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.