Legislative Context and Background
The Children Act 1989 Part Three, introduced the concept of a Child in Need and sets out the responsibilities of the Local Authority and other agencies. Our aim is for the concept of a child in need to encompass children who are "in need" for a range of reasons, including the need for protection because the child is a risk, or suffering significant harm. Part Three also gives the local authority the power to "look after" a child when necessary, as a means of meeting a child and family's needs.
In accordance with the intention of the Act the aim is to work with children in need and their families by means of an integrated framework and approach, within which the Child Protection procedures and arrangements for looking after fit.
Sect 17 C.A. 1989 gives the local authority responsibility for promoting and safeguarding the welfare of children.
Sect 47 (1) (b) CA 1989 details the safeguarding responsibility, and gives the Local Authority additional duties and powers to be used, to ensure the protection of a child where (s)he is suspected of suffering, or being likely to suffer, significant harm.
Children Act 1989
Sect 17 and Sect 47 provide the legal framework for assessing the needs of children in order to safeguard and promote their welfare.
Principles
The Children Act 1989 sets in place a number of key principles for Child Care Practice.
- The Welfare of the Child is paramount
- Partnership with parents/carers for the welfare of the child
- Wishes and feelings of the child must be taken into account.
- Children and young people, and their parents are all individual and account must be taken of life experiences, race, language, culture and religion.
Other principles must be applied
- Practice must be child focused
- Practice must be needs led.
Framework For Assessment
The Needs Assessment Framework provides the context in which the needs of the child
are evaluated in partnership with the child/young person, parents, carers and relevant
agencies.
The initial assessment must be completed within 7 days.
The duty officer will have a responsibility to liaise with all services where there has been involvement and or where mental health services are currently involved.
The core assessment needs to be completed within 35 days.
There is an expectation that where there is current involvement mental health staff will be expected to contribute to the core assessment and comment on the following:
- Child development
- Parenting capacity
- Environmental factors
This will summarise information on the ability of the adult to parent the child/ren within safe and acceptable parameters providing good enough care whilst identifying what limitations exist that inhibit the child’s world.
Where the concerns are of a child protection nature, concerns will be shared with the Referral and Assessment Team, a Strategy Meeting will be convened and a Section 47 enquiry opened. This will run alongside an Initial Assessment.
Where a Child Protection Conference is arranged there will be an expectation that Mental Health professionals will contribute to the meeting with a report (completed on a CP5) and in person. It is also expected that mental health staff will contribute to the assessment of risk and take a view regarding registration.
1. The aim of these guidelines is to facilitate and ensure that all staff see the adult and the child and respond to the family as a whole by co-ordinating information, assessments, services and reviews.
2. A Computer check (CRISSP) will identify if a family member is known, where there is an allocated social worker direct contact with him/her should be made.
3. In the event that this is a new referral contact with the Referral and Assessment Team Manager (tel: 396307) should be made.
4. Where the adult is also a parent the mental health worker should refer to the Framework for Assessment and consider what issues impact upon the child (see appendix 2)
5. If an adult is known to Social Services because of mental health difficulties, you must check out whether the adult is a parent. If so, further questions need to be asked. Is this adult the sole carer of the children? The primary carer? What ages are the children? What are the arrangements for the care of the children? Short-term? Long-term? Is the family aware of help available?
6. The assessment should take account of risk and/or need in the short and/or long term. Where concerns are identified information should be shared with the appropriate Children and Families Team.
7. Confidentiality
When a child’s/family’s needs are assessed in accordance with the Framework for Assessment, the parents/carers are asked to consent to information being shared, this should be completed on a C2 form (appendix 3). However, where risks of significant harm are identified, consent should be dispensed with in favour of the paramount needs of the child, as outlined in the Children Act 1989.
8. Referrals
- Contact Child Care Duty Officer (Lewis House)
- Writing to the Referral and Assessment (Children & Families) Team Manager
- Telephoning the Referral and Assessment (Children & Families) Team Manager.
9. The primary task of staff on receiving information about children and young people, and on receiving requests for specific services, is to make a judgement about whether the child (family) is eligible for a service. If the circumstances of the case meet the eligibility criteria of Social Services then the case becomes a formal referral and appropriate action needs to take place.
Making Plans and Providing Services.
10. After any assessment, it is best practice to have a clear plan for delivering services that provides a basis for review. The plan will identify services to be provided and actions from Social Services, other professionals and the family.
Reviewing Plans and Service Delivery.
11. While the provision of services to a child and their family, workers will continuously evaluate and review the effectiveness of the service(s), and meeting identified needs, in conjunction with the child, parent/carers and other professionals involved.
12. When a joint assessment (between Mental Health and Child Care teams) is undertaken and joint services provided, these must be reviewed within the appropriate forum (Child in need service plan, Child Protection, LAC Review, ICPA) and notice given of any proposal to cease a service.
Administration
13. Referrals, assessments, services and reviews must be logged on the Care Records in Social Services Package (CRISSP).
14. It is the responsibility of all professionals to record the information they receive and ensure it is placed on the file. Whilst the administrative tasks of the procedure can be delegated to administrative staff, responsibility for carrying out the procedure remains with social work staff.
Professional Conflict
15. There may be occasions where the two services have different perceptions, priorities and goals. It is important that these differences are openly acknowledged and addressed.
Staff Training
16. There is an expectation that mental health staff will attend introductory training in Child Protection and Child Care staff should attend training on mental health issues
Financial Responsibility
17. Where there is a joint working arrangement in place, decision making about financial responsibility for provision of services should be shared. The guiding principle should be that if the service is to enable the adult(s) to exercise their role as parents, the CMHT is responsible. If the service is directly for the child then the C&F team is responsible.
November 2002