The Statutory Framework for Short Breaks
Transcript of The Statutory Framework for Short Breaks
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 approachLow
Leve
l of N
ee
d
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)
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
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,
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
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
of 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