Avoiding Dual Protection


Who this guidance applies to;

  • Children who become Looked After and are subject to a Child Protection Plan
  • Children who are subject to a Child Protection Plan and an Interim Order has been made in Care Proceedings i.e. Supervision Order, Child Arrangements Order

Children in these circumstances are ‘doubly protected’ in that they are subject to both a care plan through the Court process and subject to a Child Protection Plan. This duplication is unnecessary and leads to an excess of reviewing procedures. As such a process has been devised to support an administrative end to Child Protection Plans.

This process does not include Private Law proceedings as the child/ren should be brought back to conference to discuss if a child protection plan is needed in these cases. It also does not include the Public Law Outline.

 

Children who become Looked After and subject to a Child Protection Plan

When the child becomes looked after the Social Worker must notify the IRO unit within 1-day. The Independent Conference Chair may become the IRO, if that is not the case the IRO unit will allocate an IRO within 5-days.

The Social Worker and IRO will arrange a Looked After Review within 20-days of the child/young person coming into our care.

The Social Worker will consult with the Core Group, not all conference members will necessarily attend the Looked After Review. However, it is important that they understand the plan for the child and that their views are known.

The Social Worker will write a Looked After Review Report on the child’s electronic file before the review. The Social Work report must consider what elements of the child protection plan are outstanding and need to transfer to the Child/young persons Care Plan. The report should also evidence the rationale for how risk is being managed and now that they are in care. The Social Worker is not required to produce a Child Protection Report.

The Social Worker must give ensure that the multi-agency contribution to the review of the Child Protection Plan is addressed within the review of the Looked After Care Plan.

At the Initial Looked After Review the Care Team will review the Child Protection Plan and the Care Plan. The Looked After Review process must always consider the safeguarding issues for the child.

Following the decisions being agreed at the end of the Looked After Review the IRO will consider whether the criteria continues to be met for the child to remain the subject of a Child Protection Plan. Children and young people should not be subject to both Child Protection and Looked After Plans, unless there are exceptional circumstances. The IRO will record the multi-agency discussion and their rationale in the record of the Looked After Review.

When the decision has been made to end the plan, business support at the IRO unit will inform, in writing, those agency representatives who were invited to attend the initial Child Protection Conference that led to the plan as well as any new agencies working with the child. This will be within 1-day of the decision being made.

 

Children who are subject of a Protection Plan and an Interim Order made in Care Proceedings

In the circumstances when Care proceedings have been issued, when a legal order other than a Care Order is in place (such as an Interim Supervision Order/Interim Child Arrangements Order) removal from a protection plan can be considered.

Following the orders being granted, the Social Worker, will advise the Core Group Meeting that the child protection plan will end. This will provide multi-agency partners the opportunity to understand the plan and if they feel the Child Protection plan should not end they can challenge the decision via the Professional Challenge Process.

Following the Core Group being advised of the plan, a case note will be completed by the Social Worker ‘request administrative removal from protection plan’ and the Independent Chair and IRO unit Manager should be notified so that they can review the case note. The Social Worker must outline what elements of the child protection plan are outstanding and need to transfer to the child’s plan. The record must also evidence the rationale for how risk is being managed through Care Proceedings using the following headings;

  • When Care proceedings commenced
  • Where the child is now living, what orders are in place and when they were made
  • Date of discussion with core group members to agree administrative end of the plan (and name/contact details for those professionals who are involved)
  • Proposed visiting frequency
  • Brief Risk Analysis that outlines why the child no longer requires a protection plan i.e.:- how the child is now safeguarded.

The Independent Chair will review the request from the Social Worker and progress the ‘End CP outside of Conference’ process. Any discussions that occur to inform the decision making will then be recorded on case note "decision to administratively remove protection plan".

The Managers of the IRO unit will need to consider whether the criteria continues to be met for the child to remain the subject of a Child Protection Plan. Children and young people should not be subject to both Child Protection and Looked After Plans, unless there are exceptional circumstances. The IRO will review the multi-agency discussion and provide a rationale for their decision on the child’s LCS record.

When the decision has been made to end the plan, business support at the IRO unit will inform, in writing, those agency representatives who were invited to attend the initial Child Protection Conference that led to the plan as well as new agencies working with the child. This will be within 1-day of the decision being made.

 

Any formal disagreements

If any Core Group members disagree with the Protection Plan ending Professional Challenge Process should be followed.

 

After the plan has ended

Where the Protection Plan has been removed in these situations there must be ongoing multi-agency professional meetings at a minimum of 6 weekly to review the plan (NB. If the child is subject of a Supervision Order, please refer to Tees Child Protection Procedures).  Anything that was in the child protection plan must be transferred to the CIN plan on the system. In line with Tees procedures this process would need to be followed until the long term plan to keep the child safe is agreed by the Court. 6-weekly visits.

When a Child Protection Plan has been removed either due to a case being in proceedings or due to a child becoming looked after the IRO Unit will update the child’s electronic record and send a notification by way of secure e-mail or letter to those with Parental Responsibility, to those agency representatives who are involved and those that attended the Initial Child Protection Conference.

 

Exceptional Circumstances where this procedure may not be applied

There are exceptional circumstances when this procedure may not be applied, the decision to continue with dual processes need to be based on each child’s individual circumstances and the rationale needs to be clearly recorded on their electronic file.