The Statutory Framework for Short Breaks: Care planning, child - - PowerPoint PPT Presentation

The Statutory Framework for Short Breaks:

Care planning, child placement and case review Regulations and Guidance

Peter M Smith Social care adviser AHDC

Care Matters Reforms

• Care Planning, Placement and Case Review

Regulations and Guidance 2010

• Streamlining of legal framework for care leavers

and looked after children

• Fundamental aim to improve the experience of

looked after children

New guidance

• Opportunity to update and improve awareness of

law in relation to short breaks

• Short Breaks – Statutory guidance on how to

safeguard and promote the welfare of disabled children using short breaks

Short breaks statutory guidance

• http://www.education.gov.uk

/publications/standard/Early Yearseducationandchildcare/ Page1/DCSF-00183-2010

• Short breaks and care very different, but
• Same legal framework (Children Act 1989 and

Children and Young Persons Act 2008)

• Some shared elements and questions

– Assessment, planning, intervention, review – Is it good enough for my child? – If it does not work, is there back up plan? – Is it tailored to individual need?

Why change?

• Current regulatory requirements - a barrier to

expansion required by AHDC

• Disproportionate degree of regulation for lower

levels of overnight provision

• Short breaks are changing
• Widespread non-compliance

Brief reminder on law

• Primary legislation (Acts of Parliament) say what

LAs must do

• Regulations, called secondary legislation, also say

what LAs must do

• Statutory guidance says what LAs should do, they

may have to justify when they do not follow guidance.

Proportionate approach

• Balance of ensuring vulnerable children are

safeguarded without unnecessary intrusion in to family life

• Many children receiving breaks are not social

services „cases‟

• There should be assessment proportionate to

apparent level of need

• Consultation with children and parents are

essential

A proportionate approach

Low

Level of Need

N.B. This diagram is purely illustrative Assessment Self Assessment or CAF Initial assessment Core assessment Type of service Access to universal services Local offer Targeted services Low level of overnight short breaks Regular overnight short breaks in the same setting High level of support, substantial overnight short breaks Measures to safeguard Many services are registered, with some quality assurance, with Ofsted or LA Child in need plan Child is looked after – but with lower level planning requirements Full Looked After Child planning requirements apply Legal status Not a ‘social care’ case Child in need - S.17 Child provided with short breaks accommodation S.17 (6) Looked after children provided with short breaks under S.20 (4), where regulation 48 applies Looked after child provided with short breaks under S.20 (4) where regulation 48 does not apply

Low High High

Legal Framework for Short Breaks Legal Framework for Short Breaks

Local offer

• Short breaks increasingly in the community
• No specific social care assessment
• Welfare promoted and safeguarded by parents and

usually registration of service provider

short break plans for all children in need (1)

1. Have clear and realistic objectives 2. Include ascertainable wishes of child and family 3. Follow consideration of options, including but not limited to direct payments 4. State nature and frequency of services, as far as is practicable including health and social care in the same plan, especially if short breaks are provided from different agencies

5. State communication methods, clinical needs, risk assessment including moving and handling, dietary requirements, behaviour management, 6. State contact arrangements for emergencies 7. State commitments of professionals involved

short break plans for all children in need (2)

Short break plans for all children in need (3)

8. Refer to or summarise any other important documents about the child‟s development 9. Confirm those caring for the child have been selected following the advice in paras 143 to 156 in the guidance on direct payments (september 2009)

• 10. Outline arrangements to review the plan

Accommodation- which section?

• New statutory guidance about whether sec 17(6)
• r 20(4) of Children Act 1989 should be used .

This revises LAC 2002(13)

• Will LAC status lead to better outcomes or is

Children in Need process sufficient

Section 17 or 20?

If a child is provided with accommodation under section 17(6)

• The child is not looked after
• The care planning regulations do not apply (and

therefore there is no requirement to appoint an IRO)

• A child in need plan is required in accordance

with the framework for the assessment of children in need

• It is good practice that reviews should be at least

every 6 months or more often if required

Section 17 or 20?

If a child is provided with accommodation under section 20(4)

• Child is looked after and so IRO is appointed
• CPPR Regs apply, more rigorous requirements

regarding visits, reviews, and planning

Considerations on section 17/20 (1)

• 1. Particular vulnerabilities of the child, including

communication method

• 2. Parenting capacity of the parents
• 3. The length of time away from home and the

frequency of such stays, the less time the child spends away from home the more likely it is to be appropriate to provide accommodation under section 17(6)

• 4. Whether short breaks are to be provided in more

than one place

Considerations on section 17/20 (2)

• 5. Potential impact on child‟s place in the family

and on primary attachments

• 6. Observation of child (especially non-verbal

children) during or immediately after the break by person familiar with mood and behaviour of child (parent, school staff)

• 7. Views of the child and views of parents. Some

young people and parents may be reassured by and in favour of the status of a looked after child. Other young people and parents may resent the implications and associations of looked after status

• 8. Extent of contact between short break carers and

family and between child and family during the placement

• 9. Distance from home; and
• 10. The need for an independent reviewing officer

(“IRO”) to monitor the child‟s case and to chair reviews

Considerations on section 17/20 (3)

No easy answer

• There is no prescription that children provided

with accommodation for a certain length of time should be section 17.

• There is no alternative to an assessment of

particular needs of child and family

If section 20 (4), Reg 48 may apply…

• Regulation 48 sets out planning requirements for

series of short breaks for children in need (not just disabled)

• No single episode to last longer than 17 days
• No more than 75 days in every 12 months
• Any longer periods full LAC applies

Series of short breaks section 20(4)

• Purpose of Regulation 48 is to reduce unnecessary

administration.

• The easements apply only if the child is provided

with accommodation in a pre-planned series of short breaks in the same place.

If Regulation 48 then…

• Modified planning arrangements apply and there

must be a short break care plan addressing those issues key to the safe care of the child

• An IRO must be appointed
• The child‟s case must be reviewed within 3

months of the start of placement and then at intervals of no more than 6 months

• the first visit must take place within 15 days of

placement or as soon as practicable thereafter. Subsequent visits must be at intervals of no more than 6 months

Short break care plan (1)

Short break care plan to address

• The child‟s health, emotional and behavioural

development and details of any disabilities, clinical needs and medications the child may have, so that those caring for the child may do so safely and sensitively

• The child‟s specific communication needs

Short break care plan (2)

• Arrangements for contacting the parents as

necessary

• The child‟s likes and dislikes with particular

regard to leisure interests; and

• How the carers, as appropriate, promote the

child‟s educational achievement.

Short break care plan (3)

• Plus short break care plan should include some of

what is required in placement plan. There is no requirement for separate placement plan.

• The type and address of the accommodation and

the name of the person responsible

• How long the arrangement is expected to last and

steps to take to end or change the arrangements

• Relevant aspects of the child‟s history and

information about his religious and cultural background and how such matters affect the child‟s daily routine

Short break care plan (4)

• Any delegation of parental responsibility to the

responsible authority or to those who have care of the child, for example in the case of medical emergency for a child with complex health needs,

• r participation in specific activities
• Financial arrangements for the placement; and
• When the child is placed with a person who is

approved as a local authority foster parent, confirmation of the foster care agreement

Higher levels of breaks

There will be some children whose package of short breaks will be such that their welfare will be best safeguarded by being a looked after child:

• Who have substantial packages of short breaks

sometimes in more than one setting;

• Where there are lower levels of contact between the

child and family; and

• Where family resources are very stretched.
• In such cases, in consultation with parents, the local

authority may decide to accommodate the child under section 20(4). (Parents can remove the child from the accommodation at any time.)

Short break settings

• Refers to the different registration requirements and

inspection standards which apply to the different settings where short breaks might take place

• Clear that “an approved foster carer is the most

appropriate person to provide overnight accommodation care, away from the child‟s home.”

• Clarity on childminders “it is not appropriate for the

local authority to provide overnight accommodation with childminders who are not also approved foster carers”

Concluding messages (1)

• Sets out the statutory framework for the provision
• f short breaks in one place
• Emphasises the importance of assessment,

planning and review to safeguard and promote the welfare of children in need

Concluding messages (2)

• Specifically addresses issues of disability, risk

assessments, communication needs, carers assessments

• Recognises the central role of families and

consultation with children and their carers