1.1.3 Children's Services Policy, Values and Principles

SCOPE OF THIS CHAPTER

This document contains the overall policy and strategy for Lincolnshire County Council’s provision of services to children, young people and families and provides the context for all procedures.

Some specific services have their own policy chapters, all of which can be seen in Section 1.1, Introduction of this manual.

It makes reference to other key strategies that support this policy and describes the way in which Lincolnshire County Council’s Children's Services work with children, young people and their families. It is set within a broader context of the Sustainable Communities Strategy and more specifically the Children and Young Peoples Plan to which Lincolnshire County Council’s Children’s Services is a key signatory.

AMENDMENT

This chapter was updated in September 201; Section 1, Children's Services Policy and Strategy should be re read.

1.	Children's Services Policy and Strategy
2.	Recording Values and Principles
3.	Confidentiality Policy Values and Principles
4.	Consultation Values and Principles

1. Children's Services Policy and Strategy

1.1 Introduction

Our Policy is underpinned by a range of legislation and guidance including, but not limited to:

Children Act 1989 & (2004)
Children (Leaving Care) Act 2000
Care Standards Act 2000
United Nations Convention on the Rights of The Child
Human Rights Act 1998
Adoption and Children Act 2002

1.1.1 Our Policy is Informed by and Makes a Contribution to the Strategic Themes of the Sustainable Communities Strategy

Vibrant Communities
Opportunities for good health
Sustainable communities
Good connections
Rich diverse environments
Organisations working together

1.1.2 Our Policy is Informed by the five principles of the Children's and Young Peoples Plan

Principles:

Early Intervention and Prevention
Safeguarding our Children
Aspiration and Well Being
Learning and Achievement
Best Use of Resources

The Successful Delivery of our Objectives will lead to the following Outcomes:

Children and Young People who feel safe and are healthy
Children and Young People achieving their potential
Less children living in poverty
Children and Young People accessing a wide range of cultural, sporting and recreational opportunities so they can make the best of their talents
More parents and carer’s supported and empowered to take responsibility for their child’s outcomes
Communities that are confident and caring where people are able to look after themselves and each other.
Services which are better value for money

1.2 Policy Statement

Lincolnshire County Council takes as its policy statement that which has been adopted by the Children and Young People’s Strategic Partnership

“That every child in every part of the County should achieve their potential”.

Please see Lincolnshire Children and Young People’s Strategic Partnership (CYPSP) for further information.

1.3 Our Strategy

The Council's strategy for children's services is to harness government policy drivers and funding streams to facilitate joined-up working and improved performance, so that the Children's Services can work with other agencies to ensure better outcomes for every child and young person and their families through cost effective systems, structures and partnerships. We will target services sooner to prevent most children from requiring specialist services, whilst concentrating specialist services on children and families most in need, wherever possible meeting their needs in a way which enables them to return to universal or targeted support.

More specifically, policies and processes and services will:

Embrace the notion that every child should reach their potential. They will reflect the full breadth of our activities, including some which are targeted on more vulnerable groups or individuals and some which apply universally
Support an agenda which is preventative, building in protective measures to minimise the chances of harm and promote health, personal development and wellbeing, particularly in relation to those most vulnerable
Encourage use of the Team Around the Child (TAC), which will support early intervention by providing a tool and a process to enable practitioners, to assess needs in children, young people and their families at an early stage. Please refer to the Common Assessment Framework
Assume integrated approaches to the organisation and delivery of activities and ensuring that single policies have an application across a broad range of service activities
Treat the welfare of children as paramount
Take into account the voice of children and young people in assessing local needs and developing services
Be developed and delivered in partnership with others wherever possible including children, young people and families, partner agencies and staff across a range of disciplines and in a variety of roles within children's services
Be sensitive to a belief that parents and other people with parental responsibility should be given every opportunity and encouragement to make plans and decisions for their children
Take account of the child or young person's ethnicity, culture, language, religious beliefs, disability, gender, age or sexual orientation
Enable children to reach their potential
Be developed and delivered by a workforce in whom we have invested, through best ‘Investors in People’ (IIP) practice
Be built on a commitment to providing equal opportunities and developing non-oppressive practice both as an employer and as a provider of services to the public
Sexual health and relationships should be considered a natural part of personal development. Children and Young People should feel confident in being able to discuss such matters and it is the responsibility of Children’s Services to ensure that communication around sexual health and relationships should be encouraged and non-judgemental
Lincolnshire's County Council’s Children's Services will work to ensure these outcomes by working to maintain children within their own families wherever this is possible and consistent with their safety and well-being. Where a child cannot be looked after within their immediate family we will make strenuous efforts to identify potential carers within the wider kinship network of the child. If continuing care within his/her family is not possible we will make every effort to identify suitable alternative carers, reflecting the child's ethnic, religious, cultural and linguistic background, and the child’s disability needs wherever possible and appropriate. We will seek to identify suitable local placements to provide educational and social continuity. We will ensure that no child under the age of 12 years is placed other than in a family placement, unless there are sound assessed reasons for this, and that permanence plans are made for all children within 4 months of their becoming looked after and enacted as quickly as possible. If a young person remains in care we will ensure that they are supported when they leave care at least until they are 21, to give them a positive start to independent living. We will consult with children and young people, their parents and other significant adults about plans to meet their needs and for their care and these plans will be subject to review

2. Recording Values and Principles

Lincolnshire County Council’s Children's Services Recording with Care Guidance, and the council's Information Governance policies and guidance, Records Management and Subject Access to Request Policy provides the context within which records are maintained and stored by Children's Services.

All records held by Children’s Services will be accurate, complete and stored safely. Each record will contain a significant amount of information about the child, and provide the basis for good decision making and to assist colleagues also involved in the case.

Where appropriate, children and their families/carers will be encouraged to contribute to the creation of their records, and files/records will be easily accessible in all formats.

Lincolnshire County Council’s Children’s Services will ensure that:

Information on customers, held in files, will be stored safely and securely in line with the Data Protection Act 1998
Closed files are retained and stored for the appropriate period of time and destroyed in a timely manner in accordance with the provisions of the Records Management Document Retention and Disposal Police
Children, young people and their parents where appropriate, are encouraged to contribute their views to be recorded on file
Children, young people and their parents where appropriate, are encouraged to access their file
All policies on case files/records are publicised
Files / records contain relevant information fulfilling statutory requirements. Relevant standards and actions taken by the Department will be included
Supervision procedures clarify the management responsibilities for each customer, using the recording process within the file

Please refer to the following documents:

3. Confidentiality Policy Values and Principles

3.1 Lincolnshire's Confidentiality Policy

See Lincolnshire County Council Confidentiality Reporting Code.

3.1.1 Staff Obligations

The Council's terms and conditions of employment, issued as part of every employee's contract, and Code of Conduct detail the obligations placed upon the Council staff.

3.2 Confidentiality Values and Principles

3.2.1 Personal Information is Subject to a Legal Duty of Confidence

Personal information held about children is subject to a legal duty of confidence and should not normally be disclosed without the consent of the subject. The exceptions to this are set out in paragraph 2.2.

The legal framework for confidentiality is contained in the common law duty of confidence, the Children Act 1989, the Human Rights Act 1998 and the Data Protection Act 1998.

3.2.2 Disclosure of Confidential Information is Permitted in Exceptional Circumstances

Children's Services has an Information Sharing Policy which provides the context for disclosing information.

Please refer to the Lincolnshire County Council Children's Information Sharing Policy Procedure.

Whilst the general principle is that information obtained about children must be shared with them and not with others, there are exceptions. The public interest in child protection overrides the public interest in maintaining confidentiality and the law permits the disclosure of confidential information necessary to safeguard a child or children.

Disclosure should be justifiable in each case, for example to provide information to professionals from other agencies working with the child, and where possible and appropriate, the agreement of the person concerned should be obtained.

Those working with children must make it clear that confidentiality may not be maintained if the disclosure of information is necessary in the interests of the child. Even in these circumstances, disclosure will be appropriate for the purpose and only to the extent necessary to achieve that purpose.

There may also be situations where third parties have a statutory right of access to the information or where a Court Order requires that access be given.

The circumstances in which information held in records on children and families can and should be disclosed and shared with others with or without consent are set out in the following sections.

In all other cases, where third parties such as advocates, solicitors or external researchers request access to information, this should only be given if written consent is given by the person concerned.

3.2.3 Situations where Disclosure is Permitted Should be Shared with Children Involved

Children should be informed of the circumstances in which information about them will be shared with others. It should be made clear that in each case the information passed on will only be what is relevant and on a 'need to know' basis.

3.2.4 Information should be Disclosed to Colleagues and other Professionals/Agencies on a Need to Know Basis

Sharing information promptly with others working with the same child, or who may need to know, is invariably the key to safeguarding the child's interests.

Therefore, relevant information about children must be shared with colleagues, other professionals or agencies that may have a role to play in their care.

However, the general principle is that information may only be shared on a 'need to know' basis.

For example:

Where professionals are undertaking a Child Protection Enquiry in relation to a child
Where the Police are investigating a criminal offence or require information to help them find an absent, missing or absconded child
Where information is requested in the furtherance of an inquiry or tribunal, or for the purposes of a Serious Case Review

In such circumstances the person to whom the information relates should be informed that records have been requested unless to do so would prejudice the purpose of the request.

Any objections they have should be considered before responding to the person making the request.

Where information or records are passed to others it should be noted and confirmed in writing.

Information may also be disclosed to persons who have a statutory right of access to the information, for example:

Where the Court directs that records be produced or a Children's Guardian is appointed
Where information is requested by Inspectors of the Regulatory Authority (who have specific statutory powers that permit access to records)

Where information is requested by telephone or electronically, great care must be taken to ensure that the recipient is entitled to receive the information requested. Where there is any doubt the information may not be provided without the approval of a Manager.

3.3 Freedom of Information Act 2000

Please refer to Freedom of Information Act 2000.

4. Consultation Values and Principles

4.1 General Principles of Consultation and Participation

Please refer to the Children’s and Young Persons Strategic Partnership Participation Strategy, which sets the framework for participation in which Lincolnshire County Council’s Children’s Services will operate.

Children, young people and parents/ carers should be treated as partners equitably and with fairness.

Everyone involved in the receipt and delivery of services should be consulted about decisions, which may affect them. Children, young people and families should be given the opportunity to explain from their perspective and participate in the assessment, planning and reviews of the child's plan.

This includes children, their advocates, their parents, other significant family members and those charged with providing the service; including managers, staff, carers and professionals or colleagues from other agencies.

This means that people's views should be sought and taken into account in relation to all decisions, which are likely to affect their daily life and their future. Feedback from children, families and significant others should be taken into account.

Different methods of communication should be made available for consultation with children and families, with the use of Advocacy Services if needed.

The older and more mature the child is, the more weight can and should be given to their wishes and feelings. Children / young people should be made aware of why they are involved and what the aim is. They should be told what to expect and their feedback acted on appropriately. Children/ young people should be given the opportunity to attend meetings where appropriate to their age and the type of meeting. Access to information must be allowed when age and/ or ability allows.

Unless there are exceptional circumstances, reasonable steps must be taken in all cases to consult the parents. Exceptions will include where older children with an appropriate level of maturity specifically request that their parents are not consulted and a decision is made to respect their wishes. Detailed guidance on this is set in Section 3, Children who Seek Advice/Treatment Without Consulting Parents or Consent of Consents Procedure.

Consultation should take place on a regular and frequent basis with those who need to be consulted and assumptions should not be made about the inability or lack of interest of those who should be consulted.

Where people have communication difficulties of any sort, suitable means must be provided to enable them to be consulted, including arranging access to advocates, interpreters or representatives who may enable the child’s views to be expressed.

Consultation should be undertaken in a creative manner. Effective facilitation and chairing of meetings is important and language and other communication requirements should be met.

If consultation is not possible or is restricted for whatever reason, steps should be taken to ensure those affected are informed of decisions as soon as practicable after they are made, and an explanation for the decision given, together with the opportunity to make a comment and express their views. If it is then felt that a different decision may have been appropriate, steps should be taken to reconsider the decision.

If decisions are made against people's wishes, they should be informed of the decision and the reasons for the decision should be explained. In these circumstances, the person should be informed of any rights they have to formally challenge the decision, and of the availability of the Complaints or Grievance Procedure.

Children should also be informed of their right to appoint an advocate, and if an advocate is appointed, he or she must be consulted in accordance with the principles set out in this section.

All requirements of children/ young people and families must be taken into account including cultural, linguistic, religious, identity and disability needs.