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Amendments

December 2018

Updated Chapters
Chapter Name Details

Children's Services Policy, Values and Principles

A new Section 2, Corporate Parenting has been added in response to the DfE, Applying Corporate Parenting Principles to Looked-after Children and Care Leavers – Statutory Guidance (Feb 2018). It includes the seven corporate parenting principles set out in the guidance. Amendments were also made following the introduction of the General Data Protection Regulations (GDPR) and Data Protection Act 2018. Please re-reference.
Social Care Assessments Section 4, Communication has been updated to include reference and a link to parents with learning disabilities. Please re-reference.
Public Law Outline (PLO) Applications to Court under Children Act 1989 and CAFCASS Plus Lincolnshire Initiative This chapter has been updated to provide some emphasis on parents who lack capacity and added links to the President of the Family Division, Family Proceedings: Parents with a Learning Disability note, and a relevant link to working with parents who have a learning disability. Also, Practice Direction 3aa - Vulnerable Persons: Participation in Proceedings and Giving Evidence), (see Introduction). Please reference links where appropriate.
Unaccompanied Asylum Seeking Children Procedure This chapter has been further updated to identify that young people who are unaccompanied asylum seekers from abroad should be asked if they would prefer a copy of their Pathway Plan in their first language or in English (see Section 6.4, Referrals to the Leaving Care Team).
Access to Records / Subject Access Requests This chapter has been reviewed and significantly amended to reflect the EU General Data Protection Regulations (GDPR) and Data Protection Act 2018. A new section on Processing the GDPR Subject Access Request and a link to Lincolnshire County Council's website, Making a Subject Access Request are included (see Section 4, Handling Formal Requests for Access).
Retention of Documentation and Destruction of Files This chapter has been updated in line with Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018, which permits the transfer of a copy of the child’s case record (or part of that record) to another adoption agency when the local authority considers this to be in the interests of the child (see Section 6, Transferring and Moving Location of Files).

Child and Family Progress Meetings for Children with Disability (CWD)

This chapter has been significantly updated to reflect the current process for Child and Family Progress Meetings for Children with a Disability and its re-titling. The chapter should be re-read in its entirety.
Private Fostering Section 7, Assessment, has been updated to consider advising Step Parents to apply for a Child Arrangements Order or Special Guardianship Order for children they have been looking after where this could be the most appropriate arrangement for the child.
Decision to Look After and Care Planning Additional information was added in to Section 1.3, Section 20 Accommodation, in line with recent case-law.
Permanence Planning Strategy This chapter has been reviewed and adjusted throughout to tighten some language and promote a more gender-neutral approach to referencing aspects of the child.
Placements with Parents The chapter has been updated to clarify the required assessment for placing a child with a parent and that no placement should be made without the authorisation of the DCS or Assistant Director. Where a child is subject to an Interim Care Order the Care Plan must always be ratified by the Court (see Section 4, Court Ordered Placements on an Interim Care Order and Care Order).
A note in the Scope Box also highlights that these procedures do not apply where the child is subject to an Interim Care Order and the placement is made under section 38(6) Children Act 1989 for the purposes of assessment (see also Section 1.2, Who is Covered?).
Placements in Secure Accommodation on Welfare Grounds This chapter replaces a similar chapter but focuses on placements made ‘on welfare grounds’. The chapter incorporates recent DfE guidance on placing children under 13yrs and is reflected in Section 6, Placements of Children under the age of 13 Years. The chapter also deals with placements of children 16/17yr olds and Section 20, together with the Secure Accommodation Orders and the processes around the Authority approving, applying for such an Order and placing children. Please fully re-reference.
The Review of the Child's Plan for Looked After Children Section 9, The Role of the Looked After Review in Achieving Permanence for the Child was amended to reflect the outcome of a High Court Judgement in respect of children who were subject to Section 20 and where there were concerns of significant delays in their planning for permanence. The court noted the IROs’ recognition and action over a number of reviews but acknowledged that a more robust response had been needed. Additionally, a link has been added to Section 6.5, Looked After Reviews on Children who are subject of the Child Protection Plans to a new Signs of Safety Joint Agenda in circumstances where the child will require a combined Child Protection Conference and Looked After Review meeting. Please re-reference.
Quality Assurance Process and Escalation of Professional Concerns Process (Dispute Resolution Process) This chapter has been updated to reflect current practice (particularly with respect to MOSAIC) and should be re-read in its entirety. Please re-reference.
Education of Looked After Children/Personal Education Plans (PEPs) This chapter has been updated to update and refresh the links to statutory guidance.
Death or Serious Injury to a Looked After Child This chapter has been amended to reflect that from 29 June 2018 local authorities in England must notify the national Child Safeguarding Practice Review Panel within 5 working days of becoming aware of a serious incident.
Health Care Assessments and Health Plans A new Section 3.4, Consent to Health Care Assessments has been added. This distinguishes between key issues such as age of the child and competency. Please reference.
Matching Children with Foster Carers Policy This chapter has been reviewed and adjusted throughout; it should be re-read in its entirety.
Adoption Panel This guidance has been reviewed and updated following the introduction of the General Data Protection Regulations (GDPR) and Data Protection Act 2018.
Relinquished Children Section 5, Consent and Competency was updated to include additional information on parental capacity to consent, in line with High Court case-law.
Adoption Case Records

Section 3, Security, Retention and Sharing of Records has been updated in line with Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018, which provides that an adoption agency may disclose an adoption case record to another adoption agency for purposes related to either agency’s functions as an adoption agency.

Further information was added in relation to adoption records where an Adoption Order is not made. Please reference.
Inter Country Adoption Section 8, Home Study has been updated to include a link to GOV.UK Benefits.
Leaving Care and Transition This chapter has been updated to reflect the provisions of the Children and Social Work Act 2017 and 3 new statutory guidance documents which require local authorities to offer Personal Adviser support to all care leavers up to the age of 25. A link to Lincolnshire’s Local Offer is also added. (See Related Local Guidance). A new section on Unaccompanied Asylum Seeking Children (UASC) and Victims of Trafficking has been included. Please fully re-reference.
Visits to Children Section 4, Frequency of Visits has been revised to set out more clearly the circumstances where visiting requirements differ from those set out and identified as ‘standard’ and normal frequency (see Exceptions to the Standard Visiting Requirements). A new Section 11, Consequence of Visits has been added.

Recording with Care Guidance

This chapter has been amended to reflect a key aspect of the General Data Protection Regulations (GDPR) and Data Protection Act 2018 (see Section 4, General Principles).
New Chapters and Features
Chapter Name Details
Secure Accommodation (Criteria) Reviews This chapter details the process and practice for secure accommodation criteria reviews. Importantly, these reviews should be considered and kept as distinct from the ‘welfare’ Looked After Reviews process – particularly the chair. The chapter also includes conducting the review and preparing for the review. Please read.
Deprivation of Liberty

This chapter applies to all social care practitioners carrying out any social care function with children who are receiving care or treatment in any setting. The level of deprivation is not comparable to the level of restriction normally placed on a child or young person of that age, or in all circumstances the child is over 12, and constitutes a breach of Article 5 of the Human Rights Act.

This is a LIVE online resource; updated by tri.x as and when it needs to be in response to changes in legislation, case law and best practice. Please reference when required.
The Mental Capacity Act 2005

This resource seeks to support practitioners working in statutory social care and provider services to understand the Act and practice confidently when supporting young people to make decisions, assessing mental capacity and applying the Best Interests principle.

This is a LIVE online resource; updated by tri.x as and when it needs to be in response to changes in legislation, case law and best practice. Please reference when required.
Protocol for Transition from Children's Services to Adult Housing Related Support and (Semi) Independent Living

‘The purpose of this document is to define the arrangements that need to be in place within the Local Authority, (primarily between Children's Services, Adult Care and Community Wellbeing, and District Councils but also including other stakeholders such as Department for Work and Pensions), in relation to when a young person soon to turn, or already, 18 years of age, or 21 years if a care leaver, is receiving support within the Children's Services Commissioned Youth Housing contract’.

This chapter reflects the DfE guidance on Corporate Parenting and reflects the 7 Principles.

The chapter identifies the responsibilities of a range of statutory bodies within Lincolnshire, especially District Councils/Housing Authorities. A section helpfully covers ‘The Single Gateway’ for care leavers, (see section 5) and describes the referral processes. The chapter also contains a number of helpful contacts and a process Flowchart (see Appendix 1). Please reference.

Next update: June 2019


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