HIGHLAND PRACTICE MODEL TRAINING

BOOKLET (Getting it Right For Every Child)

www.forhighlandschildren.org

www.hcpc.scot

Name:

Date of Training:

The Learning outcomes of the course

Understand the role of the Named Person and Lead Professional.

Be aware of Inter agency roles, responsibilities and procedures.

Information sharing.

Identifying and responding to concerns

The purpose of Child’s Plan and Child’s Plan Meetings

Have an awareness of risk assessment and Child Protection procedures.

Be aware of the role of the Reporter and the Children’s Hearing System.

This booklet supports the Highland Practice Model Guidance. It should not be used in isolation and aims to add some extra guidance for practitioners working with the existing Practice Guidance. This includes information about assessment, child’s plans, meetings and processes.

It is assumed that practitioners using this booklet will have undertaken an Introduction to Child Protection and the Highland Practice Model, and have read the Highland Practice Guidance prior to this training.

Assessing and Managing Risk in Getting it right for every childJane Aldgate and Wendy RoseGetting it right for every child team,Children Young People and Social Care,Scottish Government

IntroductionThe purpose of this paper is to provide a discussion of risk assessment and risk management in the context of Getting it right for every child. The first part of the paper looks at the importance of understanding needs and risks within a framework of a child’s whole world and well-being. The next part of this paper looks at the context of risk for children in Scotland. It then draws on a consensus from the literature to give an overview of the approaches most commonly used by different agencies for the assessment of risk in relation to children. It selects approaches that seem most relevant to working with risks to children’s well-being within the Getting it right for every child framework and indicates how these might be applied in practice. The paper ends with an outline of an approach to risk assessment

Taking a more inclusive approach The aim of the Scottish Government is to promote children’s well-being so that all children and young people can reach their full potential in adulthood and become successful learners, confident individuals, effective contributors and responsible citizens. To achieve their well-becoming in the future, children’s well-being is important at every stage of childhood. Every child needs to be healthy, achieving, nurtured, active, respected and responsible, and, above all, safe. These are the eight indicators of well-being which are used for the purposes of identifying concerns, assessment and planning in the Getting it right for every child practice model which we will describe later.

Many children may have temporary difficulties in one or more aspects of their well-being, which will affect how they progress but if these are dealt with quickly and appropriately, children will continue to flourish. Some may face more serious risks from vulnerabilities within themselves, such as health problems or genetic conditions that affect their learning. Some are placed at risk by those close to them, such at children at risk of neglect or abuse. Children may also become victims of bullying, other violence from peers or discrimination. There are also children who place themselves at risk through their behaviour. This will include children who present a risk of serious harm to themselves and others. The life opportunities of some children are affected by living in continuing poverty and dangerous communities (Scottish Government 2008a). In all these cases, children will have complex needs. Many of these children, who are not meeting their Well-being Indicators, will have a complex mix of risks and needs. Indeed, we would ague that risks and needs are two sides of the same coin. If a child is at risk in some way, that child will have needs related to their well-being. The more complex and interrelated the risks, the more likely that children’s well-being will be affected on several fronts.

In spite of the impact of multiple risks, writers in child development take a more optimistic view of children’s resilience and ability to recover from negative experiences (Schaffer 1998; Aldgate et al. 2006). Cicchetti et al., for example, go so far as to suggest that most children maintain the ability to’ show some resilience strivings in the presence of serious and chronic adversity’ (Cicchetti et al. 1993, p. 642).

It is important, therefore, to work in an integrated way with children, one which recognises the balance between positive and negative influences. Inner vulnerabilities may be

counteracted by resilience and adversity may be counteracted by protective factors (Daniel and Wassell 2002). This way of working will apply to all practitioners from different disciplines across different agencies. It also influences how parents can support their children. If this more balanced, inclusive approach is not taken to working with children, as Graybeal and Konrad (2008) point out, there are dangers of practitioners from any agency polarising their way of working into either ‘risk assessment’ or ‘strengths based approaches’, whereas what may be most in children’s interests is to develop inter-agency approaches that look at the whole picture of the child’s life. Graybeal and Konrad believe that ‘problems and strengths are inter-related and inextricable from one another, and are discovered through dialogue’ (Graybeal and Konrad 2008, p.185). They emphasise the importance of working collaboratively with children and families. Furthermore, it is not helpful simply to identify a risk without taking action to eliminate or, more commonly, manage that risk. This approach is central to the Scottish Government’s attitude to assessing risk in relation to offenders:

The need for information and assessment, whilst crucial to the management process, does not negate the need for action (Scottish Government 2008b, p. 37).

This way of thinking is fundamental to Getting it right for every child. Dialogue between children and families and practitioners within and between agencies is the foundation for ensuring children and families are fully included in discussing problems and possible solutions, and that agencies share information appropriately as needed. It also underpins any integrated approach to providing help. Traditionally, agencies have seen helping a child only in terms of the part of the child’s life that is the concern or responsibility of their agency. Getting it right for every child asks all practitioners to think about a child’s problems not only from their agency’s perspective but also to see any risks and needs in the context of the whole of a child’s life. Getting it right for every child is founded on 10 core components which can be applied in any setting and in any circumstance (Scottish Government 2008c). They provide the core of the Getting it right for every child approach in practice and provide a benchmark from which practitioners may apply the approach to their areas of work. They also inform a range of other policy developments and initiatives, some explored in more detail later on, such as Hall 4 (Scottish Executive 2005a) and A Curriculum for Excellence (Scottish Executive 2006a), and others which have a considerable impact, such as the Early Years Framework with its emphasis on early intervention (Scottish Government 2008d).

Core Components: 1. A focus on improving outcomes for children, young people and their families based on a shared understanding of well-being 2. A common approach to gaining consent and to sharing information where appropriate 3. An integral role for children, young people and their families in assessment, planning and intervention 4. A co-ordinated and unified approach to identifying concerns, assessing needs, agreeing actions and outcomes, based on the Well-being Indicators 5. Streamlined planning, assessment and decision-making processes that lead to the right help at the right time for children 6. Consistent high standards of co-operation, joint working and communication where more than one agency needs to be involved, locally and across Scotland 7. A lead professional to co-ordinate and monitor multi-agency activity where necessary 8. Maximising the skilled workforce within universal services to address concerns at the earliest possible time 9. A confident and competent workforce across all services for children, young people and their families 10. The capacity to share demographic, assessment and planning information electronically within and across agency boundaries through the national eCare programme where appropriate

Getting it right for every child has an integrated, common approach to gathering information about a child’s well-being. It uses three tools: the Well-being Indicators, the My World Triangle and the Resilience Matrix. The construct of well-being is central to understanding how children develop. The My World Triangle helps practitioners gather relevant information into a mental map of the strengths and pressures affecting a child and family. The triangle is deliberately presented from the child’s perspective to reinforce the Getting it right for every child principle that children at the centre of any of the activities of practitioners. The construct of resilience is embedded in the language of many agencies and is linked with understanding how risks may be overcome or managed. The ecological approach in these three tools is well-grounded in child development theory about the interactions and transactions that take place within and between different parts of a child’s world (see, for example, Daniel et al. 1999, Rose and Aldgate 2000; Aldgate et al. 2006). Later in this paper, we discuss how the Well-being Indicators, the My World Triangle, and the Resilience Matrix are used in the assessment of needs and risks for any child about whom there are concerns.

Problems in defining risk The assessment of risk of both adults and children has posed some difficulties in finding common definitions. In her review of the international literature on risk assessment for the Scottish Government, Barry (2007) suggests there is no clear definition of risk, and little consistency in defining high, medium and low risks. Low risks are often seen as a matter of professional judgement. Barry goes on to suggest that risk factors can be static or dynamic. Static risk factors, such as age, sex, offence history health or education record, do not change. Dynamic factors, by contrast, can change over time and are both ‘variable and outwith the control of the individual’ (Barry 2007, p. 5). These include income and employment patterns, changes of school, as well as changes through choice, such as drug use or vandalism. Barry comments that a combination of static and dynamic factors is more likely to be effective in predicting risk rather than static factors alone.

Risk may also be influenced by the approach of different disciplines. Carson (1994), quoted in Cleaver et al. (1998), for example, draws a comparison between social work, which tends to focus on risk as applied to harm and other areas, where risk analysis also includes benefits or positive factors that might result from taking risks. Such an approach is familiar territory for the medical profession in weighing the merits of a particular intervention. As Cleaver et al. (1998) comment, discussion of risk outwith child protection:

always assumes that there is a choice between taking the risk and not taking the risk, and that risks by their nature can be put off until a more favourable time. In social work risk taking, however, there

Health and assessing risk In the area of children’s health, Health for All Children 4 (Scottish Executive 2005a) which is commonly known as Hall 4, locates the initial identification of risk within the universal service. It sets out ‘a core programme of health checks, screening activity and health promotion for all children from birth to five years’ (Scottish Executive 2005a, p. 33). Where children are identified as being in need and/or at risk, there can be additional support which may be wide-ranging. This may include multi-agency work, which acknowledges the interface between health and social issues. Hall 4 advocates health professionals take an holistic view of a child. There is recognition, for example, that schools can play a big part in minimising the risks to children’s health by promoting active and healthy lifestyles, including healthy eating and sport. Often parents and carers will pick up health issues but health practitioners will often be the first professionals to pick up concerns about children’s safety and nurture at home. Such early interventions, including an emphasis on promoting good care giving behaviour between parents and children, can also be the most effective way to prevent developing mental health problems in children.

The implementation of Hall 4 includes children’s mental health. It links with the Scottish Executive’s Mental Health Framework for Children and Young People (Scottish Executive 2005b). The Framework stresses:

the importance of considering the child’s global environment, recognising elements which support mental health and wellbeing as well as those factors which may increase the risk of mental health problems, including the potential impact of a parent’s ill health on their child.

The Framework promotes a “mainstream” approach to mental health and wellbeing, which equips a range of health and other children’s services professionals with the basic skills to be able to support parents in developing a basic understanding of risk and protective factors that may affect their child’s mental health and wellbeing

Education and assessing risk

Education policy also recognises the importance of taking a whole child approach from within education. A Curriculum for Excellence recommends that children’s well-being is on the agenda of teachers:

Curriculum for Excellence has an important role to play in promoting the health and wellbeing of children and young people and all of those in educational communities to which they belong. Learning through health and wellbeing promotes confidence, independent thinking and positive attitudes and dispositions. Because of this, it is the responsibility of every teacher to contribute to learning and development in this area (Scottish Executive 2006a, p.10).

The links between children’s development, well-being and the handling of transitions in their educational careers are also recognised:

The transition from early years to primary school, primary school to secondary school, and from secondary school to employment or further education or training, have been identified as vulnerable stages of development for children and young people. Transitions between geographical and agency areas can also be vulnerable points (Scottish Executive 2005a, p. 42).

The importance of transitions is stressed in the Education (Additional Support for Learning) (Scotland) Act 2004 which makes provision ‘to strengthen future needs planning arrangements for those young people with additional support needs, who need extra help, to ensure a successful transition to post-school life’ (Scottish Executive 2005a, p. 42).

Education also has to take account of children’s safety in different ways. Every school has protocols for working in partnership with social work in child protection. Teachers also have to be mindful of assessing the risks to children’s physical safety if they take children out of school on excursions, as well as attending to Health and Safety procedures to minimise risks within the school building.

Social work and assessing risk

The Children (Scotland) Act 1995 places a duty on local authorities to safeguard and actively promote the welfare of children in need in their area by providing services to them and/or their families. Within local authority services, social work has an important part to play in assessing and providing services for children in need. Changing Lives (Scottish Executive 2006b) points out that social workers are particularly well equipped to be the lead professional in collaborative work in many circumstances including where:

• the child or adult is at risk of serious harm from others or themselves and requires skilled risk assessment and protection;

• the child or adult is likely to put others at risk or harm, distress or loss and a response needs to take account of the individual’s interests and well-being of others; • the child’s or adult’s circumstances, including their health, finances, living conditions or social situation, are likely to cause them or others serious harm, social exclusion or reduction of life-chances; • the situation requires assessment of, and intervention in unpredictable emotional, psychological, intra-family or social factors and responses; • the circumstances are such that there are significant risks in both intervening and not intervening, when a fine judgement is required (Scottish Executive 2006b, p. 29).

Social workers’ unique contribution is spelt out through the duties laid on them by legislation. Social workers are likely to play a prominent role when children need protecting. They will have the complex task of assessing both risk and need at all stages of working with children and families in these circumstances. This will include assessing the impact on children of adult family members’ substance misuse, domestic abuse or mental health issues. The responsibilities of social work departments and indeed of the local authority as a whole are particularly clear and important where the local authority has assumed the role of ‘corporate parent’ (see Scottish Government 2008e). There are special considerations of needs and risks in relation to kinship care, foster care, residential care and adoption.

Police and assessing risk

The police in Scotland encounter children in a wide and varied set of circumstances. The primary duties of the police are to ensure that immediate risks to a child’s safety are identified and action taken which is necessary to safeguard that child. The Children (Scotland) Act 1995 s.61(5) provides powers to constables to remove a child in emergency circumstances when there is immediate risk of significant harm, with less urgent though equally concerning situations catered for through the application process for Child Protection Orders. Liaison with partners in social work, health and education is crucial to the assessment made on a dynamic basis using collective, evidence informed professional judgement. This is consistent with Getting it right for every child processes for identifying and acting upon concerns. Where there is such urgency that consultation is impossible action would be taken on a single agency basis.Where a child is involved in an incident as a victim, witness or suspect, assessment of risk will run in parallel with the criminal investigation to establish circumstances amounting to a crime and identify the offender. Throughout an investigation, the consideration of risk to the child’s safety will remain paramount. Liaison with partners in assessing risk and actions required to meet the child’s needs will be key. This includes contact with key personnel in the universal services, such as the named person in Highland, and with the lead professional where one has been appointed.

It is not the role of the police to carry out complex and detailed assessment of a child’s needs. The police can, however, contribute to the holistic package of information required for the assessment of, and planning for, a child’s needs. Training for police officers includes ‘child protection awareness’ at all stages of their careers. Operational staff are encouraged to identify situations of concern and act appropriately, recording and flagging their concerns. Specialised units/points of contact within police forces have the responsibility of liaising with partner agencies where concerns are identified. Where joint police and social work interviews are necessary, good practice guidance is available (see Scottish Executive 2003a). As Getting it right for every child is embedded in practice, the police will be encouraged to use the Well-being Indicators against which they will be able to log their concerns. Trialling of this approach in the Highland Pathfinder is proving to be helpful to joint working.

Youth justice and assessing risk

In youth justice, Barry (2007) suggests that the experience of crime is actually far less than the fear of it. The chances of engaging in anti-social behaviour rise with the presence of multiple risk factors such as poor parental supervision, being a low achiever, living in a lone parent family and truanting but even here only 4 out of 10 high risk factor children will behave in an anti-social manner (Barry 2007, p. 9). In youth justice in Scotland, children who present a risk of serious harm are defined as those involved in sexually harmful behaviour, sexual offences and serious violent behaviour. The focus is not ‘solely on a specific type of offence or behaviour but on the level of risk posed’ (Scottish Government 2008b, p. 6). Both the behaviours and levels of risk should be identified through detailed assessment, taking account of all relevant information. This assessment will then influence any risk management strategies. It is also suggested that ‘because of the strong correlation between age and crime for both offenders and victims and the fact that the majority of adolescent offenders do not become adult offenders, they should be dealt with as vulnerable first and foremost rather Version 1.2, November 2008 than culpable’ (Barry 2007, p. 9). Such an approach reflects the emphasis in Getting it right for every child on assessing the whole child and early intervention.

Children who may be a risk to others can be dealt with through Children’s Hearings or may be prosecuted through the criminal justice system, where they may also be subject to the notification requirements and orders under the Sexual Offences Act 2003 and may be included in Multi Agency Public Protection Arrangements (MAPPA), developed under the Management of Offenders etc. (Scotland) Act 2005. The Risk Management Authority (RMA) in Scotland has set up extensive guidelines and standards to promote best practice. The RMA identifies that:

violent and sexual offending are complex phenomena and so require individualised responses that are dynamic and derived from multi-faceted risk assessment. In turn this requires multi-layered and multi-modal risk management plans practice in the effective assessment and management of risk posed by offenders (Scottish Government 2008b, p. 37).

The risks of growing up in poverty

The association between multiple risk factors and the development of anti-social behaviour is just one aspect of a continuing concern by the Scottish Government about the risks to all areas of children’s well-being of growing up in poverty:

Continued poverty not only affects the adults involved by condemning them to a life of financial struggle, reduced life chances, and a greater risk of suffering poor physical and mental wellbeing. Poverty among families also affects everyone in the household. We know that children who grow up in poor households are more likely to grow up to be poor adults themselves, and that they are more likely to achieve fewer qualifications and be less likely to enter Higher Education, to be more likely to have poor physical and mental health, and to suffer from worklessness in adult life (Scottish Government 2008a).

Throughout the Scottish policy documents relating to different services for children lies a common core of locating children’s needs and risks within the context of the whole child. This approach is at the heart of Getting it right for every child and a central part of the practice model used to assess risk and need.

Recognising and assessing risk is embedded in several pieces of legislation in relation to children and young people

The multi-agency context for recognising and managing risk in relation to children and young people is contained within a range of legislation:

Legislative Framework – Recognising and Assessing Risk

1. Children and Young Persons (Scotland) Act 1937

http://www.statutelaw.gov.uk/legResults.aspx?LegType=All%20Primary&PageNumber=3&BrowseLetter=C&NavFrom=1&activeTextDocId=1111220 2. Children (Scotland) Act 1995

http://www.opsi.gov.uk/acts/acts1995/ukpga_19950036_en_1.htm 3. Criminal Law (Consolidation) (Scotland) Act 1995

http://www.opsi.gov.uk/acts/acts1995/Ukpga_19950039_en_1.htm 4. Human Rights Act 1998

http://www.opsi.gov.uk/acts/acts1998/19980042.htm 5. Commissioner for Children and Young Persons (Scotland) Act 2003

http://www.opsi.gov.uk/legislation/scotland/acts2003/20030017.htm 6. Protection of Children (Scotland) Act 2003

http://www.opsi.gov.uk/legislation/scotland/acts2003/asp_20030005_en_1 7. Sexual Offences Act 2003

http://www.opsi.gov.uk/acts/acts2003/20030042.htm 8. Vulnerable Witnesses (Scotland) Act 2004

http://www.opsi.gov.uk/legislation/scotland/acts2004/20040003.htm 9. Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005

http://www.opsi.gov.uk/legislation/scotland/acts2005/20050009.htm 10. Family Law (Scotland) Act 2006

http://www.opsi.gov.uk/legislation/scotland/acts2006/20060002.htm 11. Protection of Vulnerable Groups (Scotland) Act 2007

http://www.opsi.gov.uk/legislation/scotland/acts2007/20070014.htm 12. The Education (Additional Support for Learning) (Scotland) Act 2004 http://www.

The Child’s Plan

The criteria for a good plan – please tick/cross as appropriate

No prior knowledge assumed – Does this Plan paint a full enough picture to meet the needs of readers who may never have considered the child before?

Accurate and understandable – Are the ‘Details’ sections of the Plan accurate and up-to-date; Is the Plan written in clear, understandable, factual language, avoiding repetition?

Reasons for the Plan – Does this section provide an overview of why this child needs a multi-agency Plan?

Basis to Assessment – Are the sources of information for this Plan clear? Is it based on the best available information? If not, why not, and what’s needed to strengthen the assessment of what this child needs?

Assessment – Does the Assessment paint a rich enough picture of how this child is growing and developing, what s/he needs and what s/he gets from the people who look after him/her, and from his/her wider world? Does the Analysis capture the impact or likely impact of strengths and pressures?

Current needs/risks – Does this section pull together the assessment, and what’s now needed?

Action Plan – Does the Plan provide a clear sense of direction for this child? Does it capture the goals, the stepping stones to them, the action required and the who/when of how it’s to be delivered?

Outcomes - Is there evidence of improved outcomes through the evaluation within the plan. Please note these below.

Compulsory measures – Does the Plan provide a clear assessment of the role for compulsory measures, and any conditions, in supporting the Action Plan?

Child’s/Carers’ views and action – Does the Plan capture the role and views of the child and his/her carers in the Assessment and the Action Plan?

Score out of 10

Further comment:

CHILD’S PLAN MEETINGS

Proceeding to a Child’s Plan Meeting

The Lead Professional/ Social Worker will be responsible for leading the multi-agency assessment and coordinating a Child’s Plan and assessment. The allocated Lead Professional/ Social Worker must:

Book a room for the meeting. Distribute an invitation to all Partners to the Plan and the Chair clarifying when and

where the meeting will take place, at least a week prior to the meeting. Ensure there is appropriate representation at the meeting from each of the key agencies.

They must respect the need to keep the number in attendance proportionate, in line with the Highland Practice Model. .

Complete the report of the Child’s Plan including the chronology in partnership with the Core Group. This must be shared with all Partners to the Plan and Chair a week prior to the Child’s Plan Meeting taking place.

Ensure the wishes and views of the child and family are clearly recorded in the appropriate sections of the Child’s Plan.

Prepare children and their parents/carers for the Child’s Plan Meeting and ensure that they are appropriately supported.

Attend and present the Child’s Plan and assessment at the Child’s Plan Meeting. There must be very specific reasons if children and their parents/carers are excluded from

a Child’s Plan Meeting. Reasons will be discussed and agreed by the Line Manager. The reasons for children and their parents not being invited should be recorded in the Child’s Plan and on CareFirst

It will only be in exceptional circumstances that a pre-planned Child’s Plan Meeting can be rescheduled. This must be agreed by the Childrens Service Manager in consultation with the Resource Manager - Looked After Children & Child Protection if it goes out-with the statutory timescale.

The Child’s Plan

The Lead Professional/ Social Worker should take account of the following information and record it within the Child’s Plan:

Key family members, relevant persons, including Significant Others in the child’s life. Name all Partners to the Plan. Record the Named Person and liaise closely with them in seeking information and

analysis of the child’s circumstances. Record information shared by professionals who work with the child or parents; e.g.

School, Health Visitor, Criminal Justice Worker, Addictions Workers, Learning Disability, Mental Health and GP.

Liaise closely with the child, parents and carers seeking their views of the assessment and the proposed actions necessary to support the child and family.

Copy the exact wording of the Compulsory Supervision Order and conditions in Section 1 of the Child’s Plan - Are there any statutory measures in place?

Complete, in consultation with the Partners to the Plan, Section 3 of the Child’s Plan - Action Plan - identifying what actions are in the best interests of the child to move the Child’s Plan forward.

The documentation that is presented to the Child’s Plan Meeting will only be the integrated Child’s Plan and it should include information from other agencies. There should only be one report, unless an additional specialist assessment has been commissioned.

Record clearly in the Child’s Plan, how many times they have seen the child since the previous meeting.

Chairing the Child’s Plan Meeting

The Chair’s role is to:

On receipt of a request for the first Child’s Plan Meeting, send an invite on Outlook to Senior Clerical so they can record the meeting on CF as an Activity or if Chair has access to Carefirst they can do this task.

Meet with parents/carers prior to the meeting starting where appropriate and explain the nature of the meeting and ground rules.

Confirm that the meeting has the necessary people in attendance and ask for withdrawal of some if there are too many representatives of the same agency.

As part of the action record, distribute and keep an attendance sheet which records information about who was present and statistical information required by Highland Council for statutory purposes.

Record that participants at the meeting have been provided with the Child’s Plan and had sufficient time to read it in advance of the meeting.

Ensure the introduction of each member of the meeting, draw attention to issues of confidentiality and the manner in which the meeting should be conducted.

It is the Chair’s responsibility to manage behaviour within the meeting and it may be necessary, on occasions, to ask people to leave the meeting and it may then be necessary for the Chair to make a decision about whether or not the meeting can continue.

Throughout the meeting, the Chair should ensure the focus is on progressing the Child’s Plan and the recommendations required to do so.

Facilitate information sharing and analysis. Challenge any delays in action being taken by staff or agencies. Ensure that the parent’s/carer’s and child’s views are taken into account and properly

represented. Advise parents/carers about local dispute resolution processes if necessary. Agree and set review dates. Wherever possible, Chair the next review Child’s Plan Meeting to maintain a level of

consistency. The Chair will record information regarding any changes and decisions agreed at the

meeting on an Action Record. Ensure that timescales are adhered to, including review dates, and the Action Record is

saved on Carefirst. Meetings should be conducted timeously

Following the Child’s Plan Meeting

The responsibility for information sharing following the Child Plan Meeting/ Review will be as follows:

1. The Chair will complete an Action Record, identifying any changes or decisions made during the meeting.

2. The Chair will email the Action Record and Attendance Sheet to the QARO Generic Mailbox and cc the Lead Professional.

3. The Senior Clerical Worker will save a copy of the Action Record and Attendance Sheet on the Child’s Plan Meeting shared drive.

4. The Senior Clerical will save a copy of the Action Record on CareFirst as an Observation and the date of the next meeting as an Activity.

5. The Lead Professional is responsible for updating the Child’s Plan with the information from the Action Record.

6. The Lead Professional is responsible for distributing the new Child’s Plan to all Partners to the Plan.

7. The Lead Professional is responsible for notifying the ASP Co-ordinator (Barrie Forbes) of Additional Support for Learning Needs.

Timescales

The Action Record will be completed by the next working day after the Child’s Plan Meeting and sent to the QARO Generic mailbox.

The Senior Clericals will save the Action Record on the shared drive and on Carefirst as an Observation on the day it is received in the Generic Mailbox.

The Lead Professional will then update the new Child’s Plan for distribution to the Partners to the Plan and Child or parents/ carers within 5 working days of the Child’s Plan Meeting.

A Child’s Plan Meeting will take place within 6 weeks of a child becoming subject of any Legal Order or becomes accommodated or their placement changes.

After the initial Child’s Plan Meeting there will be a further review held within 3 months and then every 6 months thereafter.

If a child is subject to a Permanence Plan, and to ensure there is no drift, the Chair will maintain a 3 monthly overview via a paper review or full meeting to ensure things are on-going.

Permanence Planning at Child’s Plan Meetings

When the focus of a Child’s Plan Meeting is to make Permanence plans for a child, the meeting will run in accordance with the standard Child’s Plan Meeting as recorded above. Where there will be a difference will be as follows.

A Senior Clerical Worker will attend the meeting and record a Minute of the discussion. The Chair will write a Decision Letter following the meeting, and send it to the Senior

Clerical Worker and Lead Professional. The Senior Clerical Worker will save a copy of the Decision Letter on Carefirst and send

it out via post or e-mail to those invited / in attendance at the meeting within 5 working days of the meeting.

The Senior Clerical Worker will also send the Decision Letter to the Clerk to the Permanency Panel.

The Senior Clerical Worker will send the written Minute to those invited / in attendance at the meeting and the Clerk to the Permanency Panel within 10 working days of the meeting.

ducational Psychology in PracticeVol. 26, No. 3, September 2010, 239–249ISSN 0266-7363 print/ISSN 1469-5839 online© 2010 Association of Educational PsychologistsDOI: 10.1080/02667363.2010.495204http://www.informaworld.com

Extract from

The development of solution focused multi-agency meetings in apsychological serviceShiona Alexander* and Heather SkedHighland Council, Inverness, UK

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Structure of meetingsMeetings may vary according to the situation but they all have certain key elements:

● Parents and the child or young person are always prepared beforehand and debriefed after the meeting.● The atmosphere is deliberately created to be empathetic and non-judgemental.● A warm welcome is given to everybody and tea/coffee/juice and biscuits are often offered.● The facilitator of the meeting gives an explanation of the purpose and process of the meeting.● The person who had asked for the meeting to be held gives a description of the strengths and difficulties of the child or young person.● The facilitator, using a flipchart, uses the heading ‘The main issues are how to …’ and asks the group what they consider the main issues for the child to be.The facilitator makes sure that the child is included in this. Concerns are framed positively and written in a list under the heading.● When all the main issues are up on one sheet, everybody in the meeting is given three votes, either using small dot stickers or felt tip pens, and everybody is asked to put their votes for whichever issue they consider to be the most important.All three votes could go to one issue or they could spread votes out whichever way they prefer.● The votes are counted and the difficulty which was highlighted the most is then written on a new piece of paper on the flip chart with specific wording: ‘In how many ways may we help [John to attend school more]?’● The facilitator then encourages everybody in the meeting to think of ways that will help John, for example, to attend school more. This thinking is helped by asking for exceptions. When does John attend school? What does he like about school?● This sheet of ideas then forms an Action Plan. Names, and sometimes timescales, are assigned to each of the ideas in the Action Plan.● A review date is arranged.● Notes of the meeting are sent out to all attendees. These are deliberately kept brief, only including who attended, the main issues and the action points.● If appropriate, the action point sheet is rolled up and given to the child or young person to take away, encouraging him/her to feel more responsible and included in the process.● After the meeting the professional who knows the child best debriefs the meeting with him/her and parents are accompanied to the door and asked how they felt about the meeting and the Action Plan. Any last minute issues can then be clarified.

Principles

Running throughout the meetings are key solution focused principles:● Effective work can be carried out without understanding the cause of the problem. 20% of the time in the meeting is spent discussing the problem and 80% on solutions. This can only work properly when the explanation of the type of meeting being held has been given to parents and they have had a previous chance to discuss the problem thoroughly. This also applies to all the professionals. Such a theoretical orientation is based on a systems perspective (Bateson,1972) and social constructivism (de Shazer, 1988; Efran, Lukens & Lukens, 1988).● Goals are central. When people are asked to give their main concerns, these are collected in a list on a flip chart after the phrase ‘the main issues are how to …’ This starts re-framing the problems into goals.● No sign-up, no change. Parent and pupil have to be equally included in the group and have an equal voice. This is helped by everybody having an equal vote and a facilitator checking out with parent and pupil throughout the meeting that their views are being accurately reflected.● End time for the meeting is stated at the beginning and meetings are reasonably short, generally half an hour to three quarters of an hour. Solution focused therapists found that most of the valuable work done in therapy was towards the end of the session, no matter the length of the session (de Shazer, 1985).● One small change can lead to many other positive changes and can affect other areas of a person’s life. This encourages the generation of all types of ideas, even very small ones.

● There are always exceptions to the problem throughout meetings. The facilitator is always looking for exceptions, for example, when does the pupil attend again.● If it works do more of it. Again the facilitator is looking throughout the meeting for what is successful, what is working and how more of it can be done.● People have a wealth of resources in them to resolve difficulties. So throughout the meeting there is an emphasis on highlighting the child/young person’s strengths and using them to look for solutions.

Not all the principles are used all the time and judgement is needed regarding when it is helpful to ask for exceptions, when a little more time is needed to discuss the difficulties and when to focus on what is working.

Some facilitators write the concerns up on the flip chart verbatim whereas others feel that some re-framing at this point can help to encourage a more positive view of the child or young person. For example, if the pupil was described as ‘always distracted’ it might be helpful to change this from the global statement to something like ‘distracted a lot of the time’ or even ‘how to help him to concentrate’, as long as the change still reflects the person’s view. The facilitator always checks with the group member that the statement reflects their view accurately before writing it up on the flip chart.

There is considerable skill required to keep all the meeting members engaged and comfortable. The facilitator sets the tone of the meeting and therefore in the solution focused meeting not only needs to be non-judgemental and empathetic but also positive, optimistic and enthusiastic.

Legal Issues - the involvement of parents in education

The key question is who is a parent?

The answer to this depends on which part of a child’s life is being considered.

A distinction requires to be drawn between matters pertaining to a child’s education for example access to educational records, attendance at parent’s nights etc and matters pertaining to a child’s welfare for example where the child lives, how they should be referred to (name), who can collect the child from school.

For the former the definition of a parent is governed by the Education (Scotland) Act 1980; for the latter the definition is provided by the Children (Scotland) Act 1995.

Definitions

Children Act (Scotland) Act 1995 sets out who is considered to have parental rights and responsibilities for a child. They are as follows:-

Natural mother (unless removed by a court) Natural father if married to the mother at the time of the child’s conception or

subsequently even if now divorced or separated (unless removed by a court) Unmarried father if granted the rights by a court Unmarried father if granted the rights by the mother (section 4 agreement) Others awarded rights by a court order eg adopters, others with whom the child

might reside for example grandparents/extended family Unmarried father if named on the birth certificate for a birth registered after 4 May

2006

All such people have parental rights and responsibilities in respect of a child. Such rights and responsibilities go beyond what is envisaged by the legislation governing education and include, for example, the power to govern a child’s residence. Obviously there will be occasions where there are disputes about the exercise of such powers and inevitably schools may get involved.

Education (Scotland) Act 1980 – “parent” is defined as including a guardian or any person who is liable to maintain a child or who has parental responsibilities in respect of a child within the meaning of the 1995 Act or who has care of a child of young person.

This is significant and extends the definition of parent much beyond a person who has parental rights and responsibilities for a child in terms of the 1995 Act.

For the purposes of educational matters then a parent can include:-

Mothers Fathers even if they are unmarried and do not have parental rights and

responsibilities for a child – they are “liable to maintain” Step parents where they have care of a child ie living in the same household or on

occasions where a step parent has done so in the past and treats the child as a child of the family

Other family members for example grandparents where they are the main carer for the child ie the child lives with them

All these people then should be treated as a “parent” for the purposes of matters relating to education.

Specific Examples where this distinction is relevant

An unmarried father with no parental rights and responsibilities – If required such a parent should have rights to attend parent nights, get copies of school reports but is not entitled to attend at school and remove the child. He is a parent as he is liable to maintain but he does not have parental rights and responsibilities.

Change of Name – The basic principle is that a person with parental rights and responsibilities can call a child what they choose so name changes can be made in this informal way. This may lead to disputes where 2 parents with parental rights and responsibilities have different views. Ultimately this will be resolved by a court and schools should not require to get involved.

Contact Disputes – It frequently arises where there are disputes in respect of contact or residence issues for children (previously referred to as custody and access). Schools are often asked to provide letters of support to one parent. Where both parents have parental rights and responsibilities it is suggested that all correspondence from the school be copied to both parties and if schools are asked to provide statements that such statements relate only to issues which are a matter of record.

Fiona Malcolm, Legal Manager (Litigation & Advice) Feb 2014

Section 67 Children’s Hearing (Scotland) Act 2011.

The grounds are that—

(a) The child is likely to suffer unnecessarily, or the health or development of the child is likely to be seriously impaired, due to a lack of parental care,

(b) A schedule 1 offence has been committed in respect of the child,

(c) The child has, or is likely to have, a close connection with a person who has committed a schedule 1 offence,

(d) The child is, or is likely to become, a member of the same household as a child in respect of whom a schedule 1 offence has been committed,

(e) The child is being, or is likely to be, exposed to persons whose conduct is (or has been) such that it is likely that—

(i)the child will be abused or harmed, or (ii)the child's health, safety or development will be seriously adversely affected,

(f) The child has, or is likely to have, a close connection with a person who has carried out domestic abuse,

(g) The child has, or is likely to have, a close connection with a person who has committed an offence under Part 1, 4 or 5 of the Sexual Offences (Scotland) Act 2009 (asp 9),

(h) The child is being provided with accommodation by a local authority under section 25 of the 1995 Act and special measures are needed to support the child,

(i) A permanence order is in force in respect of the child and special measures are needed to support the child,

(j) The child has committed an offence,

(k) The child has misused alcohol,

(l) The child has misused a drug (whether or not a controlled drug),

(m) The child's conduct has had, or is likely to have, a serious adverse effect on the health, safety or development of the child or another person,

(n) The child is beyond the control of a relevant person,

(o) The child has failed without reasonable excuse to attend regularly at school,

(p) The child—

(i) is being, or is likely to be, subjected to physical, emotional or other pressure to enter into a marriage or civil partnership, or

(ii) is, or is likely to become, a member of the same household as such a child.

(q) The child –

(i)Has been , is being or is likely to be forced into a marriage (that expression being constructed in accordance with section 1 of the Forced marriage etc. (Protection and Jurisdiction (Scotland) act 2011 (asp 15) or,

(ii) Is, or is likely, to become a member of the household as such a child.

NOTE: the underline donates where the law has changed

Inter-agency Guidelines to Protect Children and Young People in Highland

Appendix K:

Timescales for different stages of acting on Child Protection concerns

Highland has introduced some new timescales in line with the National timescales for Child Protection Plan Meetings as well as for the production of minutes and Child Protection Plans. Every effort should be made to meet the timescales within the Highland guidance but it is recognised that this may not always be possible. The reasons for not complying with the timescales should be clearly recorded and approved by Area children’s service manager’s and notified to the Keeper of the Child Protection register, along with a proposed future date for completion.

Highland

Notification of

concern to Initial CPPM

1. All children about whom child protection concerns have been expressed should be seen by a qualified Social Worker within 24 hours, unless the referrer is a professional who has seen the child that day and it is clear that the child is not at immediate risk. If a child is not seen within 24 hours, the reasons for this should be recorded by the Practice Lead for Care and Protection.

2. Decisions about how child protection concerns will be responded to should be made by the Practice Lead for Care and Protection as soon as possible and not later than 24 hours from the initial contact.

3. The administrator will arrange a date and time for the meeting within 14 calendar days of the decision being made with the Quality assurance & Reviewing Officer

Invitations Participants should be given a minimum of 5 calendar days‟ notice of the decision to convene a CPPM whenever possible

Review

CPPM

A meeting will take place within three months of

registration, with subsequent Child Protection Plan Meetings within six months if registration is continued. Changes in the child’s circumstances or

legal status may require any scheduled meeting to be brought forward.

Pre-birth

CPPM

The CPPM should take place no later than at 28 weeks pregnancy or, in the case of late notification of pregnancy, as soon as possible within 14 calendar days of the decision being made with the Quality Assurance & Reviewing Officer

Core group The first core group subsequent to the Child

Protection Plan Meeting will take place within 14 calendar days of registration, dates for a further two core groups should be set after the Child Protection Plan Meeting, and that these dates should be no more than one calendar month apart.

Minutes 1. The draft minute including any protected information will be forwarded for verification within 10 calendar days.

2. All attendees will check the minute on receipt and notify any changes to the chairperson within 7 calendar days

3. The final minute will be sent out within 20 calendar days after the Child Protection Plan Meeting

CP Plan Written decisions of the Child Protection Plan Meeting will be sent to all invited agencies/services, parents and children regardless of attendance, within 5 calendar days of the meeting

Changes to

CP Plan

Minutes of all core groups should be forwarded to the QA&RO within 3 calendar days

Protected Period Any requests for a protected period should be discussed with the chairperson wherever

possible 2 calendar days prior to the meeting providing clear justification as to the reasons why.

Access to Child’s Plan Access to the Child Protection Plan and any other written documents will be provided no later than 2 working calendar days before the Initial CPPM and 7 calendar days prior to all other meetings.

Parents or carers not invited to attend CPPM

Where children and/or parents/carers are not

invited to attend, they must be informed and given reasons for the decision in writing by the Practice Lead for Care and Protection at least 7 calendar days before the

date of the meeting.

Joint Investigation If a joint child protection investigation is agreed, this should commence within 24 hours of that decision being taken.

NB: Unless otherwise stated, the timescales used throughout this document refer to ‘calendar’ days or, in the case of Education, ‘school’ days.