3.4.2 Family Group Conferences |
Contents
1. Introduction
Family Group Conferencing (FGC) is a process by which family groups (birth parents, relatives and significant others i.e. friends, neighbours, other significant members of community who are involved with family) make informed and responsible decisions, recommendations and plans with regard to children and young people. Children and Young People are encouraged to participate in the decision making process This enables families to work in partnership with professional services to secure positive outcomes for children and young people.
2. Use of Family Group Conference in Specific Circumstances
- Prevention / Early Intervention - family provides support to the parents, children and young people to enable them to reside safely in their birth parents care (Staying safe-ECM).
- Rehabilitation – family provides support to the parents, children and young people to enable them to safely return to their birth parents care.
- If an application for an Emergency Protection Order or Interim Care Order has been made or a Letter before Proceedings has been issued, a referral for FGC should be considered. See Role of Social worker – prior to referral below.
- Family and Friends Care – the family are asked to identify a relative or significant other to take on the care of a child or young person for a short period of time, sometimes referred to as respite care.
- Permanent Care Arrangements – the family are asked to identify a relative(s) or significant other(s) to take on the care of a child or young person permanently if the child or young persons’ parents are not able to care for them. If this is not possible, the family are centrally involved in planning for the child’s permanent placement outside of the family i.e. Adoption.
- Stabilise Placement – families are involved in conferences with carers to develop plans around how to best support the child / young person’s placement outside the family.
3. Referral Criteria
A referral for a FGC needs to be considered and fully discussed with the family when the following circumstances apply:
- A child or young person has been accommodated under s20 of the Children Act 1989.
- When consideration is being given to care proceedings.
- When a referral is to be made to the Permanency Planning Panel for Reg 24 Placement with Family and Friends (formerly Reg 38).
- A child or young person resides with her/his parents and it appears this living arrangement is likely to break down – due to relationship issues or child protection issues.
- A child or young person is accommodated by relatives or foster carers and the accommodation has become unstable.
A referral would be considered inappropriate to proceed under the following circumstances:
- Families have refused consent to share information that is relevant for the safeguarding of children – see below.
- Families have indicated a preference for another format of decision making for the children i.e. through Court.
- Level of violence/conflict within the family is such that the risks to the participants in a FGC could not be managed. The FGC coordinator should be made aware of the risk assessment and should make the decision as to whether the risks of confrontation can be managed.
4. Consent to hold a Family Group Conference
Consent to hold a FGC must be obtained from the person with parental responsibility and the young person considered sufficiently capable to provide consent (Fraser Rule). No contact with any other family members can occur until this consent has been obtained. If a person who has parental responsibility is deemed incapable of providing consent e.g. mental illness (Mental Incapacity Act 2007) or inability to locate – consultation with Legal Services is needed.
If agreement to the referral is not given this must be fully recorded in casenotes. Both parents/carers and young person, if it is considered that the young person has the capacity to provide consent, must agree for a FGC to proceed, prior to any contact with other family members.
5. Refusal of Consent - Need to seek Legal Advice
- If consent is withheld, legal advice should be sought if the aim of the meeting is to identify “Family and Friends” or permanent care arrangements for a child.
A young person considered by the Fraser Rule as competent may wish for a Family Group Conference to be held with or without her/his parent / person with parental responsibility present. If there are difficulties in obtaining the consent of an adult with parental responsibility to proceed with the FGC in their absence, legal advice must be sought and a decision made regarding the ‘paramountcy principle’, s(1) Children Act and the best interest of the child.
6. Rights to Information
A family must be given all the information necessary for them to be able to make a safe plan for their child(ren). This includes:
- Full information about any concerns held by Wandsworth Children’s Services about the child(ren) who is/are the subject of the Family Group Conference.
- Information on relevant resources that could be used as part of a Plan, e.g. services available from Wandsworth Children’s Services, community groups and resources, diversion activities, universal services and any financial support or benefits.
Parents / carers may not agree about release of information relevant to their affairs being disclosed to the rest of the family, for example if there were concerns about a parent’s drug use, mental health, history of sexual abuse and the impact on their parenting capacity.
The Social Worker must encourage the parent / carer to allow the disclosure of this information, as without family being provided with the full information regarding the concerns, they would be unable to develop plans to address these concerns.
If the parent/carer does not agree to the sharing of this information, the FGC would not be able to proceed as the family will not be given the information to enable them to make safe plans for a child’s future.
7. Roles and Responsibilities
7.1 Role of FGC Coordinator
- Confirm consent for the FGC to proceed (from the parent / person with parental responsibility/young person).
- Confirm consent from the parent/young person for the disclosure of information pertinent to the FGC to the rest of the participants at the meeting.
- Advise the parent/carer of their right to have a support person present at the FGC i.e. cultural representative or friend, and identify any support they may need during the conference.
- Where a parent is unable or chooses not to attend the FGC, identify whether they wish to participate in the meeting in some other way.
- Identify any additional needs that the family will require to enable them to participate at the meeting, i.e. Loop system, access to building, welcoming to the meeting to occur by cultural elder etc.
- Ensure aims and objectives, questions and bottom-lines of the FGC are clearly communicated with the family.
- Identify and explore the wider family network, confirm contact details and assist them in preparing for, and attending, the FGC.
- Engage and liaise with professionals involved with the family.
- Ensure children and young people are enabled to adequately participate in the FGC at a level they are comfortable with.
- Chair the information giving stage of the FGC.
- Be available to assist the family if they choose private family time.
- Help clarify the plan with the family.
- Enable the family to feed back the plan to the Social Worker.
- Distribute the plan to all in attendance at the FGC. The plan should be sent, password protected, by email to the social worker.
- Agree time, date, venue.
7.2 Role of Family/Friends and Support Network
- To agree a plan that meets the needs of the child/young person, and addresses any concerns that have been raised. It needs to meet the ‘bottom lines’ contained in the report of the Social Worker.
- To agree contingency plans.
- To agree its part in implementation, monitoring and reviewing the plan.
During the FGC, the family may wish to decide on a different plan for the child (ren) contrary to the child’s current Care Plan. If the child is subject to either an Interim Care Order or a Care Order, the family can only recommend a plan. As the Courts will make final decisions, the Social Worker will not be able to approve the family plan.
If the child / young person is accommodated under s20 of the Children Act 1989 the family may propose a plan contrary to the Care Plan. If this results in the ending of the period of accommodation, and those with parental responsibility for the child and the Social Worker agree that this is in the child’s best interests, the plan should be agreed and the Independent Reviewing Officer informed.
Note: Family and support network members should be asked to make their own childcare arrangements where possible. Funding for a crèche worker/s must be agreed with the Team Manager prior to the FGC and they must be satisfied that there are no other reasonable alternatives.
7.3 Role of the Social Worker
Prior to referral must:
- Ensure that parents/carers and young person are fully informed of the FGC process and that they understand it is a positive alternative to Care Proceedings.
- Obtain written consent from the parents/carers and young person to convene an FGC AND to share all relevant information.
- Obtain contact details of as much of the family/child support network as possible and consent to contact each person involved. There must be at least one, and preferably several, family members or friends outside the immediate household who could be approached. This does not include individuals who have been funded to provide a service i.e. child minder.
- Provide a detailed genogram as part of the referral that takes into account the family’s racial, ethnic and cultural context and organisation.
- Consideration must be given as to whether it is appropriate to involve other adults/members of the family support network where they have already been assessed as a non-viable option on any other related or known case.
- Co-ordinate discussion/meeting of the family/child support network within a specific, agreed timescale. If this discussion/meeting is unsuccessful the reasons must be recorded in casenotes and consideration for the viability of an FGC must be discussed with the line manager.
- Where the decision is taken not to refer this must be evidenced by the Team Manager on FWi under Managers Decisions. Even where children are subject to Care Proceedings it is not a requirement to convene an FGC but it is necessary to evidence why it is not considered appropriate and any alternative action that may have been taken.
Making a referral for FGC:
- Evidence what social work activity/other agency support has already been attempted to find a solution to the family/child issues, including alternative care.
- Complete the referral form with relevant information. This information must not be “cut and pasted” where it includes detailed personal history about parents/carers and children unless it is information that is relevant to the FGC. It must include background, concerns, realistic, targeted and achievable “bottom lines” and the contingency plan if the family are unable to identify their own plan for the child.
- Before the referral is sent to Welcare it must be agreed by a Service Manager and a copy sent to the Service Manager – Children in Need. This is to ensure best value in the use of limited resources.
- If a child is the subject of a Child Protection Plan or is Looked After a copy of the referral must be sent to the CP Co-ordinator/IRO.
- Where a child or young person is the subject of Care Proceedings the social worker must provide a statement as to whether the proposed plan will be supported by the Local Authority. The Local Authority must provide a copy of the family plan to the Court (Care Matters 2006).
Following a referral for FGC:
- Inform the FGC Coordinator of any changes that occur.
- Attend the FGC and ensure there is appropriate representation for the referring team.
- To provide information to the family at the FGC and be available to answer questions – such as - clearly communicating any assessments to the family and communicating resources that the Local Authority can and cannot commit to the child / young person.
- Consider the plan developed by the family. If necessary, consult with Team Manager/ Principal Social Worker before agreeing the plan.
- Support the family to carry out the plan.
- Ensure the family plan is made available at any child protection conferences or looked after reviews for the family plan to be amalgamated into these plans.
- If the plan recommends a ’Family and Friends Care’ placement, to ensure the family member(s) are sent a referral pack within a week to confirm that within 5 working days on receipt of the pack that they are willing to consent to a viability assessment to be completed by CIN.
- Where an alternative venue is proposed by the family/FGC Co-ordinator this must be discussed and agreed as appropriate with the Social Worker and their Team Manager prior to the meeting. CSS Family Centres are available by prior arrangement with the relevant Centre Manager, and with a named person liaising to take responsibility for security / safety.
- To attend the FGC – the FGC must not be cancelled without prior agreement with the Team Manager/Service Manager.
7.4 Responsibilities of Team Manager/Principal Social Worker
- Ensure that the referral is agreed by the Service Manager and a copy sent to the Service Manager – CiN.
- Ensure Social Worker completes referral in a timely manner with appropriate information when referral criteria is met.
- To agree referral objectives and projected outcomes.
- To agree bottom-lines, questions and resources. Baselines cannot be statements about what should or should not happen where this is beyond the remit of CSS legal powers.
- Ensure allocated Social Worker, or in absence of the allocated Social Worker, a PSW or CSW attends the FGC.
- Agree the plan.
- Ensure the implementation of the FGC plan and monitoring as appropriate.
8. Legal Issues for Family Group Conferences
All arrangements and conduct of Conferences will be governed by current legislation taking into account the “paramountcy principle”.
8.1 Disclosure
If personal information needs to be shared in the conference, this should only usually be disclosed with the consent of the subject of the information.
Only in exceptional cases, such as where a child is at immediate risk, or to prevent or following commission of a crime, must this principle be overridden. Access to personal information is governed by the Data Protection Act 1998 and accompanying Guidance which must be complied with.
Legal advice must be sought if there is concern about disclosure issues.
8.2 Children’s Guardians / Solicitors attendance at FGC's
Family Group Conferences are a family processes designed to facilitate family communications and decision-making. As such, it is not consistent with this model to involve legal personnel in these processes.
If a family member wishes to include a solicitor in a FGC, the FGC Coordinator must discuss with the solicitor the reasons why their attendance has been sought and alternatives to this.
The Social Worker must ensure Guardians are informed of the referral for a FGC and ensure they are provided with a copy of the questions and bottom-lines for a FGC.
If the Guardian disagrees with any of the questions or bottom-lines for the conference, the Guardian should attempt to resolve these issues with the Social Worker and Team Manager. A Guardian should only attend a FGC if requested by the family and must not take part in private “family” time. The Coordinator must clarify with the family what role the Guardian is to play at the meeting e.g. as advocate for a child. A Guardian should never participate in private family time.
9. Making a Referral
A referral form is completed by the Social Worker. The Primary Referral objective only must be completed as follows:
- Risk of Accommodation by the Local Authority
- Child subject of a CP Plan
- Likelihood of Care Proceedings
- Child subject of an ICO
- Permanency Planning
Referrals should be sent to:
Welcare in Wandsworth
79 Trinity Road
London
SW17 7SQ
Email: fgmproject@welcare.org.uk
10. Reviews
A formal review of the family plan is not compulsory and should only be considered when necessary. The family plan can be reviewed in Team Around the Child meetings with the child’s parent/carer and the young person, where appropriate. However, where a formal review is considered necessary it must be agreed with the Service Manager – Children in Need.
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