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Contents

1. Introduction
2. Planned Applications
3. The Family Meeting/Family Group Conference
4. Pre-proceedings Documents
5. Immediate Action to Safeguard the Child

1. Introduction

The core assessment forms the central part of the evidence supporting any application that the local authority may make for a care or supervision order under section 31 of the Act. Local authorities must ensure that an up to date core assessment is available in relation to any child who is the subject of a section 31 application under the Act.

The plan for the care of the child should be based on findings from the initial and core assessments. It should set out the aims of the plan and the intended outcomes for the child, informed by the findings from the assessments i.e. the identified developmental needs of the child and the capacity of the parents to respond to the child's needs in the context of their wider family and environmental context. The structure of the plan should follow the Assessment Framework domains and dimensions in accordance with the Integrated Children's System (ICS) care plan exemplar and be explicit about the services which will be provided by which agency and at what frequency in relation to the dimension headings. The plan should also set out the outcomes which are being sought in relation to the needs and services identified. LAC (99) 29 provides further guidance on the preparation of care plans in applications under section 31 of the Act. Additionally, section 31A of the Act provides that where an application is made, from which a care order might be made with respect to a child, the local authority must within the timetable directed by the court prepare a care plan, and no care order may be made until the Court has considered that plan (section 31(3A)).

Children Act 1989 Guidance and Regulations Volume 1 Court Orders

Chapter 3, page 32, 3.17 and 3.18.

At anytime a case discussion can be undertaken with legal services if legal advice is required. The Lead Social Worker will record in case note using the type 'Legal Case Discussion' and the heading 'legal advice sought'.

Circumstances when an assessment identifies that there are issues about a child and a commencement of Care proceedings may be necessary:

• Initial Assessment- immediate protection with a Section 47 Enquiry following. A Core Assessment will have commenced as part of the s47 enquiry. In these circumstances an Emergency Protection Order will be sought
• At the outcome of a Section 47 Enquiry where concerns are substantiated and the child is judged to be at continuing risk of significant harm
• At the end of a core assessment

In all circumstances the Team Manager will authorise the assessment.

The standard of contents of the Initial and Core Assessment to support the statement and evidence are:

• The summary and analysis shall include reference to what service provision has already been provided to meet the planned outcome for the child's needs, and the reasons for the planned outcomes not being met
• It will evidence the reason for the request for a legal meeting or, in those circumstances where the safeguarding concerns are such that the legal planning meeting will not be undertaken, evidence to support that decision
• The issues that triggered the 'letter before proceedings'
• The needs of the child that are recorded within the child's plan (ICS)
• The risks to the child, that concerns are substantiated and that the child is judged to be at continuing risk of significant harm
• Analysis of what is required to resolve the issues
• The type of placement and carer the child requires (matching needs)
• And analysis of any risks that may be posed by the child in a placement and what measures may be required to minimise/manage those risks
• Analysis of contact requirements
• The views of parents/child(ren's)/carers of the assessment and needs, including that to issue proceedings
• The views of other professionals of the assessment and needs, including that to issue proceedings

2. Planned Applications

The Social Worker and Team Manager will attend the 'Legal Planning Meeting' and present the:

• The Core Assessment
• Completed draft copy of the 'Letter Before Proceedings'
• Genogram

The Legal Planning Meeting will:

• Read the Core Assessment summaries and analysis
• Agree if the 'Letter Before Proceedings' can be issued
• Agree the content of the 'Letter Before Proceedings'
• If the 'Letter Before Proceedings' cannot be issued give reasons and provide advice on implementing the child's plan. This could include changes to the child's plan
• If the letter is to be issued set the date when the case will be presented again for review/monitoring at the legal meeting

Letter Before Proceedings to be issued:

• The Team Manager will complete the letter and distribute to the parent(s)/people with parental responsibility, social worker and legal services
• The social worker will notify the Family Group Conference co-ordinator providing the list of issues (concerns) and proposed resolutions
• The Team Manager will set the date for the meeting with parents and their legal representative and notify legal services of the date and time. A decision will be made as to whether legal services will attend or be give advice by telephone
• The Team Manager will meet with the social worker, parents and parents legal representative to discuss 'Letter Before Proceedings', and as far as possible, agree further action to safeguard the child. The date for the review of the child's plan will be set
• The social worker will ensure that the child's plan in the child's record accurately reflects that which was agreed at the 'letter before proceedings meeting'
• Parents & their legal representative will be provided with a new plan for the child setting out what the parents & local authority will do to safeguard the child and resolve the issues. This will be distributed with a letter from the Team Manager that confirms what action will be taken and what action will be taken by the local authority to safeguard the child if the plan is not followed and the date of the review of the child's plan
• The child's plan and a copy of the letter will be distributed to all professionals who are involved with the child and the family, in particular those that are recorded within the plan as providing services to meet the planned outcomes
• If the child has a s17 child's plan the Team Manager will chair the first review of the plan. A decision as to who will chair subsequent reviews will be made at each review and made in line with progress in meeting the planned outcomes for the child

Letter Before Proceedings not issued:

• Social Worker will make any changes to the child's plan within one working day
• Team Manager will send a letter to the family explaining the outcome of the legal planning meeting. The social worker will discuss the contents of the letter with the family. Consideration must be given to any special requirements for the parents/child including the need for an interpreter
• Social Worker will discuss the option of a Family Group Conference with the family and make the necessary arrangements for the family with the Family Group Conference service. This will be done within 5 working days
• The Team Manager will chair the subsequent review of the S17 child's plan

3. The Family Meeting/Family Group Conference

Family Group Conferences can take place at anytime during the course of the case. It is good practice to use the Family Group Conference service to assist in the delivery of the child's plan.

In these circumstances, whenever possible, the Family Group Conference will take place prior to the social worker's statement and child's care plan being submitted to legal services. The birth family will be offered the opportunity to hold a family meeting with the purpose of:

• Identifying if there is anyone within the family (or friends/community) who can offer support to enable the child to remain with their parent(s)
• Identifying who could look after the child to prevent the child from being placed in a local authority placement
• Identify who wishes to be assessed to look after the child if the child is unable to return to the birth parent(s) or those with parental responsibility
• Make proposal of how the family/friends can assist with the contact arrangements
• Make proposals of how the family/friends can assist with meeting the identified needs within the child's plan

In some circumstances the family may request that a professional who is already involved with their family, chair's the family meeting. However, the family should always be offered the facility of an independent chairperson from the Family Group Conference Service. If this is their preference the Lead Social Worker will contact the Family Group Conference co-ordinator manager within one working day of being notified by the family.

Whenever possible, the FGC minutes, containing the plan, will be given to the Lead Social Worker, family, child/young person (dependent upon age and understanding) and legal services at least two working days before the proposed date of filing to the court. If this is not possible the Family Group Conference co-ordinator will notify the Lead Social Worker of the date of the meeting and reasons for it not taking place prior to the application to the court.

4. Pre-proceedings Documents

The following documents will need to have been prepared and forwarded to the legal department so that the necessary legal application can be prepared:

1. Chronology
2. Initial Social work statement
3. Genogram
4. Kinship viability assessment(s)
5. Any complete kinship assessments
6. Care Plan
7. Core Assessment
8. Initial Assessment
9. Letter before Proceedings

5. Immediate Action to Safeguard the Child

Where there is immediate requirement to safeguard a child the Initial Social Work statement (see 10.3, page 11 The PLO, Guide to Case Management), care plan, genogram (unless this is a new referral with no previous involvement from social care) and the Initial Assessment that led to the decision to make an application  will be forwarded to the legal services for the application to be lodged.

The court will make directions of when the other documents including the Core Assessment will be filed.

Documents disclosed from the Local Authority's records will include:

• The current child's (ICS) plan (s17 child in need plan, child protection plan and Looked After Child Plan)
• The Kinship care assessment(s), viability kinship care assessment(s) or proposed kinship care assessment (for (in those circumstances when the viability assessment has not been completed). The timescale of when each prospective carer will be assessed will be given
• Most recent Strategy Discussion Record
• Most recent Outcome of Section 47 enquiry
• The social worker's and chairperson's report and the child protection plan from the most recent Initial Child Protection Conference/Review of the Child Protection Plan
• Other relevant reports from health, education, Home Office etc. including those presented to the Initial Child Protection Conference/Review of the child's plan, Review of the Looked After Child Plan
• Minutes/plan from the Family Group Conference
• Section 7 & Section 37 report (if one has been completed)
• Any previous orders and judgements/reasons

Other documents may be disclosed upon the request of the court.

End