An introduction to the Care Planning, Placement and Review Regulations and Statutory Guidance 2010

Aims of session Present an overview of content and themes Hi-light some of the areas which may have particular significance for the independent sector Ask a series of questions about these areas to round table groups Open up the discussion

Relationship between legislation, guidance, standards and other material Primary legislation: (must do) Secondary legislation (including regulations) (must do) Statutory Guidance (including local authority circulars) (must be complied with unless exceptional local reasons justify a variation) Volumes of Departmental and other Government practice guidance (advisory ‘may do’ material) Volumes of good practice guidance, (sector led) (available for practitioners to access or use as they wish) National Minimum Standards (inform inspection of fostering services and regulation of independent fostering agencies) Other forms of material that support good practice and high standards are set out below Local authority guidance and procedural manuals available for practitioners Pilots and project evaluation reports and practice information available for practitioners Research material and evidence base available for practitioners Guidance material for children and young people to use available for practitioners Validated case studies and good practice examples (sector led) available for practitioners

Key themes in Care matters and the CYP Act 2008 Uncompromisingly high ambitions for children in care Good parenting from everyone in the system Stability in every aspect of the child's experience Centrality of the voice of the child

Children and Young Person’s Act 2008 Amongst its provisions, the Act: increases the transparency and quality of care planning ensures that the child’s voice is heard in all decisions by strengthening the role of Independent Reviewing Officers improves stability for children, by ensuring they are placed in the most appropriate placement ensures young people (up to age 18) are not forced to move out of care before they are ready provides more support for care leavers by extending the entitlement to a Personal Adviser to age 25 (for those who resume an education and training pathway) provides more support for care leavers by providing an entitlement to a £2,000 bursary for those who go onto higher education makes the role of the designated teacher statutory.

Care Planning, Placement and Review Regulations and Guidance What was the intention? New regulations on care placements, planning and review form set down as “Central Spine” of regulations and guidance produced as a result of new duties in Children and Young Persons Act To improve care planning and reviewing Implementation of Governments prior commitment to revise entire suite of Children Act 1989 regulations and guidance Place the child at the centre of planning activity

Links and relationships Care Planning, Placement and Review Regulations and Guidance The IRO Handbook: Statutory guidance Securing sufficiency : Statutory guidance

Terminology Connected persons ‘means a relative, friend or other person connected with C ‘ Eligible children – a looked after child aged 16 – 17 who has been looked after for a total of 13 weeks which began after he/she reached the age of 14 and ends after she/he reaches 16. Relevant child - a young person aged 16 or 17 who was an eligible child but who is no longer looked after Nominated officer - a senior officer of the responsible authority nominated in writing by the director of children’s services for the purpose of the Regs. Sufficiency duty - to do more than simply ensure that accommodation be sufficient in terms of number of beds provided

The structure of the regulations The career of a looked after child Part 1: General: Introduction & definitions Part 2 : Arrangements for looking after a child Part 3: Placements – general provisions Part 4: Provision for different types of placement Part 5: Visits by the responsible authorities representative Part 7 Arrangements for ceasing to looks after a child Part 8: IROS and independent visitors Part 9 : Misc Schedules

The Schedules 1. Care Plans 2. Matters to be dealt with in the placement plan 3. Matters to be taken into account when assessing the suitability of parents 4. Matters to be taken into account when assessing a connected person to care for C 5. Agreement with an IFP relating to the discharge of the responsible authority's functions 6. Matters to be decided when placing C in an unregulated setting 7. Considerations to which the RA must have regard when reviewing C’s case 8. Matters ot be dealt with in the Pathway Plan 9. Revocations

What are the core changes and improvements? Care Plan Regulations set out:- – Requirement for Local Authorities to develop written care plan for both children in care and other children who are looked after What the Care Plan must include – Health and Education Updating and bringing into line regs with draft guidance on health needs of looked after children Clarifying that all looked after children should have a personal education plan Set out process that LA s must follow before disrupting education or training of child at Key Stage 4 The Placement Plan Placement Decisions – Bringing together, for first time, all Local Authority duties regarding placement decisions for children – Setting out new processes for Local Authorities :- – Before placing children out of area; and – Where placement decisions particularly risky such as where children placed with parents.

Foster Care and Children’s homes – Bringing together for first time regulations relating to the placement of children in particular settings – Improving framework for assessment and temporary approval of family and friends carers (connected persons) Case Reviews – Including requirement that case review must happen before decision taken to cease to look after a child Eligible children – Clarifying that care plan must be maintained for eligible children Short breaks – Codifying current piecemeal regulations relating to short breaks, and amending definition of short break so that this applies to a narrower set of circumstances – Reducing scope of care planning requirements for short break care

The Guidance Addresses concerns re effectiveness of IRO function, by specifying that: Name of IRO is included in care plan Setting out for first time the circumstances in which IRO must consider whether to refer child to a CAFCASS officer Enabling IRO to adjourn review meetings if necessary to ensure that all information has been provided by the LA Ensuring that IRO consults with child Dealing with sufficiency by: Outlining requirements for local authorities in relation to sufficiency in terms of strategic planning Clarification of the term sufficiency Role of commissioning in meeting the sufficiency duty

Annexes Statutory Framework (spine) Care planning flow chart Dimensions of need Model of joint working – children's service and YOT Changes to core status as result of criminal justice decisions

Checks and balances Requirement that children in key stage 3 cannot be moved without the agreement of the nominated officer of the responsible authority. Where a local authority proposes that a young person should move from his / her care placement before legal adulthood, a review must be held. Proposals to place a child outside the area of the responsible authority must be approved by a nominated officer who has duties of consultation imposed on him/her. Where a young person moves from regulated to unregulated living arrangements, this does not result automatically in the young person seeking to be looked after

Clarity about decision making and consents Care Matters - fragmentation of decision-making ‘The more engaged carers are in all aspects of the child’s care and the greater their role in decision making, the more likely they are to develop that close bond which will lead to a successful outcome for the child’ Guidance attends to shared responsibilites and consents echoed in the Statutory Guidance: Fostering Service ‘where a child is in a placement which is intended to be permanent ….it is likely that the placement plan will reflect greater levels of delegated responsibility to the carers ‘

The enhanced role of IROs ( Regulations, Statutory Guidance and IRO Handbook ) Responsibility for ensuring that the child’s wishes regarding the distribution of responsibilities are known and that the parents are informed and involved in discussions about the balance of responsibilities and delegations to foster carers Ensure that responsibilities are shared in a way that best meet the child’s needs Additional responsibilities for the local authority’s performance and will report back to the authority on patterns of concern and on the collective experience of children. This quality control function should include performance in relation to delegated responsibility. Role as broker and intermediary - this will apply to discussion or disagreements between foster carers social workers and parents about the distribution of decision-making and responsibility.

New criteria for IRO’s power to refer to CAFCASS ‘if the IRO considers it appropriate to do so’ Expansion of focus from the conduct and content of the review to monitoring the case

Sufficiency Regulations, Statutory Guidance and Securing sufficiency The Children Act 1989 already places on local authorities a number of duties that have strong links with the sufficiency duty. For instance: general duty to provide a range and level of services to children in need and their families in the local area which are appropriate to their needs (section 17); And duty to provide accommodation for children in need within their area who appear to them to require accommodation in accordance with section 20 of that Act

Sufficiency cont’d Historically No explicit statutory duty on local authorities to act strategically to address gaps in provision and meet needs through diversity of provision. Now New core requirements for local authorities in relation to this, which involves: Supporting and maintaining a diversity of provision to better meet the needs of looked after children; Placing children within their local authority area where reasonably practicable; Supporting the market to deliver more appropriate placements locally; and Encouraging a ‘step change’ in commissioning practice, so that the totality of needs for looked after children are considered, and universal, targeted and specialist services are redesigned and configured to maximise outcomes for children and young people. Clarification of sufficiency Accommodation secured by the local authority should be sufficient not simply in relation to the numbers of beds that are provided.

Standards of sufficiency individual assessment and care planning; commissioning decision; strategic needs assessment; market management; collaboration; and securing services.

Issues for the discussion Overall reactions to the ‘package’ of legislation and guidance Will the checks and balances (nominated officer involvement, requirements to review, strengthening of the IRO role) improve placement planning for young people placed in the independent sector? What will be impact of (any) improvements in practice around delegated responsibility on social workers and foster carers in the independent sectors Increased emphasis on sufficiency and the commissioning standards - what will this mean for the independent sector? Better transitions and more protection for young people aged 16+. What implications for the independent sector? Workforce development – how can we help our foster carers to develop their working knowledge and understanding of this framework? What are their training needs?

Thank you Jacky Slade Regional Consultant South West & Hazel Halle Director of Services, England