1.1.1 Policies, Values and Principles (Values)

Contents

1.	Child Care Policy and Strategy
	1.1	Introduction
	1.2	Our Vision
	1.3	Our Strategy
2.	Recording Values and Principles
3.	Confidentiality Policy, Values and Principles
4.	Consultation Values and Principles

1. Child Care Policy and Strategy

1.1 Introduction

This policy sets out the framework within which Children's Services work with children, young people and their families. It is underpinned by a range of legislation including, but not limited to:

• Children Acts 1989 and 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.

The policy framework also has regard to and is consistent with a range of government guidance, particularly the principles set out in Working Together to Safeguard Children.

It is largely directed towards the work that Children's Services undertakes with Children in Need and Looked After Children; which is carried out in partnership with all sectors of the Local Authority and with other statutory, independent and voluntary sector services.

1.2 Our Vision

Our Vision for children's social care in Devon is to have a service which:

• Thinks child, thinks family, thinks community;
• Has safeguarding children as its core priority;
• Maximises the life chances of children, young people and their families;
• Sees good practice as standard practice;
• Provides an effective multi-agency social care response which is centred around the child and links appropriately with education and health care services;
• Is dynamic and has capability, capacity and flexibility to respond to the needs of children and their families in the most appropriate and effective way;
• Provides a supportive environment to all staff to create a confident and resilient workforce;
• Maximises the time spent by frontline staff to work directly with children and families;
• Reflects the diversity of children and communities in Devon.

Key Outcomes

This can be summarised under 5 key outcomes for children and young people:

• Being healthy.

All children and young people have the right to have their physical and mental health safeguarded and promoted. They also have the right to live a healthy lifestyle.

• Being safe.

All children and young people have the right to be safe and secure, protected from harm and neglect, and to live in an environment that enables them to develop to their full physical, mental, spiritual, moral and social potential.

• Enjoying and achieving.

All children and young people have the right to the best possible education and training which meets their identified needs and equips them to live full adult lives. They also have the right to time and support to pursue appropriate leisure interests, especially children acting as young carers.

• Making a positive contribution.

All children and young people have the right to family life wherever possible and to be supported to take part in community life. They have the right to a continuity of care wherever possible and to develop and preserve their own identities. They also have a right to information and to make choices about their lives, having regard to their age and understanding. Through this they will be enabled to make a positive contribution to the community and to society.

• Economic well-being.

All children have the right to live above the poverty threshold and to be equipped with the skills and knowledge that will help them overcome socio-economic disadvantage where necessary.

Key Principles

Consideration of children's welfare and best interests will always be at the centre of our work.

Children's Services will work to ensure the above outcomes by working to maintain children within their own families, and facilitating services to support these arrangements, wherever this is possible and consistent with the child's safety and well-being.

Where a child cannot be cared for within his or her immediate family, we will make strenuous efforts to identify potential carers within the wider kinship network of the child who are able and willing to care for 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 wherever possible and appropriate. We will seek to identify suitable local placements to provide educational and social continuity

We will ensure that children who are looked after are placed in approved placements, suitable to meet their needs and that, wherever possible, siblings are placed together. For younger children, they will be placed in a family placement unless there are sound assessed reasons why residential care is the preferred option.

We will ensure that permanence plans are made for all looked after 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, their parents and other significant adults about plans for their care and these plans will be subject to independent review. We will also consult about the services we provide and ensure that children have access to advocacy services that will assist them in being heard.

1.3 Our Strategy

The strategy for Children's Services is to harness government policy and funding streams to improve performance, so that we can work with other agencies to ensure better outcomes for every child and his or her family through cost effective systems, structures and partnerships - through targeting services to prevent most children from becoming children in need, whilst concentrating specialist services on children most in need to give them the best possible life chances.

2. Recording Values and Principles

1. National Policy
2. Legal context
3. Devon context
4. Security and Confidentiality
5. General principles of Recording
6. Integrated Children's System
7. Electronic Social Care Record
8. Recording Standards - Referral Co-ordinator
9. Recording Standards - Care Manager
10. Recording Standards - Practice Manager
11. Recording Standards - Other Managers
12. Visits to children/ young people
13. File Quality Audit
14. Learning and Development

1. National Policy

• Integrated Children's System;
• Electronic Social Care Record;
• Working Together;
• Common Assessment Framework for Children in need and their families;
• Write Enough (DfES);
• Recording with Care: SSI Inspection of case recording in social service departments (DoH 1999).

2. Legal Framework

• Children Act 1989;
• Children Act 2004;
• Data Protection Act 1984;
• Human Rights Act 1998.

3. Devon context

Recording is a core skill. It is a dynamic tool and an essential and integral part of all service delivery. It is a means by which staff can be accountable for their actions on behalf of the Service, including professional, financial and legal decisions.

Good quality recording will reinforce good quality practice, promoting equal opportunity, diversity and social inclusion. Good quality recording allows Children’s Services to be confident about their actions when held accountable to the child / young person, their family or carers, partnership agencies, auditors and inspectors.

Case recording is the written account of the social care service's work with or on behalf of a child / young person, their family or carers.

Recording includes descriptions, analysis and professional judgement. It is essential therefore that a distinction is made between fact and opinion and third part contribution.

The allocated social care worker has a professional responsibility to ensure that all information about a child / young person and their family is appropriately, accurately and timely recorded on the correct electronic or paper record. The social care worker also has the responsibility, wherever it is appropriate, to share what they have recorded with the child / young person and their family or carers.

It provides a permanent record of all the information gathered, services delivered and the involvement of the child/ young person and their family/ carers.

There is an explicit expectation that recording is a core function of social care work.

Recording is a tool to gather information for strategic planning and reporting to government.

Recording is undertaken by all practitioners and managers.

All records are the property of Devon County Council.

4. Security and Confidentiality

Article 8 of the Human Rights Act 1998 gives everyone the right to respect for their private life, their home and their correspondence. All public authorities must respect this in all their actions including when gathering and processing information relating to individuals. By ensuring proper procedures are put into place, Children and Young People's Service will be able to show that service users' right to privacy is being respected.

The Data Protection Act 1998 implements the European Directive on the protection of individuals with regard to the processing of personal data, and on the free movement of such data. It also gives effect to the judgement of the European Court of Human Rights concerning the right to access social work records.

The Data Protection Act 1998 repeals the Data Protection Act 1984. It also repeals the Access to Personal Files Act 1987 and most of the Access to Health Records Act 1990. Repealing this legislation in effect creates a single regime of access for social work records. The Data Protection Act 1998 enhances the rights of the data subjects in gaining access to information about themselves and as such Public Authorities who have well maintained records will find it easier to comply with the requirements of the Act.

5. General Principles of Recording

• Recording is a professional activity which is central to good social care practice;
• Service users should be made aware that records are maintained and are accessible to them. Where possible and practicable, service users should be given the opportunity of contributing to their own records;
• Records will hold information which is correct and up-to-date;
• Records will show what decisions have been made, by whom and on what basis;
• All recording will be brief, clear and concise using simple language which can be understood by children, young people and their families;
• All handwritten records will be  legible and be easy to read;
• All records will be dated and signed by the author;
• All important decisions, including those taken in supervision and/or panels will be recorded on the file showing who has taken the decisions, and making it possible to track the decision making process.

6. Integrated Children's System -

Text to follow.

7. Electronic Management System

CareFirst provides the framework for recording tools for Children and Young People's Service. A suite of e-forms has been developed to record the main activities of social work including assessments, reports to conferences and reviews, care plans and care plans.

8. Recording Standards - Referral Co-ordinator

• A separate record for each child/young person referred will be completed;
• As much core data as is possible to collect must be recorded at an early stage. All information will be recorded on the child/ young person's electronic file (CareFirst);
• Careful attention will be given to accurately recording first and last names which is the child's legal name;
• All other names the child is known as will be recorded as aliases and cross referenced with their legal name;
• Recording must be without spelling errors, acronyms and abbreviations;
• When recording a person's name, their profession / relationship to the child must also be recorded.

9. Recording Standards - Care Manager

• The following core data must always be up to date on the electronic and paper file:
  • Child's full legal name;
  • Any aliases the child is known as;
  • Date of Birth;
  • Address;
  • Names and details of people with Parental Responsibility;
  • Names and details of siblings;
  • Name of GP;
  • Name of school;
  • Names of other professionals working with the child.
• The allocated worker is responsible for ensuring the electronic record holds the most up to date information regarding a child / young person and their family;
• The allocated worker must check and update data as necessary on any paper files in respect of the child / young person;
• The allocated worker is expected to read the file (both electronic and paper) for which they are responsible and ensure the development of good quality recording;
• Recording must be recorded on the correct electronic or WORD template form;
• All sections of forms will be completed to ensure a comprehensive record is held on the child/ young person;
• Reports for statutory reviews will be completed five days prior to the meeting;
• Reports for child protection reviews will be completed five days prior to the meeting;
• Day-to-day case records will be written up within one working day of the event (The emergency duty service will complete written records by 9am of the next working day);
• Recording must be without spelling errors, acronyms and abbreviations;
• When recording a persons name, their profession / relationship to the child must also be recorded.

10. Recording Standards - Practice Manager

• When a practice manager authorises e-forms the authorisation is a declaration by the practice manager that the record meets the standards and requirements set out in this policy, and that the quality of the work, and the recording, is of a high standard;
• Reports for meetings and proposed plans must be authorised by a manager before being sent to the independent reviewing unit, authorising the Report has been produced to an acceptable standard;
• Practice managers evidence the monitoring of recording practice in supervision, and through regularly reviewing, that a good quality of recording is being achieved;
• Supervision records relating to a individual child / young person must be held on the file;
• All decision making by the practice manager outside of supervision regarding a child/ young person must be recorded and held on the file;
• The practice manager is expected to read the electronic file and the paper case file as part of the file audit;
• The practice manager must record, on the e-form  Managers Record, how the case is going to be managed in the long term absence of the allocated worker and place a copy on the front of the child's paper file;
• Recording must be without spelling errors, acronyms and abbreviations;
• When recording a person's name, their profession / relationship to the child must also be recorded.

11. Recording Standards - Other Managers

• All decision making by a manager regarding a child/ young person must be recorded on the e-form Managers Record and held on the file;
• Recording must be without spelling errors, acronyms and abbreviations;
• When recording a person's name, their profession / relationship to the child must also be recorded.

12.Visits to children/ young people

All visits to children must be recorded using CareFirst e-form. The recording of visits will provide evidence to meet statutory requirements for Children in Care and Children on the Children subject to a child protection plan.

All visits to children/ young people must be recorded on the relevant form outlining:

• Date of visit;
• Purpose of visit;
• Outcome of visit;
• Bedroom seen;
• If the child/ young person was seen alone.

The worker should have a clear understanding of why each visit is being undertaken as well as the frequency of visits required.

The ongoing case record

This section is the key to the whole file and provides the chronological progress of the case. Case recording is held in CareFirst 'under observations'. It will refer to other documents and reports held in other parts of the file, but will not need to duplicate the content of these.

Some events will be recorded in full on the record sheet, while other significant records, held elsewhere in the file (assessments, reviews, etc.) will be referred to.

Deciding what will be recorded in full on the record sheet, and what will be recorded as part of another document, (assessment report to review etc.) will be a matter of balance and professional judgement between the worker and their manager.

13. File Quality Audit

Practice Managers and Operation Managers will continue to audit files regarding the quality of key processes including the quality of recording.

The audit process will monitor that the electronic and paper file.

The data quality reports will audit core data held in the electronic social care record.

14.Learning and Development

A one day recording skills course has been implemented to improve performance. This one day course is mandatory for all Early Years and Families staff that record on the child's file.

Other relevant Devon County Council polices

• Complaints and Representations Policy;
• File retention policy;
• Core data sets and reports;
• File Quality Audit policy.

3. Confidentiality Policy, Values and Principles

Each of the following values is summarised.

1.	Children's Services Confidentiality Policy
2.	Confidentiality Values and Principles
	2.1	Personal information is subject to a legal duty of confidence
	2.2	Disclosure of confidential information is permitted in exceptional circumstances
	2.3	Situations where disclosure is permitted should be shared with children involved
	2.4	Information should be disclosed to colleagues and other professionals/agencies on need to know basis
3.	Freedom of Information Act 2000

1. Children's Services Confidentiality Policy

1.1 Introduction

Children's Services recognises its common law duties to safeguard the confidentiality of all personal information.  Wherever disclosure of confidential information to another person or organisation is being considered, a check will always be made to ensure that such disclosure is lawful.

All Council staff must be made aware that the DPA applies to the processing of all personal data, both in paper and electronic records.  Where disclosure is proposed, and there is any doubt as to whether the DPA applies or whether only the common law of confidentiality applies, advice will always be sought, from the Council's Data Protection Officer and/or Legal Services.

The Council will always record its reasons for deciding not to observe any duty of confidence it owes to a person who is the subject of information disclosed.

E-mail messages sent via the Internet can be intercepted, read and changed relatively easily.  Consequently, Council staff will not use the Internet to pass on personal identifiable information about service users unless a secure or encrypted connection is in place.

1.2 Staff Obligations

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

Staff employed with the Council will come into contact with confidential information/data relating to the work of the Council, its service users and other staff.  Staff are bound by their conditions of service to respect the confidentiality of any information that they may come into contact with and under no circumstances should such information be divulged or passed to any persons or organisation in any form unless such disclosure is authorised under this policy.

Any unauthorised disclosure of confidential information by Council staff may result in disciplinary action. Staff may also face prosecution under the Data Protection Act 1998.

Where Council staff misuse confidential information, e.g. disclose their password to someone else or use someone else's password to gain access to systems, they could face disciplinary action that could lead to dismissal.  They may also be prosecuted under the Computer Misuse Act 1990.

Managers must ensure that confidentiality is discussed with all new employees, as part of their induction.  It is recommended that staff acknowledge that they have taken note of the contents of this policy.

Volunteers and work experience students must also have their role in maintaining confidentiality made clear by the member of staff responsible for them and must be aware of and adhere to this policy.

1.3 Commercial Confidentiality

Some Council staff may have access to commercial information, agreements or contracts.  This information must be treated as confidential, and only discussed/disclosed where this forms part of the employee's remit within the organisation.  Staff should consult their manager if they are in any doubt.

1.4 Research, Audit and Monitoring

Access to confidential information or anonymous data may be sought for research, audit or monitoring purposes, either by other Council areas or by outside organisations or public bodies.

Internal requests related to research projects must be approved and a formal submission will be required.

All external requests or enquiries may need to be directed to the Data Protection Officer for clarification or Legal Services for their approval.

1.5 Press Interest, Police and Legal Enquiries

All media enquiries should be referred to the Chief Executive via the press office.

The Police do not have automatic rights to personal information held by the Council about service users.  The matter should always be referred to a manager and/or the Data Protection Officer/Legal Services.

Any requests for access to confidential information held by the Council for the purpose of any legal proceedings must be referred to the Council's Legal Services. A Court Order is required in order to release such information for legal proceedings.  Verbal or written requests from lawyers are not sufficient. Staff should also seek advice from their manager and, where advised, the Data Protection Officer to ensure that correct action is taken.

2. Confidentiality Values and Principles

The following is a summary of the Practitioners Guide to Information Sharing which has been published by the DfES, the full text of which can be accessed on the Department for Education website.

There is additional guidance in ‘Information Sharing: Further Guidance on Legal Issues’) and ‘Information Sharing: Case Examples’ (which can be found at the Department for Education website.

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 below.

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.

2.2 Disclosure of confidential information is permitted in exceptional circumstances

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 or if a Court Order requires it.

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.

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 Section 47 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. Freedom of Information Act 2000

The Freedom of Information Act 2000 came into force on 1 January 2005.

Under the Act anybody may request information in writing or via e-mail from a public authority (which includes all local authorities) and must receive a response within 20 working days.  The Act confers two statutory rights on applicants:

• To be informed in writing whether or not the public authority holds the information requested; and if so;
• To have that information communicated to him/her.

The Act applies to all information whether recent or old.

The Act sets out 23 exemptions from rights of access to information.  If the information is exempt, there is no right of access under the Act.

One exemption relates to personal information.  This means that an application for personal information under the Act is exempt and will not therefore be dealt with under the Act.  A person's right of access to such information must still be dealt with in accordance with the Data Protection Act 1998. The procedure is set out in the Access to Case Records Procedure.

Another category relates to information provided in confidence where disclosure would involve an actionable breach of confidence. This would include information provided by a member of the public about a child protection issue where the provider has provided the information on the basis that anonymity will be maintained.

The Act therefore does not change the legal position into the principles of confidentiality set out in paragraphs 2.1 to 2.4 above.

4. Consultation Values and Principles

4.1	General Principle of Consultation
4.2	Management Consultation
4.3	Legal Consultation

4.1 General Principles of Consultation

Everyone involved in the receipt and delivery of services should be consulted about decisions, which may affect them.

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.

The older and more mature the child is, the more weight can and should be given to their wishes and feelings.

Unless there are exceptional circumstances, reasonable steps must be taken in all cases to consult the parents.  Exceptions will include where a child is placed for adoption and 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. 

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 or representatives who may speak on their behalf.

Consultation should be undertaken in a creative manner.

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.

4.2 Management Consultation

Unless otherwise stated in specific procedures in this manual, it is assumed that people working in this organisation will take reasonable steps to keep their managers informed of their actions; and will consult and seek their approval where they do not have decision making responsibility delegated to them.

In order to facilitate this, managers must ensure that effective lines of communication are established and maintained.

If procedures in this manual require that managers are informed within specified timescales or their approval is sought before actions are taken, this must be complied with.

4.3 Legal Consultation

It is assumed that, in following these procedures, social workers and/or their managers will seek legal advice as appropriate before taking any action and/or making decisions, which will or may change the legal status of a child or decisions which do not have parental consent.  This is particularly so in cases where emergency action is being considered.

In order to facilitate this, managers must ensure that effective lines of communication are established and maintained between Children's Services and the Council's Legal Advisers, and that workers are aware of who may authorise contact, who may have contact and how contact should be made.

End