is to enable the VSH, working with others, to:
- Consider what additional assessment and support (such as additional help for the classroom teacher, one-to-one therapeutic work or a suitable alternative placement) needs to be put in place to address the causes of the child's behaviour and prevent the need for exclusion;
- Make any additional arrangements to support the child's on-going education in the event of an exclusion.
In these circumstances, where the child is a Previously Looked After Child, the carer with Parental Responsibility should be advised also and the VSH should work with them to consider what additional supports etc. may be needed (as above) and advocate accordingly, but bearing in mind the carer has the main responsibility for overseeing the child's educational progress.
N.B. Where a Child in Care child is excluded from school, the child's social worker must inform the child's Independent Reviewing Officer and Derby City Virtual School.
9.1 Fixed term exclusions
Children in Care and Previously Looked After Children have disproportionately high rates of exclusion and are particularly vulnerable to the impacts of exclusions.
Where a school has concerns about the behaviour of a Previously Looked After Child which could result in the child being excluded from school, the child's parents or carers should be advised and they, and/or the school's Designated Teacher, should seek the advice of the VSH on strategies to support the child to avoid exclusion. If the child is a Child in Need (Section 17 Children Act 1989), the social worker should be made aware as soon as possible and, where appropriate, a Child in Need meeting or review convened.
Where a child is excluded from school for a fixed period, the school will provide work for the child for the first 5 days of the exclusion. The social worker must liaise with the residential staff/carers about suitable arrangements for supervising the child doing the schoolwork during the day and ensuring the child does not go out during school hours. With effect from the 6th day the school should provide a place for the child to be educated.
The school will communicate the reasons for the exclusion to the residential staff/carer, the social worker and Welfare Call by letter. The social worker should inform the parents, if appropriate.
The social worker, in consultation with the child and parents, must seek advice as to whether to appeal against the decision to exclude the child. The Virtual School, the Education Welfare Service and Derby and Derbyshire Parent Partnership Service can assist in this matter.
If the child is in primary school and receives a fixed term exclusion or is in secondary school and is excluded for more than 5 days, the social worker should ensure a reintegration meeting is held within the 5 days to discuss their return and how best this can be supported.
9.2 Permanent exclusions
When a child is permanently excluded but is remaining in the same foster or residential placement, the social worker will liaise urgently with the local education service in which the child is living to find an alternative school placement. Again, for the first 5 days of the exclusion the school will provide work and the child must not be out in public during school hours. From the 6th day the local authority in which the child is living, will arrange for a place for the child to be educated.
In the case of permanent exclusion a meeting of a committee of governors will be held within 15 days to review the decision. If the committee decides to uphold the decision to permanently exclude, an appeal can be made within 15 school days. A foster carer or anyone who has Parental Responsibility for the child can complete the Appeals form. The Virtual School, the Education Welfare Service and Derby and Derbyshire Parent Partnership Service can assist in this matter.
Exclusion from Maintained Schools, Academies and Pupil Referral Units in England: A Guide for those with Legal Responsibilities in Relation to Exclusion (see School exclusion: Statutory guidance on the exclusion of pupils from local-authority-maintained schools, academies and pupil referral units).
10. When a Young Woman becomes Pregnant
Becoming pregnant is not in itself a reason to stop attending school, nor to cease education.
Where a young woman becomes pregnant, the social worker must ensure that the young woman remains in education if at all possible and arrange for her to receive support from the education authority for the area in which she lives and/or the school she attends. The Virtual School and the Connexions Specialist Personal Advisor should be informed to help support the young woman.
In the case of a child with an Education, Health and Care Plan, transport issues should be discussed with the SEN Assessment Team.
11. School Transport
In order to maintain continuity of school, those with responsibility for school transport should be approached to provide assistance with transport. A decision will be made taking into account the child's age, SEN or any mobility issue which affects their ability to walk to school and the distance from the child's address to the nearest suitable school.
12. Children and Young People with Medical Conditions
Since 1 September 2014, governing bodies have a statutory duty to make arrangements to support pupils at school with medical conditions. The Designated Medical Officer can support schools with these duties. For more information see Supporting pupils at school with medical conditions (2014): statutory guidance from the Department for Education.
13. Mental Health
Children in Care and Previously Looked After Children are more likely to experience the challenge of social, emotional and mental health issues than their peers. For example, they may struggle with executive functioning skills, forming trusting relationships, social skills, managing strong feelings (e.g. shame, sadness, anxiety and anger), sensory processing difficulties, foetal alcohol syndrome and coping with transitions and change. This can impact on their behaviour and education.
Designated Teachers are not expected to be mental health experts; however, they have an important role in ensuring they and other school staff can identify signs of potential issues and understand where the school can draw on specialist services, such as CAMHS and educational psychologists. In addition, many schools have an officer responsible for making links with mental health services, with whom Designated Teachers can work closely. Where such an officer is available, Designated Teachers should work with them, and the VSH to ensure that they, and other school staff, have the skills to:
- Identify signs of potential mental health issues, and know how to access further assessment and support where necessary, making full use of the SENCO and local authority support team where applicable; and
- Understand the impact trauma, attachment disorder and other mental health issues can have on Children in Care and Previously Looked After Children and their ability to engage in learning. It is also important that the designated teacher and other school staff are aware that these issues will continue to affect Previously Looked After Children, and that the school will need to continue to respond appropriately to their needs.
14. Training for those Involved in the Care and Education of Children in Care and Previously Looked After Children
The VSH should ensure that there are appropriate arrangements in place to meet the training needs of those responsible for promoting the educational achievement of Children in Care and Previously Looked After Children. This includes carers, social workers, Designated Teachers and IROs.
Such training, among other things, should include information about school admission arrangements; Special Educational Needs; attendance and exclusions; homework; choosing GCSE options; managing any challenging behaviour in relation to education settings; promoting positive educational and recreational activities and supporting children to be aspirational for their future education; training and employment, and the importance of listening to and taking account of the child's wishes and feelings about education and the PEP process.
The VSH should ensure that school governing bodies understand the importance of specific professional development for, as a minimum, their senior leaders and Designated Teachers in supporting the achievement of Children in Care.
15. Information Sharing
VSHs should have access to a secure email account that enables them to exchange information securely with other VSHs in whose area they have placed children.
Arrangements for sharing reliable data must be in place, particularly in relation to the tracking and monitoring of attainment data and notifications of where children, including those placed out-of-authority, are being educated, and must set out:
- Who has access to what information and how the security of data will be ensured;
- How children and parents are informed of, and allowed to challenge, information that is kept about them;
- How carers contribute to and receive information;
- Mechanisms for sharing information between relevant local authority departments and schools;
- How relevant information about individual children is passed promptly between authorities, departments and schools when young people move. Relevant information includes the PEP, which as part of the child's educational record should be transferred with them to the new school.
Appendix 1: Duty to Promote the Educational Achievement of Looked After and Previously Looked After Children
Promoting the Education of Looked After Children
Under sections 22 (3A) and 23ZZA of the Children Act 1989 (as amended by Section 9 of the Children and Social Work Act 2017), local authorities have a duty to promote the educational achievement of Looked After, Eligible and Previously Looked After children. Section 99 of the Children and Families Act 2014 imposes a requirement for an officer to be appointed to discharge this duty - sometimes referred to as a 'Virtual School Head (VSH)'.
Previously Looked After Children are those children who are 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.
(A child is in 'state care' outside England and Wales if they are in the care of, or accommodated by, a public authority, a religious organisation or any other organisation the sole or main purpose of which is to benefit society).
Unaccompanied Asylum-Seeking Children (UASC)
UASC looked after by a local authority are entitled to the same local authority support as any other Child in Care: to have a safe and stable placement; to receive the care that they need to thrive; and the support they need to fulfil their educational and other outcomes. Some unaccompanied children who have recently arrived in the country may never have had access to education before.
Appropriate education for unaccompanied children may include a period of time in a setting where their full educational needs can be assessed and integrated into the Personal Education Plan (PEP). They may need time to be prepared for and then become used to formal education, and their initial educational outcomes may include cultural orientation and life skills appropriate to their age. Virtual School Heads, Independent Reviewing Officers, school admission officers and Special Educational Needs departments should work together to ensure that appropriate education provision for the child is arranged at the same time as a placement.
The local authority should ensure robust procedures are in place to monitor educational progress. This includes securing a culture of commitment to promoting the highest possible educational outcomes for unaccompanied children or child victims of modern slavery. Achieving and implementing the above should be monitored by a senior manager, such as the VSH, who is responsible for making sure their local authority promotes the educational achievement of its Looked After and Previously Looked After Children.
Promoting the Educational Achievement of Previously Looked After Children
Previously Looked After Children are those children who are 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.
Local authorities have a duty under section 23ZZA of the Children Act 1989 (inserted by section 4 of the Children and Social Work Act 2017) to promote the educational achievement of Previously Looked After Children in their area by providing information and advice to:
- Any person who has Parental Responsibility for the child;
- Providers of funded early years education, Designated Teachers for Looked After and Previously Looked After Children in maintained schools and academies; and
- Any other person the authority considers appropriate for promoting the educational achievement of relevant children.
The duty applies to children who are in early years' provision (secured by the local authority under section 7(1) of the Childcare Act 2006) and continues throughout the compulsory years of education where the child is in provision funded in part or in full by the state.
Role of the Local Authority, Virtual School Head (VSH), and School
Governing bodies of schools and colleges must appoint a Designated Teacher to promote the educational achievement of Looked After and Previously Looked After Children and to ensure that this person has appropriate training.
An up-to-date list of Designated Teachers should be maintained to assist with communications and assist other authorities that have placed children within the authority.
The Role of the Virtual School for Children in Care
As leaders responsible for ensuring that the local authority discharges its duty to promote the educational achievement of their Children in Care, Directors of Children's Services and Lead Members for Children's Services should ensure that:
- Top priority is given to creating a culture of high educational aspirations and that the authority strives for accelerated progress and age-related attainment or better for Children in Care;
- Children in Care have access to a suitable range of high quality education placement options and that, when commissioning services for them, the authority takes account of the duty to promote their educational achievement;
- VSHs are in place and that they have the resources, time, training and support they need to discharge the duty effectively;
- VSHs have robust procedures in place to monitor the attendance and educational progress of the children their authority looks after; and
- The authority's Children in Care Council (CiCC) regularly considers the educational experiences as reported by looked-after children and is able to respond effectively to any issues.
The VSH should be the lead responsible officer for ensuring that arrangements are in place to improve the educational experiences and outcomes of the authority's Children in Care including those placed out-of-authority.
VSHs should ensure the educational attainment and progress of children looked after by the local authority are monitored and evaluated as if those children attended a single school.
For Children in Care, the VSH should ensure that there are effective systems in place to:
- Maintain an up-to-date roll of its Children in Care who are in school or college settings, and gather information about their education placement, attendance and educational progress;
- Ensure sufficient information about a child's mental health, SEN or disability is available to their education setting so that appropriate support can be provided;
- Inform head teachers and Designated Teachers in schools if they have a child on roll who is looked-after by the VSH's local authority;
- Ensure social workers, designated teachers and schools, carers and IROs understand their role and responsibilities in initiating, developing, reviewing and updating the child's Personal Education Plan (PEP) and how they help meet the needs identified in that PEP;
- Ensure up-to-date, effective and high quality PEPs that focus on educational outcomes, and that all Children in Care, wherever they are placed, have such a PEP;
- Avoid drift or delay in providing suitable educational provision, including special educational provision, and unplanned termination of educational arrangements through proactive, multi-agency co-operation. Where this requires negotiation with other authorities this should be completed in a timely manner and with the best interest of the child as paramount;
- Ensure the educational achievement of Children in Care is seen as a priority by everyone who has responsibilities for promoting their welfare; and
- Report regularly on the attainment, progress and school attendance of Children in Care through the authority's corporate parenting structures.
For Previously Looked After Children the VSH should ensure:
- They promote their educational achievement through the provision of information and advice to their parents, educators and others who the VSH considers necessary;
- That with the Director they establish the extent of their offer to parents or those with Parental Responsibility;
- The child is eligible for support by asking the child's parents or, those who have Parental Responsibility, for evidence of their previously looked-after status (or where this is not possible, to use their discretion in conjunction with the school);
- They respond to requests for advice and information – e.g. advice on school admissions in their area and sign-post them to other services that can offer support and advice;
- They respond to requests for advice and information from providers of early education, Designated Teachers in maintained schools and academies, and providers of alternative provision in their area in respect of individual children supported by the local authority;
- They develop / build on existing good working relationship with Designated Teachers for Previously Looked After Children in their area;
- They improve awareness of the vulnerability and needs of Previously Looked After Children by providers of early education, Designated Teachers in maintained schools and academies, and providers of alternative provision in their area in respect of individual children supported by the local authority. This should include promoting good practice on identifying and meeting their needs, and guidance on effective use of the PP+.
However, it is important to note that the local authority and VSH are no longer the corporate parent for Previously Looked After Children and the VSH role in relation to these children reflects this. Any intervention in the education of a Previously Looked After Child must be with the agreement of the person(s) who have Parental Responsibility for the child. They, like all parents, are responsible for overseeing their child's progress in education.
Social workers, Virtual School Heads and Independent Reviewing Officers (IROs), school admission officers and Special Educational Needs departments should work together to ensure that - except in an emergency - appropriate education provision for a child is arranged at the same time as a care placement.
Governing bodies should ensure that appropriate staff have the information they need in relation to a child's Looked After legal status. The designated Safeguarding Lead, through the Designated Teacher for Looked After and Previously Looked After Children, should have details of the child's social worker and the name of the Virtual School Head.
A Previously Looked After Child potentially remains vulnerable, and all staff should have the skills, knowledge and understanding to keep Previously Looked After Children safe. When dealing with Children in Care and Previously Looked After Children, it is important that all agencies work together and prompt action is taken on concerns to safeguard these children, who are a particularly vulnerable group.
The Virtual School Head is integral to ensuring that local authorities discharge their duty to provide suitable advice and information for the purpose of promoting the educational achievement of Previously Looked After Children. They can also undertake any activity they consider appropriate where that activity will promote the educational achievement of such children in their area. The VSH should promote a culture that takes account of the child's views according to age and understanding in identifying and meeting their educational needs.
Appendix 2: The Personal Education Plan (PEP) – Further Guidance
The PEP should set clear objectives and targets for the child, covering the following:
- An up to date and accurate chronology of education and training history which provides a record of the child's educational experience and progress in terms of National Curriculum levels of attainment, including information about educational institutions attended and the reasons for leaving, attendance and conduct record, academic and other achievements, any special educational needs, an indication of the extent to which the child's education has been disrupted before entering care or accommodation;
- A clear statement clarifying existing arrangements for education and training, including details of any special educational provision and any other provision to meet the child's educational or training needs and promote educational achievement;
- A description of any planned changes to existing arrangements and provision to minimise disruption;
- A description of the child's extra-curricular and leisure interests;
- A description of the role of the appropriate person and any other person who cares for the child in promoting the child's educational achievements and leisure interests;
- The effective use of the Pupil Premium Plus should be discussed as part of PEP Meetings;
- Details of who will take the plan forward, with timescales for action and review are an essential aspect of all PEP planning.
Monitoring and reviewing the PEP in school
- Designated teachers should work closely with other staff in school to make sure the child's progress is rigorously monitored and evaluated. They should be able to:
- Judge whether the teaching and learning and intervention strategies being used are working to support achievement and wellbeing; and
- Know whether the young person is likely to meet the attainment targets in their PEP;
- If the young person is not on track to meet targets, the designated teacher should be instrumental in agreeing the best way forward with them in order to make progress and ensure that this is reflected in the PEP;
- A child's care plan is reviewed regularly by the authority that looks after them, the first being within 20 working days of being Accommodated. The IRO will ask about the child's educational progress as part of the overall care plan review and should have access to the most up-to-date PEP. (See Looked After Reviews Procedure).
So that there can be an informed discussion at the statutory review of the care plan about the child's progress in school, the Designated Teacher is responsible for ensuring that:
- They review the PEP before the statutory review of the care plan, it is up-to-date and contains any new information since the last PEP review, including whether agreed provision is being delivered;
- The PEP is clear about what has or has not been taken forward, noting what resources may be required to further support the child and from where these may be sourced; and
- They pass the updated PEP to the child's social worker and VSH ahead of the statutory review of the care plan.
The school and the local authority which looks after the child have a shared responsibility for helping looked-after children to achieve and enjoy. The content, implementation and review of the PEP enable both the school and local authority to discuss how they can help achieve this. The PEP review should be done through a meeting involving the social worker, the young person, carers and others, such as the VSH.
- Identify developmental and educational needs in relation to skills, knowledge, subject areas and experiences;
- Set short and long-term educational attainment targets agreed in partnership with the child and the carer where appropriate;
- Include a record of planned actions, including milestones on homework, extra tuition and study support, that the school and others will take to promote the educational achievement of the child, based on an assessment of their educational needs;
- Include information on how the child's progress is to be rigorously monitored;
- Record details of specific interventions and targeted support that will be used to make sure personal education targets are met, especially at the end of Key Stage 2 in relation to English and mathematics, and at Key Stage 4 in achieving success in public examinations;
- Say what will happen, or is already happening, to put in place any additional support which may be required - e.g. possible action to support special educational needs involving the SENCO, educational psychologist, or local authority education services (information contained within a EHC plan does not have to be duplicated in the PEP, a reference is sufficient as long as the plans work together to meet overall needs);
- Set out information on what will happen or is already happening to identify and support any mental health needs relevant to the child's education;
- Set out how a child's aspiration and self-confidence is being nurtured, especially in consideration of longer-term goals towards further and higher education, work experience and career plans. Discussions about longer-term goals should start early and ideally well before Year 9 (age 13-14) at school. High aspirations are crucial to successful planning for the future. They should focus on young person's strengths and capabilities and the outcomes they want to achieve;
- Include the child's views on how they see they have progressed and what support they consider to be most effective;
- Be a record of the child's academic achievements and participation in the wider activities of the school and other out of school learning activities (e.g. sporting, personal development);
- Provide information which helps all who are supporting the child's educational achievement to understand what works for them, helping to substitute for the role that parents might otherwise provide; and
- Have clear accountability in terms of who within the school is responsible for making the actions identified in the plan happen.