4.3.3 Looked After Reviews

AMENDMENT

This chapter was significantly amended in October 2011 to take account of the changes in the Care Planning, Placement and Case Review (England) Regulations 2010 and should be read in its entirety.

The Purpose of Looked After Reviews
Frequency of Looked After Reviews
Chairing of Reviews
Convening and Coordinating Looked After Reviews
Invitations
The Role of the Social Worker
Contributions/Reports
Supporters
Independent Reviewing Officer's Responsibilities
The Role of the Looked After Review in Achieving Permanence for the Child
Looked After Reviews on Children who are the subject of Children Protection Plans
Recording of Looked After Reviews
Notifications
Progress Chasing of Review Decisions
Review Decisions
Monitoring or Review Decisions
Conflict Resolution

1. The Purpose of Looked After Reviews

A Looked After Review must take place before any significant change is made to the child’s Care Plan, unless that it is not reasonably practicable, including a decision to cease looking after a child.

The purpose of the Looked After Review is to:

Ensure that appropriate plans are in place to safeguard and promote the overall welfare of the Looked After child in the most effective way and achieve permanence for them within a timescale that meets their needs
To ensure plans are being progressed effectively, and to bring them to the attention of senior managers when they are not
To make decisions, as necessary, for amendments to those plans to reflect any change in circumstances
To advocate and/or get representation for children as and when appropriate when they are unhappy with the plans being made for them.
To ensure the needs of children looked after as a result of a secure remand are met
To ensure that an Eligible Young Person moving into semi-independent accommodation is ready and prepared to move on.

It is important that decisions taken at Looked After Reviews are implemented and responsibility for actions clearly defined.

The key plans that should be considered at a Looked After Review are the Care Plan, Permanence Plans, Health Plans, Pathway Plans and Personal Education Plans (definitions of these terms are contained in the Keywords Appendix).

The chairperson should also take account of the child’s Placement Plan recorded on the Placement Information Record, ensuring that they are up to date, or that arrangements are in place to update them.

2. Frequency of Looked After Reviews

2.1

Normally, Looked After Reviews should be convened at the following intervals (for children in receipt of Short Term Breaks or children placed with prospective adopters, or those where the court has granted a placement order see Section 2.2 below)

An Initial Looked After Review should be conducted within 20 days of the child becoming Looked After (BLA);
The Second Looked After Review should be conducted within three months of an Initial Looked After Review;
Subsequent Looked After Reviews should be conducted not more than six months after any previous review.
No approval will be given to any arrangement to hold a review outside of these timescales and any difficulties in convening the review within the prescribed timescales must be discussed with the social worker’s service manager and the service manager for the Independent Reviewing Unit at the earliest opportunity so that the review can be held on time.

2.2

In relation to children in receipt of Short Term Breaks, the first review takes place within three months of the first overnight stay, and subsequent reviews within 6 months.

In relation to children placed with prospective adopters, the cycle of reviews should start as if they had just started to be Looked After (with a review conducted within 28 days of the placement, after 3 months and every six months thereafter).

Transfer from another authority: when the responsibility for the care of a child is transferred to this authority from another, the cycle of reviews will again start as if the child had just started to be Looked After.

2.3

An Emergency Looked After Review should be convened in the following circumstances:

As soon as practicable where a child is moved from one Looked After Placement to another on an unplanned basis or a significant change in the circumstances of a Looked After Child suggests his/her placement is no longer appropriate.
Where the Chairperson agrees that such a review should be convened, for example, upon the request of the child, parent(s) or any other significant person.
Where significant change to the child’s Care Plan is required
Where as a result of a visit, the social worker’s assessment is that the child’s welfare is not being adequately safeguarded and promoted
Where a review would not otherwise occur before the child ceases to be detained in a YOI or secure training centre, or accommodated on remand.
Where the Local Authority proposes to cease to provide accommodation for a Looked After child

3. Chairing of Reviews

The authority has a team of Independent Reviewing Officers (IRO’s), located within the Independent Reviewing Unit.

Chairperson responsibilities are outlined in Section 9, Independent Reviewing Officer's Responsibilities.

4. Convening and Coordinating Looked After Reviews

Social workers must ensure that the Independent Reviewing Unit is informed immediately after children are Looked After, with a view to arranging the first Looked After Review; within 20 days of the placement starting and the appointment of an Independent Reviewing Officer. Generally this should be by the end of the working day following accommodation as any delay reduces flexibility about the timing of the review.

Dates for subsequent Looked After Reviews will be set by the IRO at the conclusion of each Review or as soon as practicable thereafter. If the arranged date needs to be changed for any reason, including where a change in circumstances indicate the need for an earlier review date, the social worker should gain authorization from their manager and notify and arrange this directly with the IRO concerned and the Independent Reviewing Unit will inform other participants. In the absence of the latter, contact should be made with the Team Manager or Business Support Officer of the Independent Reviewing Unit.

It is the Independent Reviewing Unit's responsibility to provide an Independent Reviewing Officer.

Should the child cease being Looked After before the Review date, the social worker must notify the IRO as soon as practicable once the decision is made that the child should return home to discuss the need for a discharge review.

Arrangements including invitations, distribution of consultation forms, arranging the venue and collating contributions will be the responsibility of the social worker.

The responsibility for making and confirming the date, time, venue, and attendees for the review lies with the social worker once the date and time has been agreed with the IRO. Invitations and consultation forms will be sent out by the Independent Reviewing Unit's Administrators team once details have been received from the social worker, at least 10 working days before the review date. If these details are not passed to the Independent Reviewing Team Administrator within this timescale, it will be the responsibility of the social worker to ensure that the invites and consultation forms are sent to all attendees.

5. Invitations

Discussion should take place between the social worker and the child (subject to age and understanding) at least 20 working days before the meeting about who the child would like to attend the meeting and where the meeting will be held.

Whenever possible the parent/carer should be included in these discussions too.

Where the child is unable to contribute to the decisions, for example because of their young age, the parents’ views should be sought.

In consultation with the child and others as above, as well as with the Chairperson, the social worker will invite the relevant people to the Review.

The following people should normally be considered:

The child, parents, carers, those with Parental Responsibility and any significant people or specialists involved in the child’s case;
The child’s carer/Keyworker and their Manager/Supervising Social Worker;
The most appropriate teacher at the child’s school( usually the Designated Teacher for Looked After Children)
A Personal Adviser, if the child is approaching his/her 16th birthday (See Leaving Care Service Procedures);
A Guardian Ad Litem if the child is in Care Proceedings
Any other person thought to be relevant e.g. current carer, health care professional, GP a representative from the Local Authority in whose area it is proposed that the child will be placed.
The officer with lead responsibility for implementing the authority’s duty to promote the educational achievement of its looked after children

A balance must be struck in relation to who the child wishes to be present and the need for information and input from the professionals and family members involved. When a child is attending a review efforts should be made to keep the number present at the Review as small as possible. It may be appropriate to request written contributions from agencies rather than invite them to attend.

Children and parents should also be informed that they can offered the opportunity to see the Chairperson separately if they wish or bring a supporter or interpreter to the Review.

The social worker must ensure that children and families have been given information about the local authorities complaints procedure. They should provide the child with details of the Children’s Rights Service or other advocacy Services who may provide support if the child requires it.

See Section 8, Supporters.

A decision not to invite a child or parent(s) to a Review should only be made in consultation with the Chairperson, prior to the Review. The decision should be recorded, together with reasons, on the review document and case file.

The social worker is responsible for ensuring participants are sent written invitations informing them of the date, venue and purpose of the Review.

Where an invited person cannot attend, the Chairperson may agree that a delegate attend instead.

6. The Role of the Social Worker

Before arrangements are agreed, the child’s social worker must discuss the purpose of the Review with the child, parents and carers and consult them about a suitable date, venue and invitations at least 20 working days before the review meeting.

The social worker must ensure that the child’s Looked After Children’s (LAC) and other case records, including the “Red File” and health and education plans are up to date, and include all records of the placement visits and the last date when the child’s sleeping accommodation was seen. Any changes in household membership need to be clearly recorded.

Often children looked after may also be subject to a Child Protection Plan or the subject of court proceedings. It is the social workers responsibility to ensure the chair has clear information of a child/young persons legal framework and associated plans. In these circumstances the timing of reviews should, where possible, allow the review to follow a Child Protection Conference. Reviews should also be arranged wherever possible to follow shortly after the Child’s Personal Education Plan to ensure that information from the PEP is up to date for the review.

It is the social workers responsibility to ensure the Independent Reviewing Officer is kept informed of any significant changes to the placement or Care Plan between reviews. For example a risk of placement breakdown or child protection concern.

The child and parent(s) should be encouraged and supported by the social worker to prepare for the Review, in writing or other ways if they wish, for example by seeing the Chairperson separately. The Chairperson should agree with the social worker how this will be achieved. This requires early consultation between the social worker and the Independent Reviewing Officer, and should be part of a thorough preparation of all the key issues for the review. This will also include the completion by the social worker of the Part 1 (Social Worker’s Report) which should be sent to the Independent Reviewing Officer not later than a week before the review.

If the child wishes to prepare a written contribution, a Looked After Children’s (LAC) Consultation Paper is designed for the purpose but the child may prepare in another way, which suits him/her.

See Section 7, Contributions/Reports.

After the Review, the social worker is responsible for updating the Care Plan within 10 working days, in relation to any changes to the Care Plan agreed at the review.

The social worker should also update the Permanence Plan,Health Plan and Personal Education Plan, and arranging for a Pathway Plan to be completed, if relevant.

The social worker should also ensure that the child’s Placement Plan (recorded on the Placement Information Record) is updated. If this record was not updated during the Looked After Review, a Placement Planning Meeting should be convened within 7 days of the Looked After Review.

7. Contributions/Reports

The social worker must ensure that Looked After Children’s (LAC) Consultation papers or other written contributions are forwarded to the Chairperson.

Where the child is placed in a foster or children’s home, the representative of the home or foster carer and/or supervising social worker should be asked to contribute a report in writing; a Looked After Children’s (LAC) Consultation Paper is designed for the purpose but a separate report may be prepared.

The following documents should be prepared and/or brought up to date in time for the review; and the social worker should agree with the Chairperson whether it is necessary to forward or distribute any of these documents before the review date:

Part 1, (Social Worker’s Report) of the Child/Young Person’s Looked After Review form
An up to date copy of the child’s Personal Education Plan and a copy of the child’s last school report.
An up to date copy of the child’s Health Plan.
A copy of the child’s most recent Placement Plan,
If relevant, a copy of the Pathway Plan
If a Child and Family Assessment has recently been undertaken before the Review, a copy of the Assessment Record;
If previously requested to do so, a completed copy of a relevant LAC Assessment and Action Record.

The child, parent(s), carers and other relevant people/agencies must be consulted as appropriate in the preparation/updating of these documents.

8. Supporters

The social worker and Chairperson should consider prior to the Review whether either the child or parent(s) would benefit from the presence of a supporter or advocate (such as a representative from the VOICE and if so, the social worker should ensure the necessary arrangements are made. A supporter may be either an advocate on behalf of the child/parent(s) or a person with specialist skills or knowledge.

It may also be necessary to make arrangements for an interpreter to attend. Special needs, for example those arising from disability, should always be considered and appropriate assistance arranged where relevant.

Any request by the child or parent(s) for their legal adviser to attend as their supporter should be notified to the Chairperson prior to the Review and arrangements made where appropriate for the attendance at the Review of a local authority legal adviser.

9. Independent Reviewing Officer's Responsibilities

The IRO’s role is to chair Looked After Reviews and monitor the appropriateness of the Care Plan (on an ongoing basis including whether any safeguarding issues arise), it’s implementation and to establish whether the milestones set out in the plan are being achieved in a timely way.

In relation to their role at reviews a key task for Independent Reviewing Officer’s is to ensure that the review process, and particularly the review meetings, remain child and family centred. More than one meeting may be required to ensure the views of relevant people inform the review without the meeting becoming too large. For example it may be appropriate to hold a professionals meeting prior to a review meeting to elicit information and views. A great deal of work will take place in other forums however the review chair must ensure that information which affects the current placement and the overall care plan should be brought back into the review process for decision making.

The IRO should consult the child about the Care Plan at each review and at any time that there is a significant change to the Care Plan. The IRO should meet the child before the first Looked After Review and arrange to meet the child as appropriate in advance of subsequent Looked After Reviews.

The IRO is responsible for ensuring that all relevant people, including the child and parents, understand the purpose of the Review and have been given appropriate opportunities to contribute and express their views. Any differences of opinion should be recorded in the review document and file. These should be referred to the social worker’s line manager for possible resolution. Where participants’ views are not followed, an explanation of the reasons why needs to be provided by the IRO or the social worker.

If the parent(s) or the child brings a supporter, the IRO will need to explain his or her role, ensuring that the supporter understands that he or she may clarify information but may not cross-examine any contributor.

The agenda for each Review will be agreed at the beginning of the meeting and each participant will be invited to contribute their own items to the agenda and have the opportunity to contribute to the discussion.

Each Review should set a date for the next Review.

The IRO may adjourn a review meeting once, for not more than 20 working days, if not satisfied that sufficient information has been provided by the Local Authority to enable proper consideration of any of the factors to be considered.

The IRO should consider the effects on the child of delaying the meeting, and seek the wishes and feelings of the child, carer and parents where appropriate.

No proposal under consideration at the adjourned review can be implemented until the review has been completed.

It will be necessary for the Chairperson to ensure decisions are clear and establish who is responsible for action and the timescales agreed for completion. The Chairperson should ensure that the following are considered and accounted for during the Review:

The effect of any change in the child’s circumstances since the last review, any change made to the Care Plan, whether decisions taken at the last review have been successfully implemented and if not the reasons;
Whether any change should be sought in the child’s legal status
Whether there is a plan for permanence
Arrangements for contact/whether there is any need for changes to the arrangements in order to promote contact between the child and parents/other Connected Persons
Whether the placement continues to be the most appropriate available, whether any change to the placement agreement or any other aspect of the arrangements is likely to become necessary before the next review;
The child’s educational needs, progress and development and whether any change is likely to become necessary or desirable before the next review, including consideration of his/her most recent assessment of progress and development; whether the arrangements are meeting the child’s educational needs; whether the child has a Personal Education Plan (PEP) and whether its content provides a clear framework for promoting educational achievement
The child’s leisure interests and activities and whether the arrangements are meeting his/her needs
The child’s health report, and whether any change in health care arrangements is likely to be necessary or desirable before the next review; whether the content of the Health Plan provides a clear framework for promoting the child’s health; whether the arrangements are meeting the child’s health needs
Whether the child’s needs related to identity are being met and whether any change is required having regard to the child’s religious persuasion, racial origin and cultural background
Whether the arrangements for advice, support and assistance continue to be appropriate and understood by the child
Whether any arrangements need to be made for the time when the child will no longer be looked after
The child’s wishes and feelings and the views of the IRO about any aspect of the case and in particular about any changes made since the last review or proposed to be made to the Care Plan; whether the plan fulfils the duty to safeguard and promote the child’s welfare and whether it would be in the child’s interests for an Independent Visitor to be appointed
Where the child is placed with parents before an assessment is completed, the frequency of the social worker’s visits

Where there is evidence of poor practice, the Independent Reviewing Officer, in consultation with their manager, will consider what action is needed to bring this to the attention of the relevant and appropriate line managers. See Section 16, Monitoring of Review Decisions.

It is also the Independent Reviewing Officer's responsibility to focus on problem resolution. In cases where the Independent Reviewing Officer identifies poor practice or corporate parenting issues they will negotiate with the local authority management up to the most senior level. See Section 16, Conflict Resolution.

If all such methods of problem resolution prove unsuccessful and there is a danger of the child's human rights being breached, the Independent Reviewing Officer will consider whether to refer a case to CAFCASS to bring legal proceedings.

10. The Role of the Looked After Review in Achieving Permanence for the Child

The Chairperson must check that the child’s Care Plan includes a Permanence Plan with measurable milestones and a Contingency Plan should the preferred plans not materialise.

At the second Looked After Review, there is a requirement to focus on requirement for the Care Plan to provide a permanent plan for the child within a timescale which is realistic, achievable and meets the child’s needs.

If it is considered that the chosen avenue to permanence is not viable, the Chairperson should ensure that the social worker convenes a planning meeting as a matter of urgency to consider the most appropriate permanent alternative.

At the third Looked After Review there will be a need for a Contingency Plan to be made where a Permanence Plan has not been achieved. For example where a plan for rehabilitation of the child has not been achieved, the Review should establish the reasons for this and whether the lack of progress there are valid child-centered reasons, which are properly recorded and endorsed by the social worker’s manager. No further rehabilitation plan should be recommended unless there are exceptional reasons justifying such a plan or where further assessment is specifically directed by the Court. In this case, the Contingency Plan must include the active pursuit of an alternative placement for the child.

All subsequent Reviews should review the progress and validity of the Permanence Plan.

11. Looked After Reviews on Children who are the subject of Children Protection Plans

Where a looked after child remains the subject of a Child Protection Plan, there should be a single planning and reviewing process, led by the IRO, leading to the development of a single plan.

Consideration should be given to the IRO chairing the Child Protection Conference where a looked after child remains subject to a Child Protection Plan. Where that is not possible, it will be expected that the IRO will attend the Child Protection Review Conference.

The timing of the review of the child protection aspects of the Care Plan should be as in Section 2, Frequency of Looked After Reviews, above.

The Looked After Review, when reviewing the child protection aspects of the plan, should consider whether the criteria continue to be met for the child to remain the subject of a Child Protection Plan.

Consideration must be given to ensuring that the multi-agency contribution to the review of the Child Protection Plan is addressed within the review of the Care Plan.

12. Recording of Looked After Reviews

The Independent Reviewing Officer will complete the LAC Review of Arrangement Record. A written record of the decisions and recommendations will be completed and circulated within 5 working days of the review the Independent Reviewing Officer will complete Sections 5 (Record of Discussion) and 6 (Review of Decisions) of the LAC Review of Arrangement Record.

The form will be sent to the social worker to check for any factual errors and then returned to the Independent Reviewing Officer. This should also be sent to the designated senior manager who will consider the decisions made at the review.

All review documents will be attached to electronic records. The full written document should be completed and distributed within 15 working days. In cases where there is a delay, for example unforeseen sickness the Independent Reviewing Officer or the social worker must ensure that copies of the decisions are distributed until the document is available.

The social worker must advise the Team Administrator which people should receive copies (see Section 12, Notifications). The Team Administrator should indicate that copies have been sent by ticking the relevant box in question 28 and putting the date on which papers were sent out, this should be done within 20 working days of the completion of the review.

When sending out copies of Sections 4, 5 and 6 it is advisable to send them with a copy of the front sheet of the Review form.

An approved and completed form should be placed on the electronic file and signed off by the appropriate line manager. An approved, completed and signed copy should be kept on the paper file in line with statutory requirements. The following should be attached to the electronic or paper file as appropriate;

the written reports of the consultation exercise.
any written reports submitted to the review.
copy of the agenda
Assessment and Action record.

All review forms need to be seen and approved by the designated Reviewing Officer, and the final document held on file.

Where the child is subject to a Child Protection Plan, the Safeguarding Manager will be notified.

The decisions should have any identifying details removed as necessary, for example, exceptionally, the address of the placement.

Where parents do not attend the review/part of the meeting and contribute their views in some other manner, a discussion should take place between the social worker and the IRO as to whether it is in the child’s interest for the parents to receive a full record of the review, and if not, what written information should be sent to them. Examples of where this should be a consideration are where there is ‘no contact order’ or supervised contact only.

13. Notifications

The following must be sent out not more than 15 days of the review taking place. It is the responsibility of the Social Worker to send out the written notification to the relevant people. The social worker’s role is to inform the Social Worker of which person is to receive notification and what that notification is to consist of (e.g. the whole review form, or parts of it etc.)

13.1 Child and Parent(s)

The social worker must arrange for written notification of the outcome of the review meeting to be sent to the child and parents. This notification will normally consist of a copy of Sections 4 (Issues for Discussion), 5 (Record of Discussion) and 6 (Review Decisions) of the review form although in some cases it might be more appropriate, For example in situations which identifying information needs to be keep confidential. To send a letter which contains:

A clear summary of the decisions and recommendations;
A statement of who is responsible for implementing particular decisions and time scales
The written notification should always be supplemented by a verbal explanation by the social worker. The written notification should be translated into the parents’ preferred language if they are unlikely to understand written English adequately.
Where appropriate the written notification to parents and children/young people should be accompanied by a copy of the Department’s complaints leaflet.
When children/young people are sent key documents such as review forms, they should be encouraged to keep them in a safe place.

13.2 The Carer

The carer should be sent a copy of the whole review form

13.3 Others

Other persons who attended the review meeting or have a legitimate interest will also need to be sent written notification, but only that information which they need to know should be given.

For some people closely involved in the child’s case (e.g. school in some circumstances) it might be appropriate to send Sections 4, 5 and 6 of the Review form (Issues for Discussion, Record of Discussion, Review Decisions). For others it might be more appropriate for the social worker to send a letter with specific information.

14. Progress Chasing of Review Decisions

The Independent Reviewing Officer will be responsible for checking that the local authority has taken steps to implement recommendations and changes to the care plan arising from the review meeting. In some cases, there will be a clear and valid reason for some actions not to take place; the IRO must ensure that the review considers the outcome of these actions.

Where the Reviewing Officer is concerned about delay in progressing the relevant plans for the child, this will be raised with the appropriate team manager or Head of Service. In some cases, in discussion with the Reviewing Officer’s line manager, the date for the next Looked After Review will need to be brought forward.

15. Review Decisions

A designated senior member of staff should consider the decisions made at each Looked After Review within five working days of receiving them and to advise the IRO and all those who attended the review if they are unable to agree them.

If no response is received the decisions should be considered agreed by the Local Authority and should be implemented within the timescales set out in them.

If the senior member of staff disagrees with any of the decisions within that initial five working day period, this should be notified in writing to the IRO and all those who attended the review.

In the first instance the IRO should attempt to resolve the issue informally. If this is not successful the IRO can consider activating the local dispute resolution process - see Section 16, Conflict Resolution.

16. Monitoring of Review Decisions

The Independent Reviewing Officer (IRO) plays an important part in the quality assurance function of the local authority's service for looked after children, it will be important that they recognise and report on good practice by individuals or teams.

It is important for the IRO to have a collaborative relationship with the social workers and their managers.

Monitoring sheets must be completed by the IRO after every review meeting in order that accurate data is reported for audit, quality assurance and individual performance management. This information is then coordinated by the Independent Review Unit and sent on a monthly basis to the relevant managers.

Where there is evidence of poor practice, the IRO should, wherever practicable, address these issues through the normal channels, contacting the social worker's manager and where necessary the Independent Review Unit Manager.

17. Conflict Resolution

Where the IRO believes that the Local Authority has failed in any significant respect to prepare the child’s Care Plan; review the child’s case or effectively implement any decision in consequence of a review; or are otherwise in breach of their duties to the child in any material respect, the following procedure will apply:

Informal resolution through a professionals meeting to include the Team Managers of both the social worker's team and the IRO.
If no resolution is reached at this stage a referral should be made by the Independent Review Unit to the relevant senior manager in the local authority
If there is still no resolution, the matter should be brought to the attention of the Chief Executive.

The IRO has the authority to refer the case to CAFCASS where he or she considers it appropriate to do so and must consider a referral to CAFCASS where, having drawn any failures as set out above to the attention of persons of appropriate seniority in the Local Authority, the issues have not been addressed to his or her satisfaction within a reasonable period of time.

End