Who is this information sheet for?
It is aimed at the following groups:
- Childminders
- Preschools and out of school or holiday play scheme leaders and
staff
- Private and voluntary day nursery and crèche organisers
- Staff and volunteers in other childcare and day care settings
operated by independent sector organisations
Children in need
The local authority has a duty to safeguard and promote the
welfare of children in need. Other organisations working with
children have a duty to work with us to meet children’s needs
The Children Act 1989 sec.17 (10) defines a child in need as
follows:
'A child shall be taken to be in need if –
- He/She is unlikely to achieve or maintain or to have the
opportunity of achieving or maintaining, a reasonable standard of
health or development without the provision to him/her of services
by a local authority
- His/Her health or development is likely to be
significantly impaired or further impaired without the provision
for him/her of such services; or
- He/She is disabled.'
Which children are in need?
Children in need include:
- Disabled children and young people and those with significant
emotional and behavioural difficulties (including children and
young people who are at risk of exclusion from school)
- Children and young people at risk of significant harm, for
example as a result of abuse or neglect
- Young people aged between 16 and 18 years leaving care, and
other young vulnerable people living independently in the community
such as those who are homeless, or in substandard
accommodation
- Children and young people who are involved in crime, or at risk
of becoming involved in crime, or misusing substances
- Children and young people separated from their families
(including children who are privately fostered)
- Children and young people with caring responsibilities,
including young people who are parents
- Children and young people at risk of family breakdown, for
example children whose parents are living on a low wage or income
support, in one parent families, in overcrowded conditions or in
temporary accommodation or large families with limited informal
support
What to do if you think a child is in need
If you think that a child may be in need you should consider
referring to Social Services. Before referring any child you must
seek permission from the parents. Parents are sometimes reluctant
to ask for help when they are struggling to cope, for fear of being
judged. You should reassure them that Social Services are there to
help and will be sympathetic to their problems.
What is significant harm?
Significant harm includes:
Neglect – the persistent or severe neglect of a
child, failure to protect a child from exposure to any kind of
danger, including cold and starvation, extreme failure to carry out
important aspects of care resulting in significant impairment of
the child’s health or development, including non-organic failure to
thrive.
Physical abuse – actual or likely physical
injury to a child or failure to prevent physical injury (or
suffering) to a child.
Sexual abuse – actual or likely exploitation of
a child or adolescent.
Emotional abuse – actual or likely severe
adverse effect on the emotional and behavioural development of a
child caused by persistent or severe emotional ill treatment or
rejection.
What to do if you think that a child is at risk
As a childcare provider it is your duty to refer to Social
Services if you believe that a child is at risk of significant harm
or neglect. Before you refer you should talk to the family about
your intention and the reason for your concern, unless you believe
that this might significantly increase the risk to the child.
Causes for concern
Physical injuries – as someone who is in
regular contact with small children you will be familiar with the
normal range of minor injuries that children sustain in their day
to day activity. There is cause for concern if a child appears to
sustain significantly more than the average of these types of
injuries, or if the injury is in an unusual place, or forms a
pattern suggesting the child has been hit, gripped, bitten, or is
in physical pain or discomfort.
Burns and scalds that have not been treated by a doctor are also
a cause for concern.
Poor physical appearance – There is cause for
concern if a child repeatedly comes to you inappropriately dressed
for the weather, or dirty, or in soiled clothes.
Unusual behaviour – There is reason to be
concerned if a child repeatedly shows a negative attitude towards a
parent /carer when brought to you or collected, or there is a
pattern of destructive, cruel, challenging or withdrawn behaviour
whilst in your care or significant feeding/toilet problems.
Verbal comment – Children sometimes say things
that give a cause for concern. They should not be questioned
about the things they have said but should be reassured that you
are listening and will continue to listen if necessary.
Negative Parenting – parents may give cause for
concern if they regularly display anger or indifference or
rejection to a child, or favour one child over another.
What can you expect from Social Services if you contact
them?
Can I ring for advice?
Yes. If you are concerned for the welfare of a child but are not
sure whether to make a referral then you can ring Social Services
for advice. You can discuss your concerns with the duty social
worker who will be able to advise you if a referral is required. If
it is not required then the duty social worker can advise you about
other services that are available.
If a referral is made concerning a child in need
A child care social worker will get in touch with the
parent(s)/carer(s) and arrange to meet with them to discuss their
circumstances. If the carers are willing to accept Social Services
involvement, their children’s needs will be assessed, together with
their ability as carers to meet those needs. As a result of that
assessment, services may be offered to the family by Social
Services, the Health Service, Education, or a Voluntary
Organisation to help them to resolve any problems or difficulties
they are experiencing.
If the referral concerns a child at risk
(And the Local Authority has) ‘reasonable cause to suspect that
a child who lives, or is found, in their area, is suffering
or is likely to suffer, significant harm, the authority shall make,
or shall cause to be made, such enquiries as they consider
necessary to enable them to decide whether they should take any
action to safeguard or promote the child’s welfare.’ (Children Act
1989 sec 47(b).
Social Services have a meeting, called a strategy discussion,
with the police and a paediatrician, to decide whether your
referral should be investigated and if it requires a criminal
investigation and /or a full medical examination of the child.
A child care social worker will first make contact with the
parent to seek agreement to see their child and investigate the
concerns which will include any action that professionals propose
to take to safeguard the child(ren)s welfare.
I am worried that if I make a referral to Social Services the
child will be removed into care
Social Services cannot remove a child from carers without the
authority of the court, and there are only a small number of cases
where a risk to the child is thought to be so great that removal is
necessary.
However, in some cases Social Services are sufficiently
concerned to convene a Child Protection Conference. The conference
will put together an action plan which will involve everyone, both
from the family and those working with the family to address the
needs of the children and to reduce risk.
This plan will be reviewed at regular intervals by everyone who
is involved. As a part of the action plan you will have a
responsibility to work with a family to bring about change.
Whatever type of referral you make Social Services will keep you
fully informed of any action they propose.
What will Social Services expect if you contact them?
If you make a referral the child care duty worker can be
contacted during office hours at:
Referral and Assessment Team,
Lewis House,
Bath,
Tel: 01225 396313/4.
If you need to contact Social Services outside office hours then
you can ring:
Emergency Duty Team
Tel: 01454- 615165.
The duty social worker will expect you to have to hand the
child’s basic details (name, date of birth, address, carers name,
contact telephone number, etc) details of the child’s GP/Health
Visitor, your name and contact number, the reason for the referral,
any action that you have taken so far (contact with carer,
consultation with colleagues) and any history of concern with
actions you may have taken.
Contact with OfSTED
Social Services will always discuss any referral you make with
OfSTED as a part of their enquiry/investigation
procedure.
