Amendments

April 2022

Caption: April 2022 amendments
   
Updated Chapters
Chapter Name Details
Capacity and Consent Section 4.3, Consent to the Use of Medication to Suppress Puberty of has been updated to reflect the latest in a string of court cases.
Care and Supervision Proceedings and the Public Law Outline The President of the Family Division has expressed anticipation that, from the end of July 2021, courts will expect that every public law children case will accord with the Public Law Working Group Recommendations to Achieve Best Practice in the Child Protection and Family Justice Systems.
Legal Gateway/Planning Meetings The President of the Family Division has expressed anticipation that, from the end of July 2021, courts will expect that every public law children case will accord with the Public Law Working Group Recommendations to Achieve Best Practice in the Child Protection and Family Justice Systems.
Complaints and Representations The Complaints and Representations chapter has been amended to add information from the Local Government and Social Care Ombudsman's guide for dealing with children's services statutory complaints.
Electronic Recording of Meetings and Conversations Part 1 of this chapter has been updated in line with case-law.
Also, information has been added on recording by employees in a professional capacity, and links added to relevant guidance.
Use of Social Media Sites by Social Care and Safeguarding Staff This chapter has been given a general refresh.
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities This chapter has been refreshed and updated and links added to reports from the House of Commons Library.
Short Breaks The Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review, statutory guidance has been updated. This makes changes in relation to the prohibition on placements of children under 16 in 'other arrangements' (previously known as 'unregulated accommodation'), in line with Regulation 27A Care Planning, Placement and Case Review (England) Regulations 2010 (as amended by Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021).
Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery The Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review, statutory guidance has been updated. This makes changes in relation to the prohibition on placements of children under 16 in 'other arrangements' (previously known as 'unregulated accommodation'), in line with Regulation 27A Care Planning, Placement and Case Review (England) Regulations 2010 (as amended by Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021).
Also, in areas where the ICTG service has been implemented, if the first responder considers a child to be a potential victim of modern slavery, In areas where the ICTG service has been they should refer them to the ICTG service by completing the online referral form.
Decision to Accommodate a Child into Care The President of the Family Division has expressed anticipation that, from the end of July 2021, courts will expect that every public law children case will accord with the Public Law Working Group Recommendations to Achieve Best Practice in the Child Protection and Family Justice Systems.
Placements with Parents The President of the Family Division has expressed anticipation that, from the end of July 2021, courts will expect that every public law children case will accord with the Public Law Working Group Recommendations to Achieve Best Practice in the Child Protection and Family Justice Systems.
Also, The Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review, statutory guidance has been updated. This makes changes in relation to the prohibition on placements of children under 16 in 'other arrangements' (previously known as 'unregulated accommodation'), in line with Regulation 27A Care Planning, Placement and Case Review (England) Regulations 2010 (as amended by Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021).
Out of Area Placements The Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review, statutory guidance has been updated. This makes changes in relation to the prohibition on placements of children under 16 in 'other arrangements' (previously known as 'unregulated accommodation'), in line with Regulation 27A Care Planning, Placement and Case Review (England) Regulations 2010 (as amended by Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021).
Placements Outside England and Wales The Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review, statutory guidance has been updated. This makes changes in relation to the prohibition on placements of children under 16 in 'other arrangements' (previously known as 'unregulated accommodation'), in line with Regulation 27A Care Planning, Placement and Case Review (England) Regulations 2010 (as amended by Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021).
Remands to Local Authority Accommodation or to Youth Detention Accommodation The Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review, statutory guidance has been updated. This makes changes in relation to the prohibition on placements of children under 16 in 'other arrangements' (previously known as 'unregulated accommodation'), in line with Regulation 27A Care Planning, Placement and Case Review (England) Regulations 2010 (as amended by Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021).
Education of Looked After and Previously Looked After Children

This chapter has been updated to reflect the following guidance:

  • Review of Sexual Abuse in Schools and Colleges (Ofsted);
  • Updated Keeping Children Safe in Education;
  • Sexual Harassment In Education - Briefing (House of Parliament Library);
  • Promoting the Education of Children with a Social Worker: Virtual School Head Role Extension;
  • Tackling Child Exploitation: Resources Pack (Local Government Association).
Restrictive Physical Intervention A link has been added to: Guidance: Positive Environments Where Children Can Flourish (Ofsted).
Placement for Adoption Some CoramBAAF forms have been changed / no longer exist.
Adoption Records Some CoramBAAF forms have been changed / no longer exist.
New Chapters and Features
Chapter Name Details
Early Intervention: Policy and Provision (House of Commons Library) A link to this resource has been added.
NICE Guideline: Looked After Children and Young People The guideline covers how organisations, practitioners and carers should work together to deliver high-quality care, stable placements and nurturing relationships for looked-after children and young people. It aims to help these children and young people reach their full potential and have the same opportunities as their peers.
Placements in Other Arrangements This chapter has been added to the procedures manual.

The Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review, statutory guidance has been updated. This makes changes in relation to the prohibition on placements of children under 16 in 'other arrangements' (previously known as 'unregulated accommodation'), in line with Regulation 27A Care Planning, Placement and Case Review (England) Regulations 2010 (as amended by Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021).
YJB and Probation Joint National Protocol for Transitions in England This Protocol is designed to support the planned and safe movement of young people from youth offending teams (YOTs) to the Probation Service when they turn 18.
Adoption Strategy: Achieving Excellence Everywhere A link has been added to this resource.
Next Update: October 2022

October 2021

Caption: October 2021 amendments
   
Updated Chapters
Chapter Name Details
Capacity and Consent Section 4.3, Consent to the Use of Medication to Suppress Puberty has been updated and new Section 5.4, Consent to Life-ending Withdrawal of Medical Support has been added, to reflect High Court judgments. Section 2.1, Consent to Information Sharing has been updated to reflect revisions contained in the statutory guidance Working Together to Safeguard Children.
Contacts and Referrals Guidance contained in this chapter has been reviewed and updated as required to reflect guidance from the refreshed Working Together to Safeguard Children.
Assessments This chapter has been amended to add a new Section 15, 16 and 17 year olds who may be Homeless and/or require Accommodation and reflects the issue of Homelessness and the vulnerability of young people identified in Working Together to Safeguard Children.
Care and Supervision Proceedings and the Public Law Outline This chapter has been updated to reflect Practice Guidance on Special Guardianship (Family Justice Council, June 2020). See in particular Section 9, Expectations of the Local Authority by the Court.

The link has been updated to the SWET (updated April 2021).

Section 2, Pre-Proceedings has been updated to include information in relation to pre-birth assessments and planning where the mother has learning disabilities.
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities This chapter has been amended to reflect the change to a National Probation Service and, in Section 4.1, Requesting an Education, Health and Care Needs Assessment to set out the Devon graduated response to SEND support.
Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery Minor amendments have been made to this chapter in line with the UK's exit from the EEA.
Families with No Recourse to Public Funds This chapter has been amended to take account of the UK's withdrawal from the EU and reflect the UK's exit from the EEA.

It has also been updated to note that the High Court in ST (a child, by his Litigation Friend VW) & VW v Secretary of State for the Home Department [2021] EWHC 1085 (Admin) held that immigration caseworkers, when deciding whether to accept that the applicant is 'destitute or at risk of imminent destitution' are required to 'have regard to the need to safeguard and promote the welfare' of any children involved in the application, in accordance with section 55 Borders, Citizenship and Immigration Act 2009.
Prevention of Homelessness and Provision of Accommodation for 16 and 17 Year Olds who may be Homeless and/or Require Accommodation; and Duty to Refer This chapter has been updated to add a link to Joint Housing Protocols for Care Leavers: good practice advice (DfE and MHCLG) to support the development of joint protocols that can help local authorities to meet the accommodation needs of care leavers (see Section 4, Housing Protocols for Care Leavers).
Relinquished Children This chapter has been updated to reflect case-law setting out lessons for the future in non-notification cases.
Criminal Injuries Compensation Authority Claims for Looked After Children This chapter has been refreshed and a link added to House of Commons Library Briefing Paper: Criminal Injuries Compensation for Victims of Child Abuse.
Placements with Parents This chapter has been amended to reflect that probation services will be delivered by the National Probation Service.
Placements in Residential Care This chapter has been updated to note that, from September 2021, looked after children under 16 years of age cannot be accommodated in unregulated independent or semi-independent placements.
Placements Outside England and Wales This chapter has been updated. In Section 3, Placements in Scotland, Northern Ireland, Isle of Man and Guernsey, additional information has been added in relation to placements in Scotland, in line with a High Court case.
Delegation of Authority to Foster Carers and Residential Workers A new Section 7.4, Consent to Life-ending Withdrawal of Medical Support has been added, to reflect a High Court judgment.
Advocacy and Independent Visitors This chapter has been reviewed and updated throughout.
Education of Looked After and Previously Looked After Children This chapter has been revised. Information on the School Admission Code has been added into Section 6, When a Child Needs or Joins a New School.
Leaving Care and Transition This chapter has been reviewed throughout. In particular Section 6, Pathway Planning has been updated to note that, in relevant cases, immigration status should be included as a separate section on the Pathway Plan. This will help to ensure that young people who have been granted Pre-Settled Status under the EU Settlement Scheme apply to convert this to Settled Status at the appropriate. Pathway Plans should contain clear information about what action needs to be taken by whom and when to ensure that the young person's right to remain legally in the UK is not jeopardised. It has also been updated with a link to Joint Housing Protocols for Care Leavers: good practice advice (DfE and MHCLG) to support the development of joint protocols that can help local authorities to meet the accommodation needs of care leavers. Additional content has therefore been added in a new Section 8, Joint Housing Protocols for Care Leaver as well as Section 7, Reviews of Pathway Plans and Section 13, Where Care Leavers Live or Move to a Different Local Authority Area.
Responsibilities of the Local Authority to Former Looked After Children and Young People in Custody This chapter has been updated to reflect the Section 2.6 Care leavers leaving custody in Joint Housing Protocols for Care Leavers: good practice advice (DfE and MHCLG) 2020 (see Section 3.9, Planning for Release).
Applications for Special Guardianship Orders This chapter has been revised. In Section 12, The Special Guardianship Support Plan, information has been added on the School Admission Code.

Practice Guidance on Special Guardianship published by the Family Justice Council (June 2020). See Section 6.2, Special Guardianship Applications in Care Proceedings and new Section 16, Special Guardianship Orders in International Cases.
Court Reports in Placement Order Applications and Adoption/Special Guardianship Guidance This chapter has been amended to reflect that probation services will be delivered by the National Probation Service.
List of Agency Decision Makers, Designated Managers and Nominated Officers This chapter has been updated to reflect a High Court judgement that consent to life-ending withdrawal of medical support for a child will require an application to the High Court.
New Chapters and Features
Chapter Name Details
Family Justice Resource Hub A link has been added to the Legal Proceedings Section in the Contents List to the Family Justice Resource Hub (ADCS). This hosts a series of practical resources, such as templates, tools and practice guidance, which will be of interest to those working in the family justice system.
Aftercare Under Section 117 of the Mental Care Act 1983 This chapter covers when a child or care leaver is discharged from hospital after having been detained under the Mental Health Act 1983.

May 2021

Caption: May 2021 amendments
   
Updated Chapters
Chapter Name Details
List of Agency Decision Makers, Designated Managers and Nominated Officers These details have been updated.

April 2021

Caption: April 2021 amendments
   
Updated Chapters
Chapter Name Details
Capacity and Consent Information has been added in relation to: a High Court case with regard to consent in the context of the use of medication to suppress puberty (see new Section 4.3, Consent to the Use of Medication to Suppress Puberty), and, NICE Quality Standard: Decision-Making and Mental Capacity. (See Section 6, NICE Quality Standard: Decision-Making and Mental Capacity).
Complaints and Representations Information contained in this procedure has been reviewed and refreshed as required. A link to the National Youth Advocacy Service (NYAS) - Pinpoint Devon has been added.
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities This chapter has been updated. Section 15, Resolving Disagreements has been amended to reference recent case-law holding that, as part of the mediation process, a parent/child/young person is entitled to bring along any supporter they wish, including a lawyer.
Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery Section 11, Further Information has been updated to include a link to Statutory Guidance 'Modern Slavery: How to Identify and Support Victims' and updated 'Assessing age for asylum applicants, Home Office'.
Families with No Recourse to Public Funds This chapter has been fully refreshed and updated to focus on the meaning of 'Public Funds' and the assessment of need under Section 17 of the Children Act 1989 issues including: 'Assessment Considerations', 'limitations on the ability to self-support', 'providing support' and 'ongoing duty to reassess need' etc. (see Section 2, Meaning of Public Funds and Section 3, Role of the Local Authority particularly).
Placements in Secure Accommodation on Welfare Grounds A new Section 10, Use of Inherent Jurisdiction to Authorise a Placement Involving a Deprivation of Liberty When One or More of the Relevant Criteria Under Section 25 Children Act 1989 are Not Satisfied has been added. Section 6, Placements of Children under 13 years has been updated following publication of revised DfE guidance. A revised link was added to Secure Children's Homes.
Notifications of Significant Events This procedure has been updated to reflect the latest Ofsted guidance for social care providers on the types of incident which they consider to be serious and which will therefore require notification to the regulatory authority.
Education of Looked After and Previously Looked After Children This chapter has been updated to reflect changes from the revised Working Together to Safeguard Children (see Section 8.1, Child protection policy and procedures).
Holidays and School Trips In and Outside the UK This guidance has been reviewed and updated throughout. Section 2.3, Insurance Cover has been updated to include details of how to apply for a Global Health Insurance Card (GHIC) which provides access to reduced cost or free medical insurance in the EU, Iceland, Liechtenstein, Norway or Switzerland. Section 2.4, Obtaining a Passport has also been updated to link to reissued Home Office guidance for Local Authorities Children's Services Departments when Applying for Passports on Behalf of Children.
Assessment and Approvals of Foster Carers A revised link has been added to Prepare for a review panel: adopters and foster carers.
Review and Termination of Approval of Foster Carers A revised link has been added to Prepare for a review panel: adopters and foster carers.
Assessment and Approvals of Prospective Adopters A revised link has been added to Prepare for a review panel: adopters and foster carers.
Access to Birth Records and Adoption Records This chapter has been given a general refresh throughout and information added on applying for a copy of a birth certificate online (see Section 2, Access to Birth Records and Section 2.1, Adoption Orders made before 30 December 2005 and an updated link to the IRM in Section 3.2, Adoption Orders made on or after 30 December 2005 in particular).