Content
- Introduction
- Child Protection Responsibilities within CAFCASS
- Child Protection Procedures for CAFCASS Practitioners
- Child Protection Conference Attendance by CAFCASS Practitioners
- Children on the Child Protection Register
- Allegations of Child Abuse Involving a CAFCASS Practitioner
- CAFCASS as a Member of the Area Child Protection Committee
- Serious Case Review Procedures
Appendix 1 Written Confirmation of a Child Protection Referral to Social Services (CPR01)
Appendix 2 Notification of a Child on the Child Protection Register (CPR02)
Appendix 3 Schedule 1 Offences
Appendix 4 Skin Map
Appendix 5 Glossary
Appendix 6 Re M (Disclosure: Children and Family Reporter) Summary of facts and extract from judgement
Appendix 7 List of References
1 Introduction
1.1 The CAFCASS Child Protection Procedures are based on the requirements of ‘Working Together to Safeguard Children’ (1999), Framework for the Assessment of Children in Need and their Families (2000) and ‘What To Do If You’re Worried A Child Is Being Abused’ (2003), all of which take account of the United Nations Convention on the Rights of the Child and the Children Act (1989). The procedures are informed by lessons from child abuse inquiries, serious case reviews and experience gained within CAFCASS on the management of significant harm. The procedures establish the steps that all CAFCASS staff and self-employed practitioners are required to take when dealing with the recognition, referral and management of harm.
1.2 In all our activities, all CAFCASS staff and self-employed practitioners must safeguard and promote the welfare of the child and comply fully with legislation and government guidance. “Safeguarding children” has been taken to mean:
All agencies working with children, young people and their families take all reasonable measures to ensure that the risks of harm to children’s welfare are minimized; and
Where there are concerns about children and young people’s welfare, all agencies take all appropriate action to address those concerns, working to agreed local policies and procedures in full partnership with local agencies.
1.3 CAFCASS participates in arrangements for the protection of children through its membership of the Area Child Protection Committees (ACPCs) throughout England and Wales. The CAFCASS Child Protection Procedures must be used in conjunction with the relevant local ACPC multi-agency procedures. These local procedures provide guidance to all agencies working together to protect children from harm. In CAFCASS, all Service Managers, practitioners, administrative staff and any other staff should be familiar with these local guidelines and procedures which will provide specific details of how the principles outlined in the CAFCASS Child Protection Procedures will be applied locally. Printed copies of the relevant local ACPC procedures must be available in all CAFCASS offices.
1.4 Layout of Document
In this document the references have been listed in the right-hand margin. References have been given acronyms, a key to which can be found in the list of references in Appendix 7. In the electronic version the references are hyperlinks that point to the reference documents.
2. CHILD PROTECTION RESPONSIBILITIES WITHIN CAFCASS
2.1 Everyone’s Duty
Everyone in CAFCASS has a duty to ensure they familiarise themselves with the policy and procedures, and to seek guidance and clarification to ensure they can carry out their responsibilities effectively.
2.2 The Board
It is the responsibility of the Board to ensure that the policies of CAFCASS are consistent with government policy on safeguarding and promoting the welfare of children and that resources are available to implement the CAFCASS Child Protection Policy and Procedures.
2.3 Senior Managers
It is the responsibility of the Directorate (please see glossary in Appendix 5 for a definition) to :
- create a working environment that is conducive to the safeguarding of children;
- develop and implement the CAFCASS Child Protection Policy and Procedures;
- ensure that procedures for the application of the policy are up-to-date and comprehensive;
- ensure the development of safe recruitment practices; and
- ensure that staff receive the training required to enable them to effectively apply the policy and procedures to safeguard children.
2.4 Service Managers
2.4.1 Service Managers have a number of responsibilities specified in the Child Protection procedures.
2.4.2 In addition, it is the responsibility of Service Managers to:
- ensure compliance with the CAFCASS Child Protection Procedures on a local level;
- ensure, as part of induction, supervision, appraisal and identification of training needs, that staff are aware of and are carrying out their responsibilities in relation to child protection;
- ensure printed copies of the relevant local ACPC procedures are available for use in each office;
- ensure that staff familiarise themselves with the Government’s Statutory Guidance “Working Together”, Framework for the Assessment of Children in Need and their Families, and its practice guidance “What To Do If You Are Worried A Child Is Being Abused”;
- ensure that staff have access to the rest of the literature in Appendix 6;
- provide the appropriate support for staff in this area of work; and
- ensure that there is good communication and an agreed process for sharing information between CAFCASS and other agencies in order to assess and review potential or actual risk of harm.
2.5 Employed Practitioners
It is the responsibility of all employed practitioners to:
- ensure they follow the CAFCASS Child Protection Policy and Procedures in conjunction with the relevant local ACPC procedures;
- seek the advice of a manager if there is any uncertainty about how to proceed; and
- ensure that they identify their training needs in relation to child protection in the annual training needs analysis process and attend the required elements of child protection training as agreed with their manager in their individual training plan.
2.6 Contract Managers
It is the responsibility of contract managers to ensure that self- employed contractors are aware of their responsibilities, and that these are carried out, through the process of contract monitoring and review.
2.7 Self-Employed Contractors
It is the responsibility of self-employed contractors to:
- ensure they follow the CAFCASS Child Protection Policy and Procedures in conjunction with the relevant local ACPC procedures;
- seek the advice of a manager if there is any uncertainty about how to proceed; and
- inform the local Service Manager with responsibility for the relevant case in all cases where there are new or significant developments about Child Protection issues.
2.8 All Other Staff within CAFCASS
Any member of staff, regardless of their role within the organisation, must be alert to the welfare of children and should discuss any concerns with their line manager as soon as possible. Any line manager must liaise with the relevant local Service Manager responsible for the case and the latter will decide if the concern falls within the remit of the CAFCASS Child Protection Procedures.
2.9 External Projects Manager
The requirement to address the safeguarding needs of children will be included in all external contracts.
3 CHILD PROTECTION PROCEDURES FOR CAFCASS PRACTITIONERS
The following procedures prescribe the actions to be taken. It is important to recognise that these actions should be considered as a whole, and not necessarily as sequential.
3.1 Consideration of Harm in All Cases
3.1.1 All practitioners should be mindful of the signs and symptoms of harm in all their cases. The consideration of risks of harm to a child should be an integral part of the practitioner’s role throughout the period of contact with the child, with a view to the identification of unreported or unresolved issues of harm.
3.1.2 The role of the CAFCASS practitioner is to ensure that their concerns are referred to the appropriate agency, not to conduct an investigation themselves.
3.1.3 The CAFCASS practitioner must ensure that full information is available in the child’s file, including the outcomes of all inter-agency checks. In particular, in public law cases, the Children’s Guardian should read the Social Work file and, where the child is of an age and understanding to be interviewed, seek an early opportunity to meet the child. Practitioners should obtain a detailed family tree, chronology and flow chart showing moves and changes in a child’s life.
3.1.4 Practitioners will sometimes have contact with children who are not subject to the proceedings. Any emerging child protection concerns about these children must be dealt with according to these procedures.
3.2 Communication with Service Manager
3.2.1 Where there are concerns about a child’s welfare, all practitioners must first discuss this with their Service Manager, except in situations where there is a need to take urgent action to secure the immediate safety of the child. If the manager is not available, the concerns should be discussed with another CAFCASS manager.
3.2.2 This discussion will cover:
- whether there is a need to make a referral to Social Services either because the child and family may be in need of services or because there is evidence of harm to a child;
- whether there is a need to seek the views of any parties to the proceedings before making a referral;
- whether the Court should be consulted prior to making a referral;
- how and when the Court should be notified of a referral;
- who will take any necessary action and within what timescale; and
- implications for future work with the family.
3.2.3 The discussion will be recorded and signed by both the practitioner and the manager, and put on the case file.
3.2.4 In any situation when the practitioner has made a referral of possible harm to Social Services without prior consultation with his/her Service Manager, the practitioner must inform the Service Manager as soon as possible.
3.2.5 If any practitioner is uncertain about how to respond to a child protection concern about any child, regardless of where they are placed, advice is available from their Service Manager, and in their absence, another Service Manager, or from their Regional Manager/Director or Divisional Director.
3.3 The Child Protection Register
The practitioner should ensure that the Child Protection Register has been checked in relation to the specific concern. If this has not been done, the practitioner must undertake the check and enter the outcome of the check on the case file.
3.4 Urgent Action to Protect a Child
- If a practitioner encounters a child in a situation where the child is in imminent danger, the immediate and urgent priority is to secure the safety of the child:
If a child is at immediate risk, the practitioner must seek the assistance of the Police;
- if a child needs emergency medical attention, this must be sought immediately and directly from the emergency services. Parents/carers should be kept fully informed. Once the child has been referred for medical attention, other sections of the procedure should be followed; and
- if a vulnerable child has been left alone, the practitioner must act to protect the child. Assistance must be sought from the police and/or the Social Services’ Emergency Duty Team.
3.5 Discussion with Child Regarding Child Protection Concern
3.5.1 If a concern arises from the practitioner’s contact with a child, the degree of discussion entered into with the child will depend on the child’s age and understanding.
3.5.2 It may be necessary to ask some questions of the child or parents/carers in order to decide whether suspicion of abuse or neglect is justified. However, it is not the task of the CAFCASS practitioner to conduct the formal child protection interview with the child. Once the threshold of ‘suspicion of abuse’ has been passed, the practitioner should not continue questioning of the child or their parents/carers about what has happened. If the child wants to talk about what happened, the practitioner should listen and make note, but should not encourage further disclosure. The practitioner should explain that the child will need to repeat what has been said to the person who will subsequently be involved. Care must be taken not to compromise any subsequent child protection enquiries or police investigation.
3.5.3 The practitioner must be alert to any information a child or young person offers to clarify the nature of any injury or other form of harm and any information the child provides on whom s/he considers to have been responsible for the harm.
3.5.4 If it is considered safe to do so, the child should be informed of the intention to make a referral to Social Services if it is believed that the child has the age and understanding to fully comprehend the significance and consequences of making such a referral. The child’s view should be fully considered and recorded, but the overriding consideration is the practitioner’s responsibility for the child’s or any other children’s safety.
3.5.5 No false reassurances about confidentiality must be made. Equally, the child should not be led to believe that certain events will or will not take place.
3.6 Recording of Child Protection Concern
“The case file is the single most important tool available to social workers and their managers when making decisions as to how best to safeguard the welfare of children under their care. (…) Reference to the case file should be made at every stage of the case and before any significant decision is made.”
3.6.1 A record should be made of what the child said, any explanation given by the child, any signs of injury that were observed, and anyone else who was present who could have witnessed any of these.
3.6.2 If the referral to Social Services is based on information received from a parent or other third party, the details of the information given should be recorded and the subsequent referral should indicate that the referral is based on reported information in which the CAFCASS practitioner is acting as a channel of information.
3.6.3 This record should be made as soon as possible and must be written by the person who was directly involved. It is important to record the time that the child protection concern was identified.
3.6.4 If injuries are apparent, the skin map (Appendix 4) may also be used to demonstrate the site of the injuries. This is provided to note the site of visible injuries only. The practitioner must not ask the child to undress to check for injuries.
3.6.5 The recording must be signed and dated by the practitioner, and placed on the child’s file.
3.7 Involving Parents Regarding Referral to Social Services
3.7.1 In general, practitioners should seek to discuss their concerns with the child, as appropriate to their age and understanding, and with the child’s parents/carers, and seek their agreement to making a referral to Social Services. Exceptions are if the practitioner considers it likely that such a discussion would place the child at risk of significant harm, would risk interference with a police investigation or would place the practitioner at serious personal risk.
3.7.2 It should be recorded whether or not parents have been informed of and agreed to the referral. If in any doubt, the practitioner should consult the Service Manager, who may contact Social Services. In difficult cases, the Service Manager or the practitioner could also contact CAFCASS Legal.
3.8 Referral to Social Services
3.8.1 The referral to Social Services should normally be made by the person who has first-hand knowledge of the child protection concern as soon as possible after the concern has been identified. In cases where there is doubt as to the course of action to follow, consideration should be given to seeking the court’s direction. Applications for directions should normally be made on notice but if a practitioner is in doubt about whether it is appropriate to give parties notice, s/he should discuss the matter with a Service Manager and the advice of CAFCASS Legal should be sought. Where a referral is made, it should be made to Social Services as required by the local ACPC procedures. In any event if a referral has been made the court should be notified immediately and the practitioner should seek the court’s directions about the next step. A copy of the referral form must also be sent to any allocated social worker. If a referral is made after an application to the court for directions, it should be made in accordance with the court’s directions.
3.8.2 In the first instance, the referral to Social Services should be made by telephone.
3.8.3 The practitioner should, as far as possible, be prepared to:
- discuss the exact nature of the concern;
- discuss any background information available on the child and the family;
- provide accurate information on the child’s full name, date of birth, address and telephone number, the names of persons with parental responsibility or other carers;
- provide information on the school the child attends, the name of the child’s GP, and the name of any Health Visitor, as appropriate;
- provide information on the child’s religion, language spoken at home, his/her ethnic origin, and any disabilities the child may have;
- provide information on how much the child knows;
- provide information on whether parental permission has been obtained for making the referral; and
- in private law proceedings, inform the local authority of the existence of the private law proceedings and the stage they have reached.
3.8.4 The practitioner must keep a record of the information provided, and this information must be confirmed, preferably first by fax, followed up in writing, to Social Services within one working day. Local ACPC procedures will specify if there is an agreed inter-agency referral form for making referral to Social Services. In the absence of an agreed interagency referral form, the CAFCASS Child Protection Referral Form (CPR01, Appendix 1) should be used.
3.8.5 If the practitioner has not heard back from Social Services within three working days, the practitioner must contact Social Services again.
3.8.6 The practitioner must make a written record of the decisions taken in the course of the discussion with Social Services. Both the referral form and the record of discussion must be placed on the child’s case file.
Specific details of the Social Services Team to receive the referral will be included in the local Area Child Protection Committee procedures.
3.9 Who Needs to Be Informed Within CAFCASS?
In all situations, the practitioner must ensure that the Service Manager receives a copy of the written confirmation of the referral that is sent to Social Services within one working day.
3.10 Strategy Discussion
If a CAFCASS practitioner has made a referral to Social Service s/he may be invited to participate in a strategy discussion. The practitioner’s role in the discussion is to ensure that their referral information is fully understood. The CAFCASS practitioner’s role does not extend to participating in any subsequent decision-making or the Section 47 enquiry.
3.11 Unresolved Child Protection Concerns
3.11.1 At any stage in the course of any proceedings where the CAFCASS practitioner is concerned that adequate arrangements have not been made to protect the child, after discussion with their Service Manager and the Local Authority, the practitioner should report the child protection concern to the court.
3.11.2 CAFCASS is able to request a Child Protection Conference to consider the needs of any child, if it is believed that the child has suffered, is suffering or is likely to suffer significant harm.
3.11.3 If there is a conflict between agencies in the management of concerns about a child, each ACPC has a dispute resolution policy that should be followed to ensure that the needs of the child remain the paramount concern.
3.12 The Role of the Service Manager in Allocating Cases
3.12.1 Priority of allocation will be given to cases with apparent safeguarding issues. To inform this decision-making, Service Managers will ensure checks are made in accordance with the current CAFCASS Police, Child Protection Register and Social Services Checks – Interim Policy.
3.12.2 For cases that have not yet been allocated to a named practitioner, the Service Manager must consider if there are any reported and unresolved issues of harm that appear to expose the child to an unacceptable degree of risk of harm in the course of the proceedings. The Service Manager must ensure that there is a system in place to identify such issues in unallocated cases, and must give high priority to cases involving child protection issues if there is a backlog of unallocated cases.
3.12.3 In cases of a request for a Children and Family Reporter to prepare a section 7 report, the Court should be asked to identify if there are any known child protection concerns in respect of the child. Arrangement should be made for the Court to forward the initial application and any attached papers, reports or statements to the local CAFCASS office within two working days.
3.12.4 Service Managers must read any further papers, reports or statements forwarded to the CAFCASS office in order to assess whether there are any child protection concerns.
3.12.5 On receipt of information that a child is suffering or may be at risk of suffering previously unidentified significant harm, the Service Manager must follow the procedures for the referral of the child to the appropriate Social Services Department, as well as inform the relevant Court of their actions.
3.12.6 In public law cases, the practitioner must follow the Protocol for Judicial Case Management in Public Law Children Act Cases. If it is not possible to allocate a Guardian within two days, the Service Manager must identify a date for the court by which an allocation of a Guardian is likely to have been made.
3.12.7 The Service Manager must ask to be regularly updated with regard to the welfare of the child and follow the current CAFCASS guidance on the management of unallocated cases.
3.13 Case Status
3.13.1 There are several stages in the life of any CAFCASS case. These Child Protection procedures apply to all CAFCASS cases, regardless of what stage they are at.
3.13.2 Open cases are defined as cases which have been referred to CAFCASS by the Court. These cases become allocated upon the identification of a named practitioner.
3.13.3 In public law, the case is closed after the final hearing. In private law, the case is deemed complete once the report has been submitted to the court. In reality, there may be a considerable delay between that date and the date of any final hearing or withdrawal. During that period, the CAFCASS practitioner will not normally do additional work without further direction from the court. S/he retains the responsibility of responding appropriately to any new child protection concerns including communicating with, and seeking guidance from, the court as appropriate. The case is formally closed after the final hearing or withdrawal. Following closure, any received Child Protection concerns will be dealt with by the Service Manager (see 1.2 and 3.2.)
3.13.4 Where information is requested from CAFCASS by a third party in respect of child protection concerns in any case, whether open or closed, the appropriate procedure will be applied.
4 CHILD PROTECTION CONFERENCE ATTENDANCE BY CAFCASS PRACTITIONERS
4.1 CAFCASS practitioners may attend child protection conferences in three different contexts. It is important that the context is understood in each case and that the child protection conference is informed of the nature of the practitioner’s participation on each occasion.
4.2 A: The practitioner has made a referral to Social Services
4.2.1 If the practitioner has initiated a child protection enquiry (section 47) by making a referral to Social Services, the practitioner would be expected to provide information as required by local ACPC procedures to enable the conference to complete its tasks. A written report for the conference should be provided, and in most cases the practitioner will be given sufficient notice of the conference to allow him/her to seek the permission of the Court before preparing the report. In cases where the conference is convened as a matter of such urgency that the practitioner is unable to seek the permission of the court, the report may be prepared without permission but the court should be informed thereafter.
4.2.2 The practitioner would not act as a full member of the conference, and would not take part in any decision-making about registration or consequent action. Where the practitioner is a Children and Family Reporter in proceedings relating to the child, the practitioner and his/her manager would decide together whether the practitioner is able to continue in their court role in relation to the child. Where the practitioner is a Children’s Guardian and the practitioner and his/her manager consider that the practitioner’s role in the proceedings may have been compromised, the issue should be brought to the attention of the court at the earliest opportunity.
4.3 B: The practitioner is preparing a report for a child for which a Child Protection Conference has been convened
4.3.1 If a child protection conference has been convened for a child for whom the practitioner is preparing a report, the CAFCASS practitioner should be invited. It may be useful for the CAFCASS practitioners to be able to attend Social Services Department meetings, including core group meetings, family group conferences and child protection conferences, which consider the interests of children who are the subject of proceedings. The practitioner should consider in each case the value of attending any of these meetings. If it becomes clear that the practitioner has factual information apparently not known to other agencies which is clearly relevant to the planning for the child’s welfare, this must be shared with those agencies.
4.3.2 It is important, however, that any contribution made by the practitioner does not conflict with Court Rules, and that the practitioner’s presence does not lead to the conclusion that the practitioner shared responsibility for the decisions made at the meeting.
4.4 C: The practitioner is the supervisor of a Family Assistance Order
If the practitioner is the supervisor of a Family Assistance Order, his or her role is extended to advising, assisting and, where appropriate, befriending any person named in the Order. In this role s/he should attend the child protection conference to provide information as at 4.2. and 4.3 above but should not participate as a full member of the conference who contributes to decision-making. In this role, the practitioner may also contribute to child protection core group meetings as at paragraph 4.3.1 if their supervision of the Family Assistance Order is integral to the child protection plan for the child.
4.5 Participation in Conferences on Cases Closed to CAFCASS
The same process applies as in open cases.
4.6 Children Act Advisory Committee – Guidance on the Observer Role
4.6.1 ‘Observer’ does not mean ‘silent observer’. A practitioner may possess factual information apparently not known to other agencies, which is clearly relevant to the planning for the child’s welfare. In addition, the practitioner may have concerns about the decisions made by the meeting. In these circumstances, a practitioner should voice his/her concerns. It is not helpful for the practitioner, after the meeting, to reveal information that may have changed the decisions of the meetings about the child’s interests, or to criticise the decisions of the meeting. The practitioner’s overall intervention should be constructive and co-operative in order to promote the child’s interests.
4.6.2 A practitioner may be asked for his/her opinion on specific or general issues in relation to the child during a meeting. Care must be taken by the practitioner in giving any opinion that could influence decisions taken by other participants in the meeting. If an opinion is given, it needs to be qualified by a statement that an opinion has been formed on the basis of information available up to that time, and may be altered by information revealed by further investigation.
5 CHILDREN ON THE CHILD PROTECTION REGISTER
5.1 CAFCASS Management of Children on the Child Protection Register
5.1.1 When it is identified that a child is on the Child Protection Register, form CPR02 (Appendix 2) will be completed by the practitioner, who will send a copy to the Service Manager. The Service Manager will complete the CPR02 if the case is unallocated. The Service Manager will retain the CPR02 in a confidential file and the practitioner will place the CRP02 on the child’s file (see 5.1.3. below).
5.1.2 In cases where the Local Authority is not a party to the proceedings, the practitioner will notify the Local Authority Social Services Department by letter when CAFCASS commences involvement with a child on a register and when that involvement ends.
5.1.3 The Service Manager will maintain a specific oversight with regular review of the cases of those children who are on the Child Protection Register.
5.1.4 The Service Manager will agree a timetable with the allocated practitioner for a discussion on the progress of these cases and for endorsing the case file. If there are significant developments, the practitioner must inform the Service Manager immediately.
5.1.5 A record of this discussion must be kept on the case file.
6 ALLEGATIONS OF CHILD ABUSE INVOLVING A CAFCASS PRACTITIONER OR OTHER PROFESSIONALS
These procedures apply to all employed and self-employed staff.
6.1 Suspicions or Allegations of Abuse by Professionals
6.1.1 If any CAFCASS employee or contractor becomes aware of concerns or suspicions about the abuse of a child by a person with professional access to the child, the concerns or suspicions must immediately be discussed with their Service Manager, or another Service or Regional Manager in their absence.
6.1.2 If it is concluded that the concern or the suspicion requires enquiries to be initiated under section 47 of the Children Act (1989), a referral should be made in accordance with the local ACPC procedures for allegations against staff/professionals.
6.1.3 The recording requirements for a referral involving a staff member or professional are the same as for all other referrals.
6.1.4 The Regional Manager must be informed immediately of all referrals that implicate CAFCASS staff or contractors in the abuse of a child, and must in turn notify the Divisional Director.
6.1.5 A strategy discussion will be convened by the local authority or the police to consider how the allegation will be responded to. CAFCASS will contribute as required to the strategy discussion.
6.2 Link between Child Protection Enquiries and Disciplinary Proceedings
6.2.1 Working Together makes clear that responses to allegations of abuse against professionals will potentially have three related, but independent, strands:
- child protection enquiries;
- a possible police investigation into alleged criminal acts; and
- disciplinary procedures.
6.2.2 It will be important that each aspect is thoroughly assessed and a conclusion reached, and that the necessary processes are managed to ensure no element is compromised. The ACPC procedure for strategy discussions will be the vehicle for planning processes to ensure the integrity of each process. It will be for CAFCASS to reach the decision as to whether a disciplinary investigation is required.
6.2.3 Immediate consideration must be given to further work by the practitioner, and senior management will consider suspension of the practitioner. In cases where a practitioner is appointed as Children’s Guardian in pending proceedings, senior management should liaise with CAFCASS Legal with a view to informing the court of the concerns at the earliest opportunity. A Children’s Guardian is appointed by the court and his or her role in any pending proceedings is a matter for the court to determine.
6.2.4 In cases where the practitioner acts as Children and Family Reporter and suspension is not appropriate, consideration should be given to re-allocation of cases.
7. CAFCASS AS A MEMBER OF THE AREA CHILD PROTECTION COMMITTEE
7.1 CAFCASS Membership of and Representation on the ACPC
7.1.1 Working Together provided that membership of the Area Child Protection Committees should include the Probation Service and Guardian ad Litem panels. CAFCASS has now taken over that role for the Family Court Welfare Section of the Probation Service and for the GALRO panels.
7.1.2 It is the responsibility of each Regional Manager to identify a CAFCASS representative of at least Service Manager level to represent CAFCASS at the regular meetings of each Area Child Protection Committee.
7.1.3 The responsibilities of the CAFCASS representative are to:
- Develop and agree local policies and procedures for inter-agency work to protect children, ensuring CAFCASS policies are understood and incorporated where needed. For further details, please refer to the section ‘Data Sharing and Developing Inter-Agency Protocols’ in the CAFCASS Police, Child Protection Register and Social Services Checks – Interim Policy;
- Audit and evaluate how well CAFCASS is working with local services to protect children;
- Encourage and help develop effective working relationships between CAFCASS and other services, and professional groups, based on trust and mutual understanding;
- Improve ways of working and ensure any lessons learned are shared, understood, and acted on;
- Undertake Serious Case Reviews (Chapter 8 Reviews) where a child, for whom CAFCASS has an involvement, has died, or been seriously harmed, if so required by the Regional Manager; and to
- Help improve the quality of inter-agency working through specifying needs for CAFCASS training and development, and ensuring this is delivered.
8 SERIOUS CASE REVIEW PROCEDURES
Chapter 8 of “Working Together to Safeguard Children” makes reference to Serious Case Reviews.
8.1 Support to Practitioners
It is recognised that the death of or serious injury to a child affects everyone who has been involved with the child and the family, and in the management and the administration of the case. The need to provide support to those involved should be considered from the time the concern is identified. The line managers or those responsible for the performance management of practitioners must consider who, including union representatives, may be able to provide support to the individuals involved.
8.2 The Identification of a Possible Serious Case Review
8.2.1 Practitioners must immediately inform their Service Manager if they become aware that:
- a child has sustained a potentially life-threatening injury or serious and permanent impairment of health or development;
- has been subject to particularly serious sexual abuse; or
- a child has died, and abuse or neglect are known or suspected to be a factor in the child’s death, and the case gives rise to concerns about inter-agency working to protect children.
8.2.2 The Service Manager will discuss the case with the Regional Manager, and if they conclude that it appears there may be a need for a Serious Case Review, the Regional Manager will inform the CAFCASS representative on the ACPC. The Regional Manager will decide if the original case file should be secured at this point.
8.2.3 The CAFCASS representative on the ACPC will discuss the circumstances of the concern with the Chair of the ACPC.
8.3 Notification of a Serious Case Review
8.3.1 The decision to initiate a serious case review rests with the Chair of the ACPC.
8.3.2 On receipt of notification of a serious case review, the CAFCASS representative on the ACPC will immediately notify the appropriate Regional Manager.
8.3.3 Whenever an ACPC commissions a Serious Case Review concerning a child where a CAFCASS practitioner has had an involvement, the Service Manager must inform the lead Divisional Director with responsibility for Child Protection immediately, and copy in the Director for Operations.
8.4 The Securing of Case Files
8.4.1 The Regional Manager will appoint a Service Manager, who does not have line management or performance management responsibility in relation to the case, to make immediate arrangements for the securing of all files and notes pertaining to the case, including any management records relevant to the case. The appointed Service Manager will inform the practitioner of the above immediately.
8.4.2 Case files must be secured as soon as notification is received that a serious case review is to be held. In the case of self-employed practitioners or home workers, the relevant manager must make immediate instruction for the file to be sealed and make arrangements for it to be recovered without delay.
8.4.3 The Regional Manager may require the case file to be secured at any earlier point if consideration is being given to the need for a Serious Case Review. The files and notes must be secured in the form in which they existed at the time of the notification of the review.
8.4.4 If practitioners need to up-date their file of any events that preceded the decision to pursue a review, the date that these recordings were made should be clearly marked and passed on to be secured by the Regional Manager alongside, but separate from, the original file.
8.4.5 The files must be securely stored by the Regional Manager. Any request for access to the original documents must be agreed by the Regional Manager.
8.4.6 The Regional Manager will consider if there is a need to make photocopies of the original documents to enable work to continue on the case.
8.5 Notification of the Court
The Court’s permission for disclosure of case files must be obtained for the purposes of Serious Case Reviews. There must be close communication between CAFCASS and the ACPC regarding the time it may take to obtain the court’s permission for disclosure of case files. Family members who were parties to the proceedings will usually be notified by the court of the CAFCASS application. It is therefore important that the ACPC communicates with the family about the review in advance of any CAFCASS application to the court.
8.6 The Appointment of a Person to Conduct the Internal Management Review
8.6.1 The Regional Manager will appoint a suitably qualified and experienced person who is independent of the line management or performance management of the case to undertake the internal management review.
8.6.2 The circumstances of the individual case and the scope of the practitioner’s involvement will be factors to be taken into account when considering who is suitable to undertake the internal management review.
8.6.3 The Regional Manager will discuss the ACPC’s terms of reference for the serious case review with the person appointed to undertake the internal management review and will conclude in writing the specific remit for the person undertaking the review.
8.7 Interviewing Practitioners and Managers
8.7.1 The person appointed to undertake the internal review will require to have access to all documentation relating to the case to establish the facts and to identify who is required to be interviewed.
8.7.2 The Regional Manager will apply to the court and to the ACPC for permission to disclose information to the person undertaking the review if this person is not a CAFCASS employee.
8.8 Reviews
The learning that arises from Serious Case Reviews will be shared and disseminated in an appropriate way to practitioners and managers by a senior manager. Issues which relate to policies or the level of support provided by management will be addressed by the Executive Team.