Child in Need Plans and Reviews
SCOPE OF THIS CHAPTER
This chapter does not apply to children who are the subject of a child protection plan. Where the child is subject to a Child Protection Plan, this will be drawn up in outline at the initial child protection conference and in detail at the core group meeting(s). It will be reviewed by a child protection review conference. Please see the Devon Children and Families Partnership Procedures in relation to the implementation of the Child Protection Plan.
For children who are in receipt of Short Breaks, see also the Short Breaks Procedure.
See also:
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities Procedure
AMENDMENT
This chapter has been reviewed and substantially updated.
1. What is a Child in Need
Section 17 of the Children Act 1989 imposes a general duty on Local Authorities to Safeguard and Promote the Welfare of Children who are 'in need' and to promote the upbringing of such children by their families by providing a range and level of services appropriate to those children's needs. Other agencies have a duty to co-operate with Social Care in carrying out their duty to assess the needs of children and to provide services as necessary.
This child-centred approach is fundamental to safeguarding and promoting the welfare of every child. A child centred approach means keeping the child in focus when making decisions about their lives and working in partnership with them and their families.
The Children Act 1989 defines a Child in Need as in need if:
- He/she is unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for him/her of services by a Local Authority;
- His/her health or development is likely to be significantly impaired, or further impaired without the provision for him/her of such services;
- He/she is disabled.
(Section 17(10), Children Act 1989)
To determine whether a child is 'in need' according to the above definition a Child & Family Assessment will need to be carried out by a qualified social worker. This assessment should be very clear in the analysis as to what the potential implications for the child are, both the short term and the long term, if their identified needs are not met. This analysis will support further decision making should services offered be refused.
Parents' agreement to any social work intervention or to services for their child is necessary. Young people of an age of understanding, particularly those aged 16 or over should be asked for their consent as well.
2. Circumstances where a Child in Need Plan is Made
A Child in Need Plan may be established whenever an assessment identifies the child as having significant needs and where a coordinated response from more than one agency is needed in order for the child's needs to be met. A Child in Need Plan may result from:
- A Child & Family Assessment
- The decision to remove a child from a Child Protection Plan at a Review Child Protection Conference where the child needs multi-agency support to safeguard and promote their welfare;
- The decision at a Child in Care Review that a child will cease to be looked after and the child needs multi-agency support to safeguard and promote their welfare;
- A child being made subject to a Supervision Order as a result of Care Proceedings;
- A child being subject to private law proceedings where a S7 or S37 report is required for court.
3. Withheld Consent
A child 'in need' is one where the Local Authority have completed an assessment which concludes that they would benefit from support and they meet the definition of a Child in Need as set out by the Children Act 1989. If parents or a young person of age of understanding, (particularly those aged 16 or 17) refuse the support offered under the proposed plan there will need to be further consideration as to the potential impact upon the child. In the first instance discussions should take place with the parents and young person regarding their concerns and reasons for refusal, to try and provide reassurance/further clarification. If a suitable alternative source of support is proposed by the parent or young person that will adequately meet the identified need, this should be given due consideration. The Social Worker, in conjunction with other agencies involved, will need to identify how this will be monitored and further discussed with Children's Social Care if this intervention is either not subsequently sourced, or ceases prior to the desired outcome being achieved.
If there is no suitable alternative support identified and consent to provide services under S.17 is refused, the Social Worker and Team Manager will need to hold a reflective case discussion and consider the impact for the child - both in the short term and the long term. The analysis within the assessment should have set out the implications of not receiving the support identified and the focus should be on will this benefit the child or is it a need. If the child would benefit from the support but the impact of not receiving this support will not be significant, then the refusal must be accepted and recorded properly by the Social Worker/Team Manager. If it is a need and "their health or development is likely to be significantly impaired, or further impaired without the provision for him/her of such services" then consideration should be given to undertaking an assessment under S.47. Decisions should be clearly recorded on the child's file including the analysis behind the decision.
Visiting Frequency:
All children who are subject to Child In Need Plans should be visited every 2 weeks. These visits should be purposeful and track the progress of the Child In Need Plan.
4. Child in Need Planning Meetings
Child in Need Planning Meetings will take place within 1 week of a child and family assessment concluding that a package of family support is required to meet the child's needs under Section 17 of the Children Act 1989.
The Planning Meeting provides an opportunity for a child and their parents/carers, together with key agencies, to identify and agree the package of services required and to develop the Child in Need Plan.
All Child in Need Planning Meetings should be attended by the child (depending on age and understanding), parents/carers and those agencies whose potential/actual contribution is recommended as an outcome of an assessment.
The relevant social worker should discuss potential attendees for the Planning Meeting with the child and the parents/carers prior to arrangements being made for the meeting.
It will be important that an appropriate venue suitable for the child and their family are used for the meeting. Consideration must be given to transport, timing and any child care issues. Where a child is attending a meeting and is of school age the meeting should be held outside of school time, wherever possible.
The first Planning Meeting will usually be chaired by the social worker's line manager or Advanced Social Worker.
The social worker is responsible for convening the meeting and arranging invitations.
A note of the meeting will be taken by the Chair. This record will be copied to those involved, including the child and parent/s, who will need to sign their agreement.
Child In Need Planning Meetings should then take place at a frequency of every 6 weeks to ensure the plan is carefully reviewed and the actions are progressing for the child and their family.
5. Child in Need Plans
A Child in Need Plan will be developed in a Child in Need Planning Meeting.
Most Child in Need Plans will envisage that Children's Services intervention will end within twelve months. However, some children and families may require longer term support, for example children with disabilities.
The Child in Need Plan must identify the lead professional, any resources or services that will be needed to achieve the planned outcomes within the agreed timescales and who is responsible for which action and the time-scale involved.
In particular, the Child in Need Plan should:
- Describe the identified developmental needs of the child, and any services required;
- Include specific, achievable, child-focused outcomes intended to promote and safeguard the welfare of the child;
- Include realistic strategies and specific actions to achieve the planned outcomes;
- Include a contingency plan to be followed if circumstances change significantly and require prompt action;
- Include timescales that are not too short or unachievable;
- Not be dependent on resources which are known to be scarce or unavailable;
- Identify the Lead Professional and their responsibilities, including frequency of visits to the child;
- Clearly identify the roles and responsibilities of other professionals and family members, including the nature and frequency of contact by professionals with children and family members;
- Lay down points at which progress will be reviewed and the means by which it will be judged.
The Chair of the Child in Need Planning Meeting is responsible for the distribution of the Child in Need Plan. A copy of the Child in Need Plan should be provided to the parents, child (if old enough) and the agencies or other professionals involved in the provision of services under the Plan.
The Lead Professional will be responsible for implementing the plan including making referrals to appropriate agencies for services as described in the plan.
Where it becomes necessary to make minor adjustments to the plan and services provided, any changes to the plan must be made in consultation with the parents and the child (where appropriate) and key professionals from other agencies.
6. Reviews of Child in Need Plans
(Note: if reviewing a child or young person who has health, disability or special educational needs in a residential home or hospital, please see Placing and Visiting Children with Special Educational Needs and Disabilities or Health Conditions in Long-Term Residential Settings Procedure).
Reviews will be conducted at intervals agreed with the Lead Professional's line manager, which will be at least every 6 weeks unless there are exceptional circumstances when timescales can be longer. This can include disabled children whose circumstances remain consistent and the services provided do not require such a regular review.
If there are significant changes in the family circumstances, an early review should take place.
Any child protection or safeguarding issues which arise during the course of a Child in Need Plan must be responded to in line with Devon Children and Families Partnership Procedures.
The Review will usually be carried out by the Lead Professional, who should invite or seek the views of the child, parents and any service providers. The responsible team will administer all Child in Need Reviews.
The Review will generally take place within a meeting, unless the manager agrees otherwise. The Lead Professional or line manager will usually chair the meeting. If the case is not allocated, the manager of the responsible team must undertake the review or arrange for it to be undertaken on their behalf.
The purpose of the Review is to ensure that the services provided are contributing to the achievement of the objectives within the time-scales set.
The daily lived experience of the child and parent/carer is to be presented and the meeting should clearly identify the child's/young person's and the parent's /carer's needs and strengths as well as their views and feelings which should be recorded in the minutes and form part of agreed plans and actions.
At each review meeting, progress against the action points of the Child in Need Plan will be monitored in terms of the outcomes achieved and how these are being maintained for a period of time.
Meetings will include an assessment of risk. The meeting will agree any modifications needed to the Plan and will set the date for the next review meeting. When the Review concludes that the outcomes specified in the Plan have been achieved or that threshold for level 4 is no longer met consideration will be given to step across to Early Help.
If a Child in Need Plan fails to bring about significant positive change in a child's circumstances or a risk is identified as being significant the professionals involved should discuss convening a Child Protection Case Conference.
Where it is proposed that a complex package of support being provided under a Child in Need Plan should continue beyond 12 months there should be a specific review chaired by the manager of the responsible team. Exceptions to this will be those cases where the plan acknowledges the need for longer term support, for example in relation to children who meet the criteria for a service in relation to a disability.
All decisions made should be recorded on the child's electronic record, together with reasons, and dated.
A copy of the record should be sent to the child (if old enough), parents and all other participants in the Review process.
The outcome of a Review will be:
- That the child is no longer a child in need requiring Children's Social Care Services intervention, which will result in a recommendation to the team manager that the case be closed although the child may continue to receive services from a single agency or under a multi-agency plan not involving Children's Social Care which can include a step-down to Early Help support;
- That the child continues to be a Child in Need requiring the same level of services, resulting in the continuing provision of services and minor amendment, as necessary, of the Child in Need Plan;
- That the child appears to be at risk of significant harm, resulting in the need for a strategy discussion/meeting and possible section 47 enquiry.
Where the outcome of the Review is an amendment to the Child in Need Plan, the Lead Professional should circulate a copy of the amended Plan to the child, parents, and other agencies/professionals involved in providing the services set out in the amended Plan, including any new services to be provided.
7. Chairing a Child in Need Meeting
To ensure a successful meeting the Chair should consider the following Family Led Meeting key points to consider:
Reflective:
- Where feels safe for the family?
- When is best for the family?
- Who needs to be there?
- How and when is new information best shared?
Relational:
- Who's best sharing?
- Who knows the child(ren) best?
- Who understands the impact on the child best?
- Always the same?
- Appreciate the confidence it takes to share sensitive or risk information;
- Would a check-in help? These can help people participate if they don't know each other well.
Respect:
- Be open and honest;
- What is appropriate and proportionate to share? Is it safeguarding information.
Resilience:
- Bitesize planning;
- What part of the plan do the family want to start with?
- Any information still to share?
Responsibility:
- Who's best chairing?
- Who does the child/family feel is best?
- Who has the best relationship with the family?
- Always the same?
- Ask:What? How? Who? Rather than why?
- Facilitate the exchange of information and the inclusion of all those attending the meeting;
- Facilitate the participation of parents, carers, children and young people, whether or not they attend including presenting the lived experience of the child and parent/ carer;
- Ensure the meeting follows the agenda and that the meeting keeps to time;
- Help members to interpret the information and focus on the relevant issues;
- Manage any conflict and facilitate discussion of opposing views;
- Encourage clear, jargon free communication and challenge the evidential base of any judgements given;
- Summarise regularly to ensure all involved are aware of what is happening. The chair should have an understanding of Child in Need issues and knowledge of the child protection procedures.
It is the primary role of the Chair to ensure the meeting is managed safely and effectively and that the focus remains on the child's safety and welfare. The impact of concern and risk for the child must be considered at all times.
8. Child in Need Visits
Visits to children subject to a Child in Need plan must be visited at least once every two weeks. The child must be seen and spoken to alone and observations recorded. Visits should include the following:
- Purpose of Visit (e.g. visit in line with current plan to monitor child's progress and well-being);
- Child's Comments including their views and wishes;
- Childs Welfare (e.g. Childs happiness/appearance/mood/behaviour);
- Parent's Comments (e.g. any requests/comments made);
- Report of Visit Progress of CIN Plan including Headings below:
- Health: (e.g. any health/development concerns/injuries/hospital or GP contacts);
- Education: (e.g. any school issues/care arrangements if not in school).
- Standard of Care & Support Networks (e.g. physical standards/emotional care/quality of interactions/help received, has the child's bedroom been seen?);
- Analysis of visit & Actions.
9. Children in Need Moving to Another Authority - Principles
This section deals with children who are subject to Children in Need Plans and who move to another local authority. The principles apply to local authorities in the circumstances of both transferring out and receiving in Children in Need.
In a number of situations, children and their families moving to another local authority offers a positive option. However, and particularly where children and their families may have moved on more than one occasion in a short space of time, any assessment should consider whether the child is subject to trafficking or modern slavery (see Assessments Procedure).
For Children Looked After see Out of Area Placements Procedure.
- When a Child in Need moves from one local authority area to another, the Children Act 1989 is clear that the responsibility for safeguarding and promoting the welfare of the child lies with the local authority where the child is to be found;
- Given the child has already been identified as having particular needs or is vulnerable in some way, urgent consideration / assessment should be given as to the impact of the move for the child in respect of their vulnerability, for example, through changes in the protective factors, increased risk with known perpetrators or whether they might be subject to trafficking or modern slavery;
- Given the circumstances, and in line with the above, a timely response should be made with regard to levels of assessed risk;
- The parent/carer should be made aware of their responsibility to ensure the child receives appropriate education and health support in the area they plan to move to, together with any other specialist service required for the child;
- The social worker should assist and promote the family accessing relevant and appropriate services with regard to meeting the child's needs. Any deficits in services to meet specific needs by the receiving local authority should be noted;
- The local authority Children's Social Care Services where the child and family are moving to should be formally notified and all relevant information should be shared:
- Social work assessment;
- Child in Need Plan;
- Minutes of latest Child in Need Review;
- A summary / case report.
- Parent / carer's permission should be sought to share this information with the receiving local authority in line with Information Sharing: Advice for Safeguarding Practitioners.
However, the Data Protection Act should never be a barrier to 'sharing information where the failure to do so would result in a child or vulnerable adult being placed at risk of harm' or indeed on those occasions where seeking consent might increase the risk of harm.
Otherwise, the social worker or team manager, should consider seeking advice from their Legal Services; - The social worker should ensure that other agencies involved in the Child in Need Plan are made aware and prepared to ensure that their relevant information is shared as soon as possible with their respective counterparts in the area the family have moved to, (for example school and GP records, etc.);
- The social workers and team managers of the respective authorities should ensure there is clear and good communication during any transition and any risks are clearly communicated and understood.
Where possible, the social worker should seek to meet their counterpart and where geography allows, to consider a joint visit and attendance at the Child in Need Meeting, so that the issues can be fully shared. The process should reflect the family's needs and any associated risks; - Where there is dispute about case responsibility; delay in the receiving local authority accepting responsibility of the case, or a dispute about Children in Need thresholds, the team manager should promptly notify the Service Manager who should make a decision regarding next steps, including, where necessary, to take legal advice;
- The family should be kept informed of any respective responsibilities during a transition stage and when the receiving local authority, (where the family reside), take full responsibilities.
- Receiving local authorities should seek to convene a Child in Need Meeting within 20 working days of the family being resident in their area and include all relevant agencies and, where possible, the social worker and other specialist staff where the child and family have moved from;
- All actions, decisions and arrangements should be fully recorded on the child's case record during this process. This should include management decisions, which should identify the rationale for any decisions made, especially where specific services cannot be provided and/or it is considered the child is no longer a Child in Need;
- Until the receiving Local Authority has formally accepted responsibility for the child/ren the responsibilities for visiting and reviewing the Child In Need Plan remains with the originating Local Authority.