3.3.2 Looked After Reviews |
RELATED CHAPTERS
Appointment and Review of Independent Reviewing Officers Procedure
N.B. This chapter should be read in conjunction with Protocol between Independent Reviewing Officers and Direct/District Managers and IRO Dispute Resolution Process and Flowchart
See also Participation of Children in Looked After Reviews Procedure and Parental Participation at Looked After Reviews Procedure.
AMENDMENTS
The words in italics in Section 5, Invitations, were added to take account of paragraph 2.175 of Working Together to Safeguard Children 2010.
This chapter was amended in December 2011 to reflect the Care Planning, Placement and Case Review (England) Regulations 2010 and Associated Guidance (including the IRO Handbook). In particular Section 2, Frequency of Looked After Reviews, Section 5, Invitations, Section 9, Chair's Responsibilities and Section11, Recording of Looked After Reviews have been updated; and Sections 12, Review Decisions and Section 13, Adjournment of Looked After Reviews) added.
Contents
- The Purpose of Looked After Reviews
- Frequency of Looked After Reviews
- Chairing of Looked After Reviews
- Convening and Coordinating Looked After Reviews
- Invitations
- Role of Social Worker
- Contributions and Reports
- Advocates and Supporters
- Chair's Responsibilities
- Role of the Looked After Review in Achieving Permanence for the Child
- Recording of Looked After Reviews
- Review Decisions
- Adjournment of Looked After Reviews
- Postponement of Looked After Reviews
1. Purpose of Looked After Reviews
The purpose of a Looked After Review is to:
- Ensure that adequate plans are in place to safeguard and promote the overall welfare of Looked After Children in the most effective way and achieve Permanence for them within a timescale that meets their needs;
- Ensure plans are being progressed effectively;
- Ensure appropriate consultation and communication takes place;
- Ensure the needs of children looked after as a result of a secure remand are met;
- Ensure that an Eligible Young Person moving into semi-independent accommodation is ready and prepared to move; and
- Make decisions, as necessary, for amendments to those plans to reflect any change in circumstances.
Significant changes in the Care Plan can only be made by a Looked After Review.
It is important that action is taken on recommendations made at Reviews and responsibilities for actions are clearly defined.
The key plans that should be considered at a Looked After Review are Care Plans, Placement Plans, Health Care Plans, Personal Education Plans, and Pathway Plans.
2. Frequency of Looked After Reviews
Looked After Reviews should be convened at the following intervals:
- An Initial Looked After Review should be conducted within 20 working days of the child being Looked After;
- The Second Looked After Review should be conducted within three months (91 days) of an Initial Looked After Review;
- Subsequent Looked After Reviews should be conducted not more than six months (183 days) after any previous Review.
The Independent Reviewing Officer may agree to convene a Looked After Review at any time where there has been a change in circumstances or where requested by the child, parent(s) or any other significant person.
In particular, Looked After Reviews should be brought forward in the following circumstances:
- As soon as practicable where a child is moved from one placement to another on an unplanned basis or a significant change in the circumstances of a child suggests his/her placement is no longer appropriate;
- Where a significant change to the child's Care Plan is required;
- Where the Independent Reviewing Officer requests that such a review should be convened, for example, upon the request of the child, parent(s) or any other significant person;
- Where, as a result of a visit, the social worker's assessment is that the child's welfare is not being adequately safeguarded and promoted;
- Where a review would not otherwise occur before the child ceases to be detained in a YOI or secure training centre, or accommodated on remand;
- Where the local authority proposes to cease to provide accommodation for a looked after child.
3. Chairing of Looked After Reviews
The Quality Assurance and Safeguarding Unit will designate Independent Reviewing Officers to chair all Looked After Reviews.
4. Convening and Coordinating Looked After Reviews
The child's social worker's team will notify the Quality Assurance and Safeguarding Unit within one working day when a child becomes Looked After.
An Independent Reviewing Officer will be appointed for the child within and the Quality Assurance and Safeguarding Unit will arrange, in consultation with the child's social worker, a date for the Initial Looked After Review within 20 working days of the date when the child first became Looked After.
Dates for subsequent Looked After Reviews will be set at the conclusion of each Review. If the arranged date needs to be changed for any reason, including where a change in circumstances indicates the need for an earlier Review date, the social worker should notify and arrange this directly with the designated Independent Reviewing Officer.
Should the child cease to be Looked After before the Review date, the social worker will notify the designated Independent Reviewing Officer in order that the arrangement can be cancelled.
Arrangements, including invitations, distribution of consultation forms, arranging the venue and collating contributions will be the responsibility of the social worker.
5. Invitations
See also Participation of Children in Looked After Reviews Procedure and Parental Participation at Looked After Reviews Procedure.
It is normal practice for the child to attend the Review, irrespective of age, and for the Review to be held in the child's placement.
For all Reviews, the social worker will consult with the child (for second and subsequent reviews, this consultation must take place at least 20 working days before the meeting) about who should come to the Review, and where it should be held. Whenever possible the parent/carer should be included in these discussions too. Where children are unable to contribute to the decisions, for example because of their young age, the parents' views should be sought.
The social worker will draw up an invitation list of the relevant people to attend the Review in consultation with the child and others as above, as well as with the Independent Reviewing Officer.
The following people should normally be considered:
- The child, parents, carers and any significant people or specialists involved in the child's case;
- The most appropriate teacher at the child's school (usually the Designated Teacher for Looked After Children);
- The Adolescent and After Care Service where appropriate;
- An Independent Visitor, if involved;
- Any other person thought to be relevant e.g. current carer, health care professional, GP, a representative from the Local Authority in whose area it is proposed that the child will be placed;
- The officer with lead responsibility for implementing the authority's duty to promote the educational achievement of its' looked after children.
Consideration should be given to inviting the Children’s Guardian where one has been appointed.
The primary focus must be on who the child wishes to be present and the Review should be kept as small as possible. It may be appropriate to request written contributions from agencies rather than invite them to attend.
Children and parents should also be informed that they may meet the Independent Reviewing Officer separately if they wish, or bring an Advocate, supporter or interpreter to the Review. See Section 8, Advocates and Supporters.
A decision not to invite a child or parent(s) to a Review should only be made in consultation with the Independent Reviewing Officer prior to the Review. The decision should be recorded, together with reasons, on the Review of Arrangements Form at the start of the 'Record of Discussion'.
The social worker is responsible for ensuring participants are invited preferably in writing, informing them of the date, venue and purpose of the Review.
For the second and subsequent Reviews, invitations should be sent one month before the Review date. (NB This is a Southwark requirement - the regulations provide that the invitation should be sent at least 10 working days before the meeting).
Where an invited person cannot attend, the Independent Reviewing Officer may agree that a delegate attend instead.
6. Role of the Social Worker
See also Participation of Children in Looked After Reviews Procedure and Parental Participation at Looked After Reviews Procedure.
Before arrangements are agreed, the child's social worker must discuss the purpose of the Review with the child, parents and carers and consult them about a suitable date, venue and invitations.
The social worker must ensure that the child's case records are up to date.
The child and parent(s) should be encouraged and supported by the social worker to prepare for the Review, in writing or other ways if they wish, for example by seeing the Chair separately. The Independent Reviewing Officer should agree with the social worker how this will be achieved.
If the child and/or parent wish to prepare a written contribution, a LAC Consultation Paper is designed for the purpose but the contribution can be made in any form.
After the Review, the social worker is responsible for updating as necessary, the Care Plan (including the Permanence Plan), Placement Plan/Placement Information Record, Health Care Plan and Personal Education Plan, and arranging for a Pathway Plan to be completed, if relevant.
The social worker should also ensure that arrangements are in place to conduct a Placement Planning Review, if relevant.
7. Contributions and Reports
Two weeks before the Review, the child's social worker must ensure that LAC Consultation papers are distributed as appropriate and, after completion, are available for the Review.
Where the child is placed in a foster home or in residential care, the foster carer or a representative of the home should be asked to contribute a report in writing; a LAC Consultation Paper is designed for the purpose but a separate report may be prepared.
The social worker must ensure that all relevant LAC documentation is up to date on the electronic social care file within 7 days of the Review date. This will include the following:
- The completed LAC Children's Review of Arrangements Form together with a separate social work report;
- The LAC Consultation documents for all interested parties, where available.
The Review reports should be shared with the child and parents in advance of the meeting.
The child's Independent Reviewing Officer must read all the relevant LAC documentation prior to the Review taking place.
The child's social worker will agree a time to meet the Independent Reviewing Officer before the Review. (This can be on the day of the Review if both agree). See Protocol between Independent Reviewing Officers and Direct/District Managers.
8. Advocates and Supporters
The social worker and Independent Reviewing Officer should consider prior to the Review whether either the child or parent(s) would benefit from the presence of an Advocate or supporter and if so, the social worker should ensure the necessary arrangements are made.
A supporter may be either an advocate on behalf of the child/parent(s) or a person with specialist skills or knowledge. (See Advocacy and Independent Visitors Procedure).
Special needs, for example those arising from disability, should always be considered and appropriate assistance arranged where relevant.
It may be necessary to make arrangements for an interpreter to attend and the social worker should do so if necessary.
Any request by the child or parent(s) for their legal adviser to attend as their supporter should be notified to the Independent Reviewing Officer prior to the Review and if agreement is given, arrangements made where appropriate for the attendance at the Review of a local authority legal adviser.
9. Chair's Responsibilities
See also Appointment and Review of Independent Reviewing Officers Procedure
An Independent Reviewing Officer will chair all Looked After Reviews.
The Chair is responsible for ensuring that all relevant people, including the child and parents, understand the purpose of the Review and have been given appropriate opportunities to contribute and express their views.
The IRO should meet the child before the first Looked After Review and arrange to meet the child as appropriate in advance of subsequent Looked After Reviews.
The Chair must ensure that the child is informed at every Review of the Comments/Complaints Procedure and given a leaflet containing the necessary information. The Chair must also ensure that the child is aware that he or she can appoint an Advocate. (See Advocacy and Independent Visitors Procedure).
With regard to the child's education, a checklist for the Independent Reviewing Officer is included in Education for Looked After Children Guidance.
Any differences of opinion should be recorded in the Review of Arrangements Form (in the section 'Record of Discussion'). These should be referred to the social worker's line manager for possible resolution. See Protocol between Independent Reviewing Officers and Direct/District Managers and IRO Dispute Resolution Process and Flowchart. Where participants' views are not followed, an explanation of the reasons why will be provided by the Chair or the social worker.
If the parent(s) or the child brings an Advocate or supporter, the Chair will need to explain his or her role, ensuring that the advocate/supporter understands that he/she may clarify information but may not cross-examine any contributor.
The agenda for each Review will be agreed at the beginning of the meeting and each participant will be invited to contribute their own items to the agenda and have the opportunity to contribute to the discussion.
Each Review will set a date for the next Review.
It will be necessary for the Independent Reviewing Officer to ensure that everyone is clear about who is responsible for action and the timescales agreed for completion, and that the following are considered and accounted for during the Review:
- The effect of any change in the child's circumstances since the last review, any change made to the Care Plan, whether decisions taken at the last review have been successfully implemented and if not the reasons;
- Whether any change should be sought in the child's legal status;
- Whether there is a plan for permanence;
- Arrangements for contact/whether there is any need for changes to the arrangements in order to promote contact between the child and parents/other Connected Persons;
- Whether the placement continues to be the most appropriate available, whether any change to the placement agreement or any other aspect of the arrangements is likely to become necessary before the next review;
- The child's educational needs, progress and development and whether any change is likely to become necessary or desirable before the next review, including consideration of his/her most recent assessment of progress and development; whether the arrangements are meeting the child's educational needs; whether the child has a Personal Education Plan (PEP) and whether its content provides a clear framework for promoting educational achievement;
- The child's leisure interests and activities and whether the arrangements are meeting his/her needs;
- The child's health report, and whether any change in health care arrangements is likely to be necessary or desirable before the next review; whether the content of the Health Plan provides a clear framework for promoting the child's health;
- Whether the arrangements are meeting the child's health needs;
- Whether the child's needs related to identity are being met and whether any change is required having regard to the child's religious persuasion, racial origin and cultural background;
- Whether the arrangements for advice, support and assistance continue to be appropriate and understood by the child;
- Whether any arrangements need to be made for the time when the child will no longer be looked after;
- The child's wishes and feelings and the views of the IRO about any aspect of the case and in particular about any changes made since the last review or proposed to be made to the Care Plan; whether the plan fulfils the duty to safeguard and promote the child's welfare and whether it would be in the child's interests for an Independent Visitor to be appointed;
- Where the child is placed with parents before an assessment is completed, the frequency of the social worker's visits.
10. Role of the Looked After Review in Achieving Permanence for the Child
The Independent Reviewing Officer must check that the child's Care Plan incorporates a Permanence Plan with measurable milestones and a Contingency Plan should the preferred plans not materialise.
See also Appointment and Review of Independent Reviewing Officers Procedure
At the second Looked After Review, there is a requirement to focus on the requirement for the Care Plan to provide a Permanence Plan for the child within a timescale that is realistic, achievable and meets the child's needs. As part of the Permanence Plan, a parallel Contingency Plan should be drawn up if it is considered that the chosen avenue to permanence is not viable, the Independent Reviewing Officer should ensure that the social worker convenes a planning meeting as a matter of urgency to consider the most appropriate permanent alternative.
At any Review where a Permanence Plan has not been achieved, the Review should seek to establish whether the lack of progress is as a result of drift or whether there are valid child-centred reasons, properly recorded and endorsed by the social worker's manager.
In all cases of children under 13, where there is a Permanence Plan not involving the child's immediate rehabilitation, the Review must check that the child has a Life Pack and life story work is being undertaken. See Life Packs Guidance.
11. Recording of Looked After Reviews
The Independent Reviewing Officer is responsible for informing the administrative staff in the Quality Assurance and Safeguarding Unit that the Review has taken place within one working day of the Review. The Unit's administrative staff must then input this information onto Carefirst.
The Independent Reviewing Officer is also responsible for summarising the discussions and recommendations of the Review in the electronic social care record in the sections 'Review Discussion' and 'Review Decisions' on the Review of Arrangements Form.
The Independent Reviewing Officer will then send the team manager, the practice manager and the social worker a Carefirst message that the Review has been completed. This notification must take place within 3 working days of the Review.
The social worker should then check the document, in consultation with his or her manager(s), and the appropriate manager should send confirmation of approval or any amendments by e-mail to the Independent Reviewing Officer. This written record of the decisions and recommendations will be circulated by the IRO to all participants within 5 working days of the meeting.
The Independent Reviewing Officer will then finalise the Review Form taking into account any amendments requested and send the final version to the social worker, team manager and practice manager.
The social worker should notify the administrative staff in the CLA team that copies of the Review Form are be sent to other relevant parties within a maximum of 4 weeks of the Looked After Review taking place.
The child's social worker must notify the CLA administrative staff of any changes to key information on the case within 5 working days of the Review.
The child's social worker must also ensure that the following have been revised after the Review as appropriate and copies forwarded to the carers of the child concerned:
- The child's Care Plan, Health Care Plan and Personal Education Plan;
- The child's Placement Plan/Placement Information Record;
- The child's Pathway Plan (if applicable).
12. Review Decisions
See Protocol between Independent Reviewing officers and Direct/District Managers
A team manager should consider the decisions made at each Looked After Review within five working days of receiving them and advise the IRO and all those who attended the review if they are unable to agree them as set out in the above Protocol.
If no response is received the decisions should be considered agreed by the Local Authority and should be implemented within the timescales set out in them.
If the team manager disagrees with any of the decisions within that initial five working day period, see the IRO Dispute Resolution Process and Flowchart
13. Adjournment of Looked After Reviews
The IRO may adjourn a review meeting once, for not more than 20 working days, if not satisfied that sufficient information has been provided by the Local Authority to enable proper consideration of any of the factors to be considered.
The IRO should consider the effects on the child of delaying the meeting, and seek the wishes and feelings of the child, carer and parents where appropriate.
No proposal under consideration at the adjourned review can be implemented until the review has been completed.
14. Postponement of Looked After Reviews
- Review dates cannot be changed from the agreed date, except in exceptional circumstances, and where it can also be ensured that the review will be completed within the time-scales set out in Section 2, Frequency of Looked After Reviews above;
- In order to change a planned review date, the social worker must complete the 'Change of Review Arrangements Form', (available from the Quality Assurance Unit), and get the signed agreement of a Team Manager. The Review may then be changed with the agreement of the Independent Reviewing Officer. Before such endorsement can be given, the revised date (within the timescales) must have been agreed. The 'Change of Review Arrangements Form' must be completed, signed and forwarded to the Quality Assurance and Safeguarding Unit;
- Where it is not possible to re-schedule a Review within the necessary time-scales, an Executive Review will be held on the original agreed date undertaken by the Independent Reviewing Officer. In order to make a planned Looked After Review an Executive Review the social worker must complete a 'Change of Arrangements Form' and follow the procedures in paragraph 2 above;
- Executive Review: An Executive Review should be held with as many of the key members as possible but the minimum is the child's social worker or line manager and the Independent Reviewing Officer;
The child and parents should also be present at the Executive Review where possible;
It may be necessary to hold the Executive Review in a different place to that where the child is living, for example when the carer is ill;
An Executive Review as a minimum should review the child's Care Plan and agree key actions required, including whether any changes are necessary to ensure that the child is safeguarded, contact arrangements are reviewed, drift is avoided and goals are being worked to with priority and realistic timescales. The child's allocated Independent Reviewing Officer should look at the child's file as part of the Executive Review;
The dates of key actions such as medicals, dental checks, education and health plans will be recorded;
Issues relating to Identity and Implementation, and the views of the child, carers and parents through the consultation process should be considered but the Independent Reviewing Officer has discretion as to the best way to achieve a comprehensive Review considering the principles of independent scrutiny, consultation and participation. This may include a Follow-Up Meeting or process. The Independent Reviewing Officer has discretion to set the terms of this meeting and/or process, and the necessary attendance requirements. Any Follow-Up Meeting must take place within one month of the Executive Review;
Circumstances where cancellation can be considered and appropriate action - Where the case is allocated and the allocated social worker is ill or not available for a scheduled Looked After Review, and the child (if old enough) agrees, the social worker's manager will attend the Review in the allocated worker's absence to present the summary of work and report. If this is not possible, an Executive Review should be held and the procedure set out above for Executive Reviews followed;
- If the case is not allocated, a manager known to the child will attend the Looked After Review to provide the necessary information to enable the Review to go ahead within the required timescale. This may involve the manager in meeting with the child before the Review meeting;
- Should the foster carer be ill and the child (if old enough) agrees, the Looked After Review should go ahead as planned but at another venue and the fostering social worker should be invited to provide information about the placement where possible. If this is not possible, there should be an Executive Review and the procedure set out above for Executive Reviews followed;
- If an older child who is expected to attend is ill or unable to attend due to another important/unavoidable commitment, and the Review cannot be rescheduled within the required time-scale, an Executive Review will go ahead on the agreed date and the procedure set out above for Executive Reviews followed with every effort made to ascertain the wishes and feelings of the child, preferably in writing;
- Should the child not attend as agreed/expected, the Review should go ahead as planned and the Independent Reviewing Officer should ensure that the child has had every opportunity to be part of the review and contribute his or her wishes and feelings. Sometimes it may be appropriate for the Independent Reviewing Officer to offer to have a separate meeting with the child or contact with them via the telephone;
In the light of any representations from the child, the Independent Reviewing Officer may make amendments to the recommended plan following consultation with key members of the Review (this may be done in writing or by phone);.
If a child is not present at his or her review, it is the responsibility of the social worker to inform him or her of the outcome of the Review; - If a parent or significant family member who should be present is unable to attend, the Review should go ahead but every effort should be made by the social worker to seek their views in advance of the meeting;
The Independent Reviewing Officer should ensure that the parent has had every opportunity to be part of the Statutory Review process either directly, by being invited, or indirectly by the social worker ensuring their views are presented to the meeting, preferably in the written form of a LAC Consultation Document. Sometimes it may be appropriate for the Independent Reviewing Officer to meet with the parent separately to ensure their views are considered;
It is the role of the social worker to inform the parent of the outcome of the Review; - If the Independent Reviewing Officer is ill at the time of a scheduled Looked After Review, every effort will be made by a Quality Assurance and Safeguarding Unit (QAU) manager to provide a substitute Chair. If no substitute Independent Reviewing Officer is available on the day of the review, every effort will be made to reschedule the Review within the required timescales. If this is not possible, an appropriate manager will chair the Review and discuss the recommendations with the designated Independent Reviewing Officer for the child or the QAU manager. The Independent Reviewing Officer or QUA manager will be responsible for ensuring the integrity of that review, including appropriate consultation, participation, planning and decision-making;
Other Circumstances - External Placements: Where a child is placed in with an external provider, the provider should be made aware by the child's social worker at placement of the need to ensure that Reviews are completed within the required timescales and of these arrangements for Executive Reviews;
- Placements with Relatives and Friends: When it is agreed that looked after children will be placed with family members it must be made clear to them by the child's social worker at placement that the Reviews are a statutory requirement and that these must take place in the family home with carers and older children present. When a family carer is unavailable for a scheduled Review, an Executive Review should take place as set out above and the Follow-Up Meeting must happen in the family home;
- Two Executive Reviews in succession must be discussed with a Quality Assurance and Safeguarding Unit Manager and agreement confirmed;
- Monitoring and Recording: The Review Report will record when a Looked After Review has been completed as an Executive Review and the reason for this. The LAC Standards Group will monitor the number of Executive Reviews and Follow-Up Meetings and processes and report these to the Group at least twice per year.
End





