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Amendments

2024

January 2024

Aftercare under Section 117 of the Mental Health Act 1983

Section 2, Ordinary Residence was updated in January 2024 in line with case law.

Family and Friends Care

Section 4, Different Situations whereby Children may be Living with Family and Friend Carers was updated in January 2024 to include information about Ukrainian children being cared for my family and friends in the UK.

Ofsted Inspection Framework

This chapter was added to the manual in January 2024.

Supporting the Education and Promoting the Achievement of Children with a Social Worker, Looked After and Previously Looked After Children

This chapter was refreshed in January 2024.

Placements in Residential Care

In January 2024, this chapter was updated to include information from Guidance - Placing Children: Deprivation of Liberty Orders - guidance for providers, social workers and placement commissioners on placing children, subject to a deprivation of liberty order (DoL), in unregistered settings and President of the Family Division Practice Guidance: Placements in Unregistered Children's Homes in England or Unregistered Care Home Services in Wales.

Placements in Other Arrangements

This chapter was updated in January 2024 to include information in the scope box from recent Ofsted Guidance around recruitment.

Health and Safety

In January 2024, additional information was added about online safety.

Early Permanence: Fostering for Adoption, Concurrent Planning and Temporary Approval as Foster Carers of Approved Prospective Adopters

In January 2024, this chapter was refreshed and a link added to National Early Permanence Practice Standards (Coram Centre for Early Permanence).  

Young Carers

This chapter was refreshed in January 2024.

Families with No Recourse to Public Funds

Section 5.2.5, Providing Support was updated in January 2024 to reflect the Home Office increase in financial support to individuals waiting to find out if they will be given asylum in the UK.

Local Authority's Sufficiency Duty - Accommodation for Cared For Children

In January 2024, this chapter was updated to include Sefton Council: Cared for Children Sufficiency Statement in the Local Guidance. 

Care and Supervision Proceedings and the Public Law Outline

In January 2024, information was added into Section 4, Care Orders and Supervisions Orders on a Care Plan of the Child Remaining at Home in relation to Supervision Orders, in line with Public Law Working Group (PLWG) Recommendations to Achieve Best Practice in the Child Protection and Family Justice Systems: Supervision Orders.

Placements in Secure Accommodation on Welfare Grounds

Section 10, Use of Inherent Jurisdiction to Authorise a Placement Involving a Deprivation of Liberty was updated in January 2024 to include information from Guidance - Placing Children: Deprivation of Liberty Orders - guidance for providers, social workers and placement commissioners on placing children, subject to a deprivation of liberty order (DoL), in unregistered settings and President of the Family Division Practice Guidance: Placements in Unregistered Children's Homes in England or Unregistered Care Home Services in Wales.

Children and Young People Aged 0-25 with Special Educational Needs and Disabilities

This chapter was amended in January 2024 to include information from Special Educational Needs and Disability: Improving Local Authority Decision Making - Report of the Administrative Justice Council's Working Group on Special Educational Needs and Disability.

2023

July 2023

Children and Young People Aged 0-25 with Special Educational Needs and Disabilities

In July 2023, this chapter was updated to include information from Guidance: Area SEND Inspections Framework and Handbook (November 2022). Also, Sefton's Local Offer was added into Section 3, Local Offer. Information in relation to legal aid for foster carers and prospective adoptive parents in First Tier Tribunal appeals was also added into Section 15, Resolving Disagreements.

Care and Supervision Proceedings and the Public Law Outline

Section 8, Court Hearings was updated in July 2023 in line with A View From the President's Chambers: Relaunching the PLO (November 2022) and that section should be re-read.

In Relevant Guidance, a link was added to Pre-proceedings and Family Justice Hub (Research in Practice).

Capacity and Consent

In July 2023, amendments were made to reflect case-law in relation to assessing legal capacity.

Case Records and Retention

This chapter was updated in July 2023 in relation to the Independent Inquiry into Child Sexual Abuse.

Marriage/Civil Partnership of a Cared For Child

This chapter was amended in July 2023 to reflect that the Marriage and Civil Partnership (Minimum Age) Act 2022 raised the age of marriage and civil partnership to 18 in England and Wales, with effect from 26 February 2023.

Aftercare under Section 117 of the Mental Health Act 1983

This chapter was amended in July 2023 to include a link to Self-harm: Assessment, Management and Preventing Recurrence NICE Guidance in Further Information.

Care Experienced and Transition

This chapter was revised in July 2023 to include information from the revised Ofsted inspection framework. Also, it has been noted that with effect from 1 April 2023, the leaving care allowance increased from £2,000 to £3,000.

Children Involved in the Youth Justice System: Additional National Guidance

This chapter was added to the manual in July 2023.

Applications for Special Guardianship Orders

In July 2023, this chapter was updated to reflect the updated Public Law Working Group Best Practice Guidance. This includes the new interim guidance, issued by the President of the Family Division, that addresses the lawful extension of care proceedings beyond 26 weeks. Section 6.3, Placement before Special Guardianship Order (SGO) is Granted, was added in line with guidance that states where there is no pre-existing relationship between the child and special guardians the child should be placed on an interim basis before the special guardianship order is made. Information in relation to timing of assessments was also added into Section 6.2, Special Guardianship Applications in Care Proceedings.

Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery

This chapter was updated in July 2023. Information in relation to the National Age Assessment Board was added into Section 4, Assessment.

Health and Safety

In July 2023, information in relation to allergies was added into Section 6, Diet, Nutrition and Allergies.

Allegations Against Foster Carers

In July 2023, this chapter was amended in line with revised Keeping Children Safe in Education. A new Section 2, The Difference Between an Allegation of Harm and a Concern was added.

Health Care Assessments and Plans

In July 2023, information in relation to allergies was added into Section 4, Health Plans.

Remands to Local Authority Accommodation or to Youth Detention Accommodation

In July 2023, this chapter was amended to include information from Annex to MOJ Circular 2022/03: Additional Information on Remand to Local Authority Accommodation (RLAA).

Positive Relationships and Behaviour Management

This chapter was amended in July 2023 to incorporate Ofsted feedback. Additional information was also added into Section 2, Positive Behaviour Support and Section 5.4, Recording of Sanctions.

Decision to Care For

Section 3, Section 20 Accommodation was updated in line with case-law in July 2023.

Placing and Visiting Children with Special Educational Needs and Disabilities or Health Conditions in Long-Term Residential Settings

In July 2023, this chapter was updated to include information from the UK Social Work Practice in Safeguarding Disabled Children and Young People report.

January 2023

Placements Outside England and Wales

In January 2023, Section 3, Placements in Scotland, Northern Ireland, Isle of Man and Guernsey was updated in line with the Cross-border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 and Cross-Border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022: Practice Guidance, Notice and Undertaking Template.

Supervision and Support of Foster Carers

Sefton Supervision and Support of Foster Carers Policy was updated in January 2023.

Children's Services Supervision Policy

This procedure was updated in January 2023.

Remands to Local Authority Accommodation or to Youth Detention Accommodation

In January 2023 this chapter was amended in line with the Police, Crime, Sentencing and Courts Act 2022.

Cared For Children and Young People in Contact with Youth Justice Services

In January 2023, Section 2, Looked After Children who are Arrested was updated in relation to appropriate adults.

Stability of Adoptive Placements

This chapter was refreshed in January 2023.

2022

August 2022

Leisure Activities

This chapter was added to the manual in August 2022. Leisure activities are an important part of everyday life. The guiding principle is that looked after children should, as far as possible, be given the same opportunity to take part in normal and acceptable age-appropriate activities as their peers. Judgment should depend on the assessed risks and needs of the child.

Risk Assessment and Planning

This chapter was added to the manual in August 2022. Risk can be broadly defined as 'the probability that an event will occur with beneficial or harmful consequences'. Risk-sensible, not risk-averse, practices should be followed when completing any risk assessment so that a realistic and proportionate approach to risk is in place which enables children and young people to grow and learn.

Supporting the Education and Promoting the Achievement of Children with a Social Worker, Looked After and Previously Looked After Children

Amendments have been made in August 2022 to reflect: Keeping Children Safe in Education Statutory Guidance; the outcome of Ofsted's thematic report; Review of sexual abuse in schools and colleges (June 2021) and the Domestic Abuse Act 2021.

Health and Safety

This chapter was added to the manual in August 2022 and explains what needs to be in place when assessing a foster/residential home in relation to health and safety issues. A child or young person should not be prevented from learning and developing naturally but they need to grow up in a safe environment protected from unnecessary harm. This requires a combined approach through education and training for foster carers and residential staff who are involved in caring for children, safe product design and modifications to the environment.

Capacity and Consent

In August 2022, Section 4.3, Consent to the Use of Medication to Suppress Puberty has been updated in line with case-law. Please re-reference.

Care and Supervision Proceedings and the Public Law Outline

This chapter has been amended in August 2022 in line with Management Guidance in Public Law Children Cases, i.e. that, save in the most exceptional of circumstances, a newborn baby should not be removed from its parents under Section 20 Children Act 1989.

Aftercare under Section 117 of the Mental Health Act 1983

This chapter has been refreshed in August 2022 to reflect case-law and to refer to Guidance issued by the Local Government and Social Care Ombudsman and the Parliamentary and Health Service Ombudsman. Please re-reference.

Use of Social Media Sites by Social Care and Safeguarding Staff

This has been updated and refreshed in August 2022. Please re-reference.

Decision to Care For

In August 2022, this previously single chapter has been split into two chapters (the other being 'Care Planning') to enable a separate focus for each aspect of this process. Please re-reference.

Training and Development of Foster Carers

This chapter was added to the manual in August 2022 and explains the purpose and duties of the Fostering Service to provide appropriate training and development to foster carers.

Equality and Diversity

This procedure was added to the manual in August 2022 and summarises the local authority's commitment to provide inclusive and equal services to a diverse range of children and young people, and to promote equality and diversity as part of our recruitment and employment practices. The local authorities will not discriminate against any persons (including staff, potential staff, children or foster carers) on the basis of a protected characteristic under the Equality Act 2010.

Children's Services Supervision Policy

This procedure was added to the manual in August 2022.

Fostering Panel

This chapter has been refreshed and re-structured in August 2022.

Legal Gateway/Planning Meetings

This chapter was updated in August 2022 to add a link to Public Law Working Group Best Practice Guidance: Support for and Work With Families Prior to Court Proceedings (see Relevant Guidance). Please re-reference.