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 Low Assessment Type of service Measures to safeguard Legal status Access to universal services Many services are Not a ‘social care’ case Self Assessment or CAF registered, with some quality assurance, with Ofsted or LA Local offer Initial assessment Targeted services Child in need - S.17 Child in need plan Level of Need Core assessment Low level of overnight short Child provided with short breaks breaks accommodation S.17 (6) Child is looked after – but Regular overnight short with lower level planning breaks in the same setting Looked after children requirements provided with short breaks under S.20 (4), where regulation 48 applies Looked after child provided High level of support, with short breaks under S.20 Full Looked After Child substantial overnight short (4) where regulation 48 does planning requirements apply breaks not apply High High N.B. This diagram is purely illustrative
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
short break plans for all children in need (2) 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 (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) or 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
Considerations on section 17/20 (3) 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
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, or 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
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