1. Investigation and case planning Your responsibilities under the Children Act 1989 Brayne & Carr: Law for Social Workers: 10e Chapter 9

2. Your role is to safeguard children!

3. Lecture outline The investigation of child protection concerns The bureaucratic structures designed to protect children Case planning including preparation for possible court proceedings Resources Working Together to Safeguard Children (2006) – chapter 5 The Framework for the Assessment of Children in Need and their Families (2000)

4. Initial assessment To be completed in 7 days The scale of the task –Around 550,000 referrals were made during the year ending 2005, with nearly 300,000 of those leading to initial assessments of children –In the year ending March 31st 2005, 68,500 of the initial assessments led to a s.47 enquiry which led to 37,400 child protection conferences. Source Children Act Report 2004 and 2005

5. Questions to be asked - 1 What are the developmental needs of the child? Are the parents able to respond appropriately to the child’s identified needs? Is the child being adequately safeguarded from significant harm, and are the parents able to promote the child’s health and development?

6. Questions to be asked - 2 What impact are family functioning and history, the wider family and environmental factors having on the parents’ capacity to respond to their child’s needs and the child’s developmental progress? Is action required to safeguard and promote the welfare of the child?

7. The next steps No further action? A child in need? s.47 inquiry? Police investigation? Emergency legal action?

8. Referral for assessment from the courts s.37(1) Where, in any family proceedings (i.e. other than care proceedings) in which a question arises with respect to the welfare of any child, it appears to the court that it may be appropriate for a care or supervision order to be made with respect to him, the court may direct the appropriate authority to undertake an investigation of the child’s circumstances.

9. The local authority duty to investigate - s.47 If: –Reasonable cause to suspect that a child is suffering or is likely to suffer significant harm –Child is the subject of an emergency protection order –Child is in police protection –Child has contravened a ban imposed by a curfew notice under the Crime and Disorder Act 1998 Note: low level threshold for commencing the investigation

10. Procedure under s.47 Purpose to determine whether action is needed to promote and safeguard the welfare of the child A range of action possible, with a focus on court applications If action considered appropriate, then it must be taken Child must be seen The local authority may require assistance from other bodies and authorities

11. The bureaucratic structures to safeguard children Local Safeguarding Children Boards (see chapter 3 of Working Together) The Child Protection Conference The Child Protection Plan

12. Local Safeguarding Children Boards A statutory basis for investigation and review –Children Act 2004 s.13 – s.16 Requirement for co-operation Local Safeguarding Children Board accountable to Director of Children’s Services and dedicated Lead Member for Children’s Services

13. Functions and procedures set out in s.14 (1) The objective of a Local Safeguarding Children Board is (a) to co-ordinate what is done by each person or body represented on the Board for the purposes of safeguarding and promoting the welfare of children in the area of the authority by which it is established; and (b) to ensure the effectiveness of what is done by each such person or body for those purposes.

14. The child protection conference Basic instrument of the case by case child protection system. –(i) to make judgments about the likelihood of a child suffering significant harm in the future –(ii) to decide whether future action is needed to safeguard the child and promote his or her welfare, –(iii) plan how action will be taken forward and with what intended consequences

15. The outline child protection plan Identify risks of significant harm to the child and ways in which the child can be protected Establish aims and objectives that are linked to reducing the risk of harm to the child and promoting the child’s welfare Be clear about who will have responsibility for what actions within what specified timescales Outline monitoring and evaluating progress against the plan

16. Next steps Court requirements for plans and long term planning for children are dealt with in different lectures.