3.3.2 Child Care Reviews

RELEVANT LEGISLATION AND GUIDANCE

The statutory requirements are set out within the following regulation and guidance:

Children Act 1989; Children Act 2004;
Adoption and Children Act 2002;
Children and Young Persons Act 2008;
Regulations 32-38, Schedule 7, Care Planning Placement and Case Review (England) Regulations 2010;
Children Act 1989 Guidance and Regulations Volume 2: Care Planning, Placement and Case Review;
IRO handbook 2010: Statutory Guidance for Independent Reviewing Officers and Local Authorities on Their Functions in Relation to Case Management and Review for Looked After Children.

AMENDMENTS

This chapter was updated in September 2011 and April 2012 to reflect the Care Planning, Placement and Case Review (England) Regulations, 2010 and Associated Guidance, including the IRO Handbook. In particular Sections 1.4, 2.1 and 2.2 have been significantly amended and should be read in their entirety. Section 2.2 includes the change that review documentation should be completed 3 (rather than 5) working days before the review meeting. Sections 4.5 (Adjournment of Reviews) and 4.6 (Child Care Reviews on Children who are the subject of a Child Protection Plan) have been added. Section 2.8 has also been updated to include the explicit requirement for the IRO to speak to the child prior to the review.

1.	Introduction
	1.1	Scope of this Guidance
	1.2	Purpose of Reviews
	1.3	Chairing of Reviews
	1.4	Frequency of Reviews
2.	Review Preparation
	2.1	Introduction, Invitations and Child's Participation
	2.2	Review Preparation: Child’s Social Worker
	2.3	Review Preparation: Team Manager
	2.4	Review Preparation: Fostering Social Worker; Adoption Social Worker; Education; Carers for Placement
	2.5	Review Preparation: Looked After Children Health Team
	2.6	Review Preparation: Other Professionals
	2.7	Review Preparation: Child Care Review Convenors
	2.8	Review Preparation: IRO
	2.9	Care Plan / Pathway Plan
	2.10	Report for the Review - Currently the Review of Arrangements
3.	Consultation
	3.1	Children and Young People
	3.2	Viewpoint
	3.3	Consultation Booklet
	3.4	Advocacy
	3.5	Children in Adoptive Placements
	3.6	Consultation with Parents
	3.7	Consultation with Professionals
4.	Child Care Review
	4.1	Review Meeting
	4.2	Recommendations and Decisions
	4.3	Next Review Date
	4.4	Duration of Review
	4.5	Adjournment of Reviews
	4.6	Child Care Reviews on Children who are the subject of a Child Protection Plan
5.	Post Review
	5.1	Child Care Review Recommendations and Decisions Alert
	5.2	Review Record
	5.3	Amendments to Review Record
	5.4	Feedback about Reviews
	5.5	Change Care Plan or Placement
6.	IRO Roles and Responsibilities
	6.1	IRO Performance Management
	6.2	IRO Feedback on Practice
7.	Local Authority Roles and Responsibilities
8.	Complaints by or on Behalf of Children in Care
9.	Local Dispute Resolution Process
	9.1	Local Dispute Resolution Protocol
	9.2	Local Dispute Resolution Protocol Stages
	Flowchart - Child Care Review Process
	Flowchart - Dispute Resolution Process
	Appendix 1 - Review Preparation: Child's Social Worker Checklist
	Appendix 2 - Child Care Review Recommendation and Decision Alert
	Appendix 3 - Record of Child Care Review Dispute Resolution
	Forms - Report Templates are Accessed by Forms Button on left hand menu

1. Introduction

1.1 Scope of this Guidance

This document provides policy and practice guidance, including the dispute resolution protocol, for Peterborough City Council, regarding the independent reviewing arrangements for children in care. A child is defined as anyone under the age of 18 years. This procedure meets the requirements of statutory regulation and guidance and reflects principles of good practice.

Children in Care, subject to Child Care Reviews are:

All children who are subject to a Care Order (section 31 C.A. 1989) Interim Care Order (section 38 C.A. 1989) or Emergency Protection Order (section 44 C.A. 1989), regardless of where they live;
Children who are subject to a Placement Order (section 21 Adoption and Children Act 2002) or where Parental Consent to Adoptive Placement has been given (section 19 Adoption & Children Act 2002);
Children who live with their parents whilst subject to an Interim Care Order or Care Order. All placements with parent agreements must be authorised by the Designated Manager (Placement with Parents);
Children accommodated with parental agreement (section 20 C.A. 1989) in some form of local authority funded placement. If aged 16 - 17 years, unless under a Care Order, if they moved to supported accommodation they will no longer be a child in care but treated as a Relevant Young Person under the Children Leaving Care Act 2000. See Leaving Care Procedure;
Children receiving a series of overnight short breaks – different provisions as to Child Care Reviews may apply depending on the circumstances – see Short Breaks Procedure;
Children under a (criminal law) Supervision Order with a residence requirement to live in Local Authority accommodation;
Children who have appeared in court and have been bailed to reside where the local authority directs - if provided with a local authority funded placement. (If the decision is they remain at home they are not within the definition of 'looked after'). See Placements in Secure Accommodation Procedure;
Children remanded to the local authority where release on bail has not been granted (section 23 Children and Young Persons Act 1969), regardless of where they are living;
Children in secure accommodation (section 25 C.A 1989) and will also be the subject of separate Secure Accommodation (Criteria) Reviews Procedure;
Children subject to a Court ordered secure remand;
Children subject to Care Orders who offend and receive a custodial sentence;
PLEASE NOTE: Children who receive a custodial sentence and were accommodated under Section 20 immediately before starting their sentence will not be the subject of Child Care Reviews during their sentence but please see Local Authority Responsibilities Towards Former Looked After Children and Young People in Custody for the extent of the local authority responsibilities towards them;

See also Looked After Children in Contact with Youth Justice Service Procedure.

1.2 Purpose of Reviews

A Child Care Review must take place before any significant change is made to the child’s Care Plan, unless that is not reasonably practicable, including a decision to cease looking after a child.

The purpose of a the Child Care Review is to:

Ensure that adequate plans are in place to safeguard and promote the overall welfare of children in care in the most effective way and achieve Permanence for them within a timescale that meets their assessed needs. See Permanence Planning Procedure;
Monitor the progress of the plans and ensure they are being progressed effectively;
Make decisions, as necessary, for amendments to those plans to reflect any change in knowledge and/or circumstances;
Ensure the needs of children looked after as a result of a secure remand are met;
Ensure that an Eligible Young Person moving into semi-independent accommodation is ready and prepared to move.

Care planning and reviews are about bringing together children and young people who are looked after, their families, carers and professionals, in order to plan for the care of the child or young person and to review that plan on a regular basis. Assessing the needs of children and young people and deciding how best to meet those needs is a fundamental part of social work with children and young people who are looked after. To do this effectively not only requires an understanding of the importance of planning, but also the procedural framework. The reasons for such a framework are threefold:

To fulfil the requirement for accountability in the way in which the powers and duties are exercised;
To ensure that children and their families and carers are treated with openness and honesty and understand the decisions that affect them;
To give clarity about the allocation of responsibilities and tasks, in the context of shared parenting between parents, carers and the corporate parenting arrangements in the responsible authority.

1.3 Chairing of Reviews

Child Care Reviews are chaired by Independent Reviewing Officers (IROs) who have a statutory function to ensure that planning and decision making promote the best possible outcomes for children. They will participate in meeting to review Care Plans; monitor the performance of the authority's function in respect of the case; refer a case to an officer of the Children and Family Court Advisory and Support Service (CAFCASS) if they consider it appropriate to do so.

1.4 Frequency of Reviews

Child Care Reviews must be convened at the following intervals:

The first review of a child's case within 20 working days of the date on which the child becomes looked after;
The second review must be conducted within three months of the first review;
Subsequent reviews must be conducted not more than six months after the previous review.
In relation to children placed with prospective adopters or where there is Authority to Place for Adoption, Child Care Reviews will continue to be held under this procedure but adoption reviews will also be held – when the child has been placed for adoption, the first adoption review must be held within four weeks after the placement, the next no more than 3 months after this and subsequent reviews held at six monthly intervals; where the child has not yet been placed for adoption, the first adoption review must be held no more than 3 months after the adoption agency obtained Authority to Place for Adoption and thereafter subsequent reviews must be held at six monthly intervals – see Adoption Reviews Procedure.
In relation to children receiving overnight short breaks, see the Short Breaks Procedure.

Child Care Reviews should be brought forward in the following circumstances:

As soon as practicable where a child is moved from one placement to another on an unplanned basis or a significant change in the circumstances of a child suggests his/her placement is no longer appropriate;
Where a significant change to the child's Care Plan is required;
Where the Independent Reviewing Officer requests that such a review should be convened, for example, upon the request of the child, parent(s) or any other significant person;
Where, as a result of a visit, the social worker’s assessment is that the child’s welfare is not being adequately safeguarded and promoted;
Where a review would not otherwise occur before the child ceases to be detained in a YOI or secure training centre, or accommodated on remand;
Where the local authority proposes to cease to provide accommodation for a looked after child.

2. Review Preparation

2.1	Introduction, Invitations and the Child's Participation
	2.1.1	The Child Care Review is a process which can only be effective through proper preparation and consultation with all relevant parties prior to the review meeting. The Child Care Review meeting is the culmination of that process whereby the effectiveness of the plan (Care Plan/ Pathway Plan) for the child/young person is scrutinised and where necessary changes may be made.
	2.1.2	The process of undertaking and recording a Child Care Review aims to ensure that: The child's developmental progress is monitored over time, identifying where needs are or are not being met; Key information on the child's progress is updated; The impact of services on the desired outcomes is considered and action is taken where planned services have not been provided; The Care Plan continues to meet the needs of the child; Changes to the Care Plan, necessary to meet the child's needs are identified and made.
	2.1.3	The following people should normally be invited: The child. There is a presumption that the child will attend the review. A child's disability must not be a bar to the child's attendance; The parents and those with Parental Responsibility, carers and any significant people or specialists involved in the child's case; The fostering social worker, if the child is placed with foster carers; The link worker if the child is in residential care; The most appropriate teacher at the child’s school (usually the Designated Teacher for looked after children); A Personal Adviser, if the child is over the age of 16; An Independent Visitor, if involved; If required, an interpreter; Any other person thought to be relevant e.g. current carer, health care professional, GP, a representative from the Local Authority in whose area it is proposed that the child will be placed; A representative of the Looked After Children Education Team.
	2.1.4	Discussion should take place between the social worker and the child (subject to age and understanding) at least 20 working days before the meeting about who the child would like to attend the meeting and where the meeting will be held.
	2.1.5	A balance must be struck in relation to who the child wishes to be present and the need for information and input from the professionals and family members involved. Efforts should be made to keep the number present at the review as small as possible. It may be appropriate to request written contributions from agencies rather than invite them to attend.
	2.1.6	Children and parents should also be informed that they can arrange to see their Independent Reviewing Officer (IRO) separately if they wish or bring a supporter or interpreter to the review.
	2.1.7	Where the child does not wish to attend the review, the IRO must at the very least speak to the child before the review - wherever possible in a face to face meeting.
	2.1.8	A decision not to invite a child or parent(s) to a review should only be made in exceptional circumstances and in consultation with the IRO, prior to the review. The decision should be recorded, together with reasons, on the review document and child's record.
	2.1.9	Where any other invited person cannot attend, the IRO may agree that a delegate attend instead.
2.2	Review Preparation: Child’s Social Worker
	See Appendix 1 - Review Preparation: Child's Social Worker Checklist In preparing for the Child Care Review (CCR), taking into account the child/young person's age and understanding, the child's social worker must:
	2.2.1	If child/young person is new into Care ensure their details are on RAISE and CCR convenors told
	2.2.2	If child/young person is new into Care ensure placement planning meeting occurs and parties have relevant LAC documentation within timescales – these are set out in placement procedures within the manual – see Part 3.2 of Contents list.
	2.2.3	With allocated IRO, agree a review date and time, to occur within 20 working days of coming into Care, ensuring you liaise with the child/young person, carers and parents for their views on this – see 2.1.5 and 2.1.6 above. Consider appropriate venue.
	2.2.4	Within required timescales, ensure invite list is completed and up to date checking the child/young person's view on who is attending and the venue before returning to the child care convenors. (NB Discussion should take place between the social worker and the child (subject to age and understanding) at least 20 working days before the meeting about who the child would like to attend the meeting and where the meeting will be held).
	2.2.5	If there is going to be a change of Care Plan or unplanned placement move, let the IRO know within 5 working days so the IRO can decide if an early review is needed. NB The child's social worker must ensure the child's IRO is kept informed of any significant changes in the child's circumstances and the outcomes of any other meetings held as part of the review process, which consider aspects of the child's Care Plan. This includes notifying the IRO if you believe that decisions made at a review are no longer appropriate because of a change in circumstances.
	2.2.6	Where the child has been or is the subject of Court proceedings, ensure the IRO has clear information of the child's legal status and the Court timetable.
	2.2.7	Ensure the child/young person and the family are aware of what a review involves and options for their views to be heard. Encourage and support the child and parent(s) to prepare for the review, in writing or other ways if they wish, for example by seeing the IRO separately.
	2.2.8	Ensure the child/young person's views are known before the review and agree who will assist them with this if needed (see Section 3.1 - 3.3)
	2.2.9	Ensure the plans are known by parties before coming to a review as it must not be new information and the child/young person knows what is in your report.
	2.2.10	Alert IRO to any issues that may not be in the review report but they need to be aware of.
	2.2.11	Review documentation to be completed 3 working days before the CCR, noting previous decisions actioned/not actioned in box 11.
	2.2.12	Ensure the Care Plan is up to date and signed by the manager and a copy brought to the review (see Section 9, Care Plan / Pathway Plan)
	2.2.13	Ensure that relevant reports are on RAISE or accessible to the IRO prior to a review. This includes minutes for: Threshold to Care Meeting; Legal Planning Meeting; Adoption Support Planning Minutes; Adoption Panel and any assessments; Care Plan; and ROA (Review of Arrangements Form).
	2.2.14	Also ensure the child's records and plans are up to date, for example, that they include records of the placement visits and the last date when the child's sleeping accommodation was seen. Any changes in household membership need to be clearly recorded.
2.3	Review Preparation: Team Manager
	2.3.1	Ensure the social worker prepares for Child Care Reviews, understands the plan and the actions needed to achieve this and records it on the review documentation and Care Plan.
	2.3.2	Ensure through supervision that review decisions are considered with the social worker and where there is a change to the plan, an unplanned placement move or significant decisions are not going to be carried out that the social worker discusses it with the IRO.
	2.3.3	Ensure there is an up to date Care Plan/Pathway Plan, signed by the team manager.
2.4	Review Preparation: Fostering Social Worker; Adoption Social Worker; Education; Carers for Placement
	The relevant party must:
	2.4.1	Ensure the relevant report template is completed and forwarded to the IRO or CCR convenors 5 working days prior to the review. The report templates can be accessed via the 'Forms' button on the left hand menu.
	2.4.2	Contact the IRO or social worker before a review if they are concerned as to whether it is appropriate to raise a particular issue at a review. This way it can be decided what arena to address it in.
	2.4.3	Inform child care review convenors or IRO if you are not attending the review.
	2.4.4	In the case of carers and education, ensure that the child/young person knows what will be discussed at the Child Care Review by either going through the content of the report with them, requesting an appropriate person to do this or discussing the key issues with them. This will ensure there are no surprises for the child/young person. If the child/young person then has concerns about specific information being shared in the review the IRO must be informed.
	2.4.5	In the case of the fostering report, the foster carer must be made aware of the content of the report prior to the review. Although the fostering social worker's report will not be read out at the review or circulated to other participants except the social worker, it will assist the IRO in preparation and planning for the review.
2.5	Review Preparation: Looked After Children Health Team
		The LAC health team must:
	2.5.1	Ensure that both the IRO and social worker have up to date information before the Child Care Review regarding the Health Action Plan and outcomes/action to take.
	2.5.2	Contact the IRO or social worker if a particular issue needs addressing so it can be considered what arena to do this in.
	2.5.3	Inform child care review convenors or IRO if you are not attending the review.
2.6	Review Preparation: Other Professionals
		Other professionals working with the child and/or family must:
	2.6.1	Consider prior to every review how they will feed information into the review process. This may be by attending if invited, sending a report or updating the child's social worker.
	2.6.2	Contact the IRO or social worker before a review if they are concerned as to whether it is appropriate to raise a particular issue at a review. This way it can be decided what arena to address it in.
	2.6.3	If invited, inform child care review convenors or IRO if you are not attending the review.
2.7	Review Preparation: Child Care Review Convenors
		Child Care Review Convenors must:
	2.7.1	Liaise with social workers and IRO's about invite lists for new children in care or those currently in care to enable reviews to occur within timescales. See Flow chart - Child Care Review Process.
	2.7.2	When notified that a child has changed its legal status or placement convenors send an email to the IRO to clarify if the review date needs to change.
	2.7.3	Check that the venue is agreed and still available; organise an interpreter if required; send out invite letters for the review, including information leaflets about a review; the relevant consultation document or report template; These documents can be accessed via the 'Forms' button on the left hand menu.
2.8	Review Preparation: IRO
		Prior to the review the allocated IRO must:
	2.8.1	If a new child comes into Care contact the social worker to arrange the date/timing etc of the review and arrange separate meetings with parents and or child/young person if needed.
	2.8.2	If siblings reviews are being combined, ensure consideration has been given as to the child/young person's views on this; the impact on the duration of the review and the practicalities in organising this.
	2.8.3	Read review of arrangements and Care Plan/Pathway Plan, Personal Education Plan, Health Action Plan, consultation information from child/young person and parents and any other relevant documents/reports.
	2.8.4	Discuss the case with the social worker (and where necessary the team manager) at least 15 working days prior to the review to ensure that any relevant issues are known, especially if the IRO has questions/issues that may not be appropriate to discuss in review. Clarify what the child/young person understands about the reason for being in care and what words they use to describe things e.g. if parent is alcohol dependent.
	2.8.5	Clarify how a child over four years or young person's views will be brought to the review and arrange to speak to the child prior to the review meeting. If appropriate arrange to meet the child beforehand to prepare them for the review and/or gather their views.
	2.8.6	Clarify if the child/young person has views on the discussion of personal issues at the meeting and make arrangements to accommodate these.
2.9	Care Plan / Pathway Plan
		For further information on Care Plans, see Decision to Look After and Care Planning Procedure.
	2.9.1	Every child in care must have a written Care Plan and every young person over 16 must have a Pathway Plan. The child/young person's copy must be written in a format that is appropriate to their age, development and understanding. See Children In Care Policy Statement point 3.8, Equality.
	2.9.2	The initial Care Plan must include a detailed summary of why the child/young person is in care and what attempts have/are being made to return them with family or friends. Further assessments may be used to update this document.
	2.9.3	Outcomes of the legal Care Plan must be included in LAC Care Plan e.g. contact arrangements.
	2.9.4	A Pathway Plan must be based upon a detailed assessment, which considers the young person's needs based on the Assessment Framework for Children in Need and their Families.
	2.9.5	The social worker must bring a copy of the Care Plan/Pathway Plan, signed by the team manager to the review to be agreed, making sure that all relevant people sign the plan.
	2.9.6	Every review meeting provides a forum in which to: Review the Care Plan/Pathway Plan; Agree and record recommendations/decisions; Consult with all those who have a key interest in the child's life especially the child/young person; Make minor changes which can be noted on the document and signed at the meeting. In order to safeguard and promote the welfare of the child, consideration must be given at each review to the following issues in relation to the Care Plan: Whether to confirm or change it; What actions need to be taken to implement it; By whom; and Within what timescale?
	2.9.7	An effective Care Plan/Pathway Plan will identify intended outcomes for the child/young person. This will include a plan for permanence and set objectives for work with the child/young person, birth family and the carers in relation to the child/young person's developmental needs which are: Health (physical and emotional and any disability); Education; Emotional and behavioural development; Identity; Family and social relationship; Social presentation; Self care skills. Within 10 working days, following the completion of the review, the social worker must update the Care Plan in relation to any changes to the Care Plan agreed at the Child Care Review.
2.10	Report for the Review - Currently the Review of Arrangements
	2.10.1	The review of arrangements report is completed in two phases - the first sections (up to section 25) is completed by the social worker, the remainder of the document is completed by the IRO following the review meeting.
	2.10.2	The social worker must complete the first sections (up to section 25) at least 5 working days prior to the review meeting.

3. Consultation

3.1	Children and Young People
	3.1.1	The child care review convenors will send out invitation letters direct to the child over 10 years of age and, in some cases, to the child under 10 years of age, regarding their reviews including options to ascertain their views.
	3.1.2	Letters will be sent to children with disabilities, where appropriate, taking into consideration their level of understanding, to enable them to have information about their reviews and including options to ascertain their views.
	3.1.3	It is expected that the carers and social worker will agree with the child how their views will be gathered and assist them if necessary. (As indicated in 2.2 above, the social worker will discuss the review with the child at least 20 working days before the meeting takes place).
	3.1.4	The letter specifies the variety of ways in which the child can ensure that their wishes and feelings are heard within the review process. The main ways are: Viewpoint questionnaire; Consultation booklets; Meeting with IRO, telephone call, email or letter to IRO; Meeting with an advocate.
	3.1.5	It is acknowledged that children with disabilities may not be able to access consultation through the methods outlined above due to individual communication needs. The social worker and IRO will need to consider with the relevant parties how to ensure children with disabilities are able to contribute to and participate within their reviews.
3.2	Viewpoint
	3.2.1	Viewpoint is a computer-assisted questionnaire with significant questions to elicit the child/young person's views on their Care Plan. It is interspersed with "games" to make it fun. The child may need assistance in completing this and if so the social worker must do this.
	3.2.2	If Viewpoint is used it needs to be completed 5 days before the review in order to ensure that the IRO has the results of the questionnaire in time for the review.
	3.2.3	The social worker needs to ensure that the information on RAISE is kept updated in terms of the child/young person's social worker's name, carers' names and use abbreviations if they have them. If there are two carers then both their names are needed as the Viewpoint questionnaire is personalised with these details.
	3.2.4	Viewpoint also produces anonymous feedback on children and young people's views of the services they receive. It is an effective tool to engage children and young people and to ensure that their views shape service planning. There are targets set to encourage uptake and to regularly assess and review feedback.
3.3	Consultation Booklet
	3.3.1	Consultation booklets are an alternative to the use of Viewpoint and are child-friendly consultation booklets for two age groups - under 10's (white booklet) and over 10's (blue booklet) - are sent with the invitation letters for the review meeting and there is a freepost address on the back to send them to.
	3.3.2	In the consultation booklet there is a feedback form for the child/young person to complete, following the review which can be sent to the freepost address.
3.4	Advocacy
	3.4.1	Children will have received information about advocacy through their LAC Pack or 'All About Me' booklet. They will be reminded about the advocacy service in their invite letter.
	3.4.2	If the child/young person wants assistance in expressing their views and issues, they can request an advocate who could also attend the review meeting with the child/young person. See Advocacy and Interpreting Service Procedure
3.5	Children in Adoptive Placements
	Currently a consultation document or Viewpoint service has not been designed for those children who are in prospective adoptive placements. However their views still need to be sought.
3.6	Consultation with Parents
	3.6.1	Consultation forms for parents have been developed for those whose child is in care and those whose child is receiving overnight short-term breaks. See Forms via the 'Forms' button on the left hand menu.
	3.6.2	A compliment slip will be sent with the review record to the parent/s which gives them details on how they can feedback their views about the content of the records or any issues they wish to raise in respect of the review process or meeting.
3.7	Consultation with Professionals
	The IRO may want to consult with professionals who are not attending the review meeting in order to assist them with reviewing the care plan.

4. Child Care Review

4.1	Review Meeting
	4.1.1	Ensure there are introductions and apologies.
	4.1.2	Clarify the purpose of the meeting, including that all participants understand how the meeting will be conducted and the order of the agenda. This will be based on what reports have been read and the child/young persons and parent's priorities gained through the consultation process.
	4.1.3	Confirm that child/young person and parents may wish to take time out and how the review would be managed should this occur. The IRO and/or social worker will have agreed this process with the child/young people and parents prior to the meeting.
	4.1.4	Agree whether comfort breaks will be included taking into account the likely duration of the review - particularly if several siblings are being reviewed.
	4.1.5	Clarify what reports need summarising by whom including distributing the review of arrangements report if appropriate.
	4.1.6	Ensure parties understand the meeting must be child centred, the need for confidentiality and that the child/young person understands what is being discussed during the meeting.
	4.1.7	When the child/young person or parent's first language is not English, the IRO must ensure that appropriate steps are taken to enable them to participate fully in the review process, including the usage of an interpreter, ensuring their views are properly represented.
	4.1.8	Ensure that the right steps have been taken so that the child/young person's views are represented at the review. If the child/young person is able and willing to speak for themselves at the meeting, the IRO must facilitate this. If their views have not been represented then they will make a specific decision about when and how this will occur.
	4.1.9	Be satisfied that disabled children's contributions are obtained and effectively presented in the review, even if the child/young person is not able to be present, or has impaired communication skills. In the latter case it will be expected that specific communication aids will be used to ensure their views are represented at the review meeting.
	4.1.10	Be sensitive to the child/young person's wishes regarding the discussion of personal issues at the meeting and must be able to make arrangements to accommodate these, (for example holding part of the meeting without certain people being present in order that sensitive and personal issues can be discussed).
	4.1.11	If the child does not stay for the whole meeting then during the part they are present ensure they understand what will be discussed, their views, how they will get feedback and what decisions will be made.
	4.1.12	Confirm that the child/young person has received the age-appropriate information when they first came into care. The under 10's receive the "All About Me" booklet Children and young people over 10 years receive a "LAC PAC". Both of these include information on advocacy and complaints.
	4.1.13	Ensure that the Care Plan/Pathway Plan is discussed, up to date, agreed at the review and signed by relevant parties if any changes are made.
	4.1.14	Ensure that if major changes are required on the Care Plan, due to discussions during the review, the Care Plan is re-written before being signed. The IRO will make a decision on whether this is necessary and set timescales for this.
	4.1.15	Ensure decisions agreed at the review are confirmed at the end of the meeting, including further discussions or assessment needed and any review recommendation/decision alerts that may be sent.
	4.1.16	If the child/young person did not attend the meeting, confirm who will feed back to them.
	4.1.17	Set a date and time for the next review, considering the child/young persons view on this. If they are not present at the review when it is being booked then depending on the child's age the carer or social worker must check with them that the timing is suitable and get back to the IRO within a week as it may need to be rearranged.
4.2	Recommendations and Decisions
	4.2.1	Decisions and recommendations will be made at a review. However in some instances the IRO will need a decision from the appropriate manager regarding a resource or policy decision to ensure that a recommendation becomes a decision. There is a process for this to occur after the meeting. See Section 5.1, Child Care Review Recommendations and Decisions Alert
	4.2.2	Recommendations regarding allocation of specific resources or the need to take legal proceedings must be referred to the appropriate decision making process outside the review. Wherever possible the need for such actions should have been identified and taken place prior to the review meeting to inform the discussion. However, where a recommendation of the review requires access to resources or a decision which is ordinarily made within another forum (for example interagency panel or legal planning meeting), the recommendation will be worded accordingly and a response made in accordance with the process set out at Section 5.1, Child Care Review Recommendations and Decisions Alert
	4.2.3	At times people may not be present at a review where a recommendation is made for them to carry out an action. In this instance, the IRO will email the person concerned, seeking their agreement/response to the recommendation. The review record will then confirm the decision. see Section 5.1, Child Care Review Recommendations and Decisions Alert
	4.2.4	The decisions made at the review must be provided for the child/young person in a format that is appropriate to their age, development and understanding, within 14 days of the meeting. How this will be done will be agreed at the review. See Section 5.2, Review Record and Children in Care Policy Statement
4.3	Next Review Date
	4.3.1	This is set at the review and unless there is a change of Care Plan or unplanned placement move, the date will not change unless exceptional circumstances prevail. Any changes need to be provisionally agreed with the IRO and only confirmed once the social worker has agreed the change with the main parties.
	4.3.2	Any changes would need to consider what the child's view is if the time/date changes and if it does not change, would they be happy if someone different attends (e.g. social worker, teacher).
	4.3.3	If siblings are in care, consideration will be given as to whether their reviews should be combined, taking into account the child/young person's views and the impact on the duration of the review and the practicalities in organising this.
	4.3.4	All review dates will be set in order to ensure that statutory timescales are met. Any request to conduct a review outside the statutory timescale due to unforeseen circumstances will be made in discussion between the service manager for Safeguarding and the service manager with responsibility for the child. Statutory reviews outside timescale will be agreed only in the most exceptional circumstances.
4.4	Duration of Review
	4.4.1	The expectation is that the meeting will not take longer than an hour and a half, providing that the relevant reports, consultation processes and preparation have been completed by all parties. The duration of review meetings is monitored.
	4.4.2	There may be exceptions to the duration of the meeting e.g. child/young person attending, the review on more than one child, an interpreter present and first adoption reviews. If a longer meeting is likely, consideration will be given to a comfort break.
4.5	Adjournment of Review
	4.5.1	The IRO may adjourn a review meeting once, for not more than 20 working days, if not satisfied that sufficient information has been provided by the Local Authority to enable proper consideration of any of the factors to be considered.
	4.5.2	The IRO should consider the effects on the child of delaying the meeting, and seek the wishes and feelings of the child, carer and parents where appropriate.
	4.5.3	No proposal under consideration at the adjourned review can be implemented until the review has been completed.
4.6	Child Care Reviews on Children who are the subject of Child Protection Plans
	4.6.1	Where a child in care remains the subject of a Child Protection Plan, there should be a single planning and reviewing process, led by the IRO, leading to the development of a single plan.
	4.6.2	Consideration should be given to the IRO chairing the Child Protection Conference where a looked after child remains subject to a Child Protection Plan. Where that is not possible, the IRO should endeavour to attend the Child Protection Review Conference.
	4.6.3	The Child Care Review, when reviewing the child protection aspects of the plan, should consider whether the criteria continue to be met for the child to remain the subject of a Child Protection Plan.
	4.6.4	Consideration must be given to ensuring that the multi-agency contribution to the review of the Child Protection Plan is addressed within the review of the Care Plan.

5. Post Review

5.1	Child Care Review Recommendations and Decisions Alert
	5.1.1	A Child Care Review recommendation and decision alert will be actioned by the IRO, notifying parties not present at a review or where senior management agreement is needed, of a review recommendation and the need for a decision.
	5.1.2	A Child Care Review recommendation and decision alert can be done verbally by the IRO but must be followed up within 3 working days of the review, by email with the relevant form, see Appendix 2 - Child Care Review Recommendation and Decision Alert. Where a senior management decision is required, all managers in subordinated positions who are responsible for the child will be copied in.
	5.1.3	A response is needed within 5 days of the email: this can be verbal but must be supported within the 5 days in writing/email.
	5.1.4	The response will need to show if the party agrees to carry out the action and therefore the recommendation will become a decision on the review record.
	5.1.5	If the relevant manager with appropriate delegated authority does not agree to the recommendation, they must explain their reasons and the IRO will record this on the review record and record what further action needs to be taken due to this. This may involve following the local dispute resolution process. See Section 9, Local Dispute Resolution Process
5.2	Review Record
	5.2.1	The IRO is responsible for completing a record of the review, evaluating the extent to which the Care Plan is meeting the needs of the child and identifying any changes that are necessary in the light of information presented at the review.
	5.2.2	For those not at the review, particularly the child, consideration should be given as to how and when they will receive feedback of the discussion and the decisions made.
	5.2.3	The IRO should produce a written record of the decisions or recommendation made within five working days of the completion of the review and a full record of the review within 15 working day of the completion of the review
	5.2.4	The full written record of the review, including the decisions, should be distributed within 20 working days of the completion of the review.
	5.2.5	Consideration should take place as to whether it is in the child's interest for the parents to receive a full record of the review and, if not, what written information should be sent to them.
5.3	Amendments to Review Record
	When receiving minutes, parties are informed that if they feel the review record does not reflect what was said at the meeting, or it is incorrect, they must inform the IRO within two weeks of receiving the review record. The IRO will then decide if an amendment sheet or a new review record should be distributed.
5.4	Feedback about Reviews
	5.4.1	All parties receiving minutes of the review are also sent a compliment slip providing information on how to give to give feedback about concerns or positive comments in relation to the standard of the review or the review process.
	5.4.2	If during the review the IRO has concerns about the conduct of a professional, then this matter will be raised further outside the meeting.
	5.4.3	A child/young person must also be encouraged to feedback any issues, concerns or positive comments regarding a review. They can do this verbally or use the feedback form on the back of the consultation booklet (which is sent with the invite letter).
	5.4.4	All professionals must ensure that if they receive feedback from a child/young person or parent, the information is passed back to the social worker and/or IRO.
5.5	Change Care Plan or Placement
	The social worker must notify the IRO within 5 working days if there is a placement breakdown or a Care Plan change. This will help the IRO to decide whether they need to re-schedule a review. See Section 1.4, Frequency of Reviews for other circumstances when a Child Care Review should be brought forward.

6. IRO Roles and Responsibilities

	See also Appointment and Role of the Independent Reviewing Officer Procedure. Statutory duties of the IRO's require them to monitor the performance of the local authority in relation to the reviews of children in care so that the plan for a child/young person continues to be appropriate and responsive to the individual needs of that child/young person. Under the Care Planning, Placement and Case Review (England) Regulations 2010 (which became effective from 1 April 2011), the IRO is tasked to monitor the management of the case. The IRO is responsible for ensuring that the wishes and feelings as well as the rights of the child/young person and other relevant parties (i.e. parents) are being raised and considered throughout the review process. The IRO is responsible for ensuring that a Child Care Review takes place within the statutory timescales and liaising with management if there is a likelihood this may not occur. The IRO will be responsible for checking that the local authority has taken the necessary steps to implement changes in the Care Plan/Pathway Plan and decisions made at the review. When significant decisions are agreed at a review, the IRO must be informed if the decision is not implemented within the timescale agreed at the meeting. Definite timescales must be agreed.
6.1	IRO Performance Management
	6.1.1	IRO's have a responsibility to monitor standards of practice and procedures. After each review they have a monitoring form to complete and the information is analysed and the data presented to senior management.
	6.1.2	At times the IRO will be involved in various audits of practice, which are agreed at the relevant management team meeting.
	6.1.3	The Quality Assurance and Safeguarding Team is responsible for monitoring the national performance indicators relating to Child Care Reviews. These are reviews held within timescale and participation of children aged 4 years and above in their review.
6.2	IRO Feedback on Practice
	6.2.1	If the IRO has to raise matters in relation to individual practice in the first instance they will talk to the social worker and or team manager. This will be followed up by an email to the social worker with a copy sent to the team manager. The email will be called a child care review practice alert. This can be sent regarding good practice or areas of concern. Examples of where this may occur are listed below: Good assessments identifying needs and outcomes and highlighting any issues in respect of this; Standards over and above that expected of a social worker that ensure good outcomes for the child/young person; Statutory visits not completed within statutory requirements; Missing/incomplete paperwork - this includes, but is not limited to, the Care Plan and review of arrangements. It can include Core Assessments, risk assessments, and other reports where appropriate; Failure to attend a review and no notification given; Child or young person's sleeping arrangements not seen (or not seeing a baby awake) and not observing their personal space at least once every three months. (A young person has a right to refuse but other arrangements may need to be made to explore this); Not ensuring health statutory requirements are up to date and are outstanding for more than one review; No Personal Education Plan - where a child does not have a PEP or an up to date PEP in the timescales agreed at a review.

7. Local Authority Roles and Responsibilities

Social workers need to ensure that a completed copy of the review document (currently the Review of Arrangements - ROA), Care Plan and any other significant documents are on RAISE at least 5 days in advance of the Child Care Review (CCR) and they evidence the decision making process.

The social worker and team manager must discuss the decisions and recommendations made at a review within supervision.

Social workers and their managers need to inform the IRO when a decision is made not to implement significant recommendations made during a CCR and give reasons for this (even if the IRO did not request this at the review). This notification must be made within 5 working days.

The local authority has a duty to ensure that the child/young person, parents and other significant people are informed in a timely way of the decision not to implement review recommendations.

Social workers and their managers are responsible for notifying the IRO about any significant changes to the child's circumstances e.g. their Care Plan or placement (in order for the IRO to decide whether they need to re-schedule a CCR). This notification must be made within five working days.

Where problems in care planning are identified through the review process and the IRO has triggered the local dispute resolution process, it is the responsibility of the social work manager, with the appropriate level of delegated authority, to respond to this alert in writing/email within the timescale determined by the IRO - please see Section 9, Local Dispute Resolution Process.

8. Complaints and Referrals to Cafcass

The IRO does not have a role in instigating or investigating complaints, but must ensure that the child understands how to make a complaint and how to access advocacy services to represent their views. The IRO may appropriately become involved in negotiating a solution within a complaints process and must in particular become involved in serious complaints about the Care Plan for a child. The IRO must consider whether the reason for the complaint justifies a referral to CAFCASS – see Section 3, Referral to Cafcass in Appointment And Role Of Independent Reviewing Officers.

In the event that any issue requires problem resolution, the IRO must ensure the child understands that, aside from the IRO's planned actions to seek resolution on the issue(s), the child is entitled to access independent advocacy and to make use of the complaints process to pursue resolution themselves.

The Guidance, "Getting the best from complaints" DFES 2006, notes that whilst a complaint is in place then action must not occur that is prejudicial to the child e.g. change of placement or de-accommodation until a resolution has been reached. Depending on the outcome of this process, it may be necessary to reconvene the Child Care Review to confirm any agreed changes to the Care Plan. (See also Handling Complaints about Children's Social Care Services Procedure).

9. Local Dispute Resolution Process

	This process relates to the responsibilities of IRO's and the local authority (LA) within the legislation and statutory guidance regarding children in care and the Child Care Review (CCR) process and problem resolution. Where problems are identified in relation to a child's case, for example in relation to care planning, the implementation of the Care Plan or decisions relating to it, resources or poor practice, the IRO will in the first instance, seek to resolve the issue informally with the social worker or their managers. Any verbal conversations must be followed by an email called "child care review management alert" to identify the significance of the matter. If this process proves unsuccessful then they must follow the dispute resolution protocol stages. They will also be responsible for determining the timescale in which identified problems must be resolved. A record of this initial informal resolution process must be placed on the child's file. It is the task of each LA to put in place a formal system for the IRO to raise concerns and to ensure that this system is respected and prioritised by managers. This is referred to throughout the guidance as the local dispute resolution process. Issues raised must be resolved at the lowest possible level, efficiently and speedily. The resolution of disputes is a time consuming activity and can create tensions between the IRO and the LA. The manager of the IRO service may at times disagree with the usage of the protocol; however the IRO can approach their line manager to discuss this or take independent legal advice. There will be times when the IRO may be advised that obstacles in the way of resolving the issue are outside or beyond the control of the LA, for example in relation to staffing, inter agency or resources issues. However, if these are impacting on the ability of the department to meet the needs of a child as identified in the child's Care Plan, the IRO must continue to escalate the issue. If the IRO considers it appropriate to do so, for example where all attempts to resolve the matter through the appropriate channels have been exhausted, they can refer the matter to CAFCASS.
9.1	Local Dispute Resolution Protocol
	9.1.1	Where significant issues in care planning are identified through the review process and other processes, including a child care review management alert have not resulted in a satisfactory resolution, then the IRO must follow the dispute resolution protocol to expedite a solution. In Peterborough there are 6 stages to this process.
	9.1.2	This process will involve escalating the matter in dispute through a number of levels of seniority within the department but the IRO must bypass any stage and progress the dispute to the level they consider most appropriate.
	9.1.3	Under the Care Planning, Placement and Case Review (England) Regulations 2010, the IRO has the power to consult/refer the matter to Cafcass at any point in the dispute resolution process and may consider it necessary to make a concurrent referral to Cafcass at same time that they instigate the dispute resolution process. The formal dispute resolution process within the LA must have timescales in total of no more than 28 days (recommended under 2010 Regulations).
	9.1.4	If the dispute process is used the IRO will send an email to the relevant person with the subject bar stating: Dispute Resolution Alert on (insert child's Name) - by (insert date of response needed). The email will say: "ACTION: Attached is a Dispute Resolution as per 8.1 of the Child Care Reviews Practice Guidance and Policy on SCIP. Please can you respond by (insert date)". They will attach the dispute form (see Appendix 3 - Record of Child Care Review Dispute Resolution).
	9.1.5	The child's social worker must ensure that copies of child care review management alerts and resolutions are placed on the child's case file for recording purposes. All alerts and responses will be forwarded to the IRO's manager by the IRO.
	9.1.6	If during the dispute resolution process relevant parties are on annual leave, consideration will be given to how the matters should escalate within the necessary timescales. The expectation is that if the IRO is absent due to leave during the management alert process, then the IRO's manager or a designated IRO colleague will follow the matter up.
	9.1.7	In some cases it may be unclear which course of action to take. Lawyers in CAFCASS Legal and the Official Solicitor's Department are available for discussion or to give guidance to IRO's about potential referrals. However the lawyers cannot give legal advice (Ref: CAFCASS Practice Notes 2006 point 6 & 22).
	9.1.8	Additionally, the IRO may need to consider seeking independent legal advice during any stages of the problem resolution process.
9.2	Local Dispute Resolution Protocol Stages
	Stage 1 In the first instance, where possible, the IRO will discuss the matter with the social worker/team manager. The IRO will also send a dispute resolution alert email to the allocated social worker and the team manager attaching the form which notifies them of the issues in order to expedite a solution; The social worker and/or team manager must respond to this alert, in writing/email within a maximum of 5 working days noting their views on the form. On occasion, the service manager will also be copied in at this stage if the IRO feels the matter is sufficiently serious to require a more senior management overview; In the event that no response is forwarded within this timeframe or the IRO considers the response to be unsatisfactory the IRO will proceed to a Stage 2; In event of the resolution being resolved an email will be sent by the IRO with the form completed confirming the process has been concluded. Stage 2 The IRO will send a dispute resolution alert to the Service Manager and copy in the Assistant Director (AD), Children, Family and Communities (CFC) and all parties from the previous stage; The Service Manager must respond to this alert, in writing/email noting their views on the form within a maximum of 5 working days; If there is no response within the timescale set or the response is unsatisfactory the matter will be taken to Stage 3; In event of the resolution being resolved an email will be sent by the IRO with the form completed confirming the process has been concluded. Stage 3 The IRO will send a dispute resolution alert to the Assistant Director (AD), Children, Family and Communities (CFC) and a copy to all parties from the previous stages; The Assistant Director of CFC must respond to this alert, in writing/email noting their views on the form within a maximum of 5 working days; If there is no response within the timescale set or the response is unsatisfactory the matter will be taken to Stage 4; In event of the resolution being resolved an email will be sent by the IRO with the form completed confirming the process has been concluded. Stage 4 The IRO will send a dispute resolution alert to the Director and a copy to all parties from the previous stage; The Director must respond to this alert, in writing/email noting their views on the form within a maximum of 5 working days; If there is no response within the timescale set or the response is unsatisfactory the matter will be taken to Stage 5; In event of the resolution being resolved an email will be sent by the IRO with the form completed confirming the process has been concluded. Stage 5 The IRO will send a dispute resolution alert to the Chief Executive and a copy to all parties from the previous stage; The Chief Executive must respond to this alert, in writing/email noting their views on the form within a maximum of 5 working days; If there is no response within the timescale set or the response is unsatisfactory the matter will be taken to Stage 6; In event of the resolution being resolved an email will be sent by the IRO with the form completed confirming the process has been concluded. Stage 6 In the event that the issue(s) remain unresolved through the staged management alert process the IRO has to consider whether to refer the matter to CAFCASS if this has not already been done; The procedure and documentation that the IRO has to provide in order to refer to CAFCASS is outlined in paragraph 8.15 of the IRO Handbook.

Flowchart - Child Care Review Process

Click here to view the Child Care Review Process Flowchart

Flowchart - Dispute Resolution Process

Click here to view the Dispute Resolution Process Flowchart

Appendix 1 - Review Preparation: Child's Social Worker Checklist

RAISE Keep updated e.g. children in/out of care; legal status, placement changes, details key people

Consider with the child/young person their thoughts on:

The timing of the review and whether they want to attend any of the review and at what point;
The venue - e.g. do they want it away from school;
Who is attending and any worries they have about this;
How they want their views presented;
How they want feedback;
What will be discussed and any worries they have about this;
Whether they want to meet with the IRO before the review or instead of going to the review;
Future review date/time/venue.

Parents:

Explain to them what a review involves;
Are there issues in them attending? - for a parent/professional or the child/young person;
Should they be consulted rather than invited?
Does a separate meeting need to be arranged?

Invite list:

If a new child comes into Care an IRO will contact you to arrange the date/timing etc of the review and forward a blank invite list to complete and request a timescale for its return;
If it is not completed, the standard invite list will be used taking information off RAISE (see 2.10.1);
For children already in care the child care review convenors will forward the previous invite list 7 weeks prior to the review. However if it is an early review the timescales may be less. Discussion should take place between the social worker and the child (subject to age and understanding) at least 20 working days before the meeting about who the child would like to attend the meeting and where the meeting will be held;
The social worker must complete the invite list and email it to the child care review convenors so they receive it by midday on the Monday, 5 weeks before the review;
Check the invite list and make amendments being clear who is invited or consulted and indicate if an interpreter is required. Parties can be asked to provide a report or discuss information with the social worker instead of attending;
Should sibling reviews be combined? Take into account: the child/young person's views; the impact on the duration of the review and the practicalities in organising this;
Ensure adoption team manager is invited to the 2nd review, if the plan or parallel plan is for adoption or special guardianship, if a Placement Order has been granted, or the child is placed with prospective adopters;
Ensure that if rehabilitation home is being considered that this is discussed with the family assessment and support team (FAST) and they are invited to the Child Care Review.

Paperwork:

At least 5 working days before the review complete the relevant documentation (currently the Review of Arrangements - ROA) and notify the IRO and convenors when done;
Bring a copy of the ROA (or its future replacement document) to the review and agree with the IRO if other copies need to be brought;
Bring a copy of the current or updated care plan/pathway plan to the review. This must be signed by the team manager and if any changes brought to the review to be agreed and relevant people sign the plan;
Ensure that relevant reports are on RAISE or accessible to the IRO prior to a review. This includes minutes for Threshold to Care Meeting, Legal Planning Meeting; Adoption Support Planning Minutes; Adoption Panel;
Check that the LAC documentation is up to date including the PEP and Health Assessment.

Information for IRO:

Ensure they are aware of how a child/young persons and parents views will be presented and whether they need to organise a separate appointment to see them;
Contact the IRO before a review if you are concerned whether it is appropriate to raise something at a review, you want to highlight issues or if there are issues which are not appropriate to be in the document, but relevant to decision making.

Appendix 2 - Child Care Review Recommendation and Decision Alert

Click here to view Appendix 2 - Child Care Review Recommendation and Decision Alert

Appendix 3 - Record of Child Care Review Dispute Resolution

Click here to view Appendix 3 - Record of Child Care Review Dispute Resolution

End

3.3.2 Child Care Reviews

RELEVANT LEGISLATION AND GUIDANCE

RELATED CHAPTER

AMENDMENTS

Contents

1. Introduction

1.1 Scope of this Guidance

Children in Care, subject to Child Care Reviews are:

1.2 Purpose of Reviews

1.3 Chairing of Reviews

1.4 Frequency of Reviews

2. Review Preparation

2.1

Introduction, Invitations and the Child's Participation

2.2

Review Preparation: Child’s Social Worker

2.3

Review Preparation: Team Manager

2.4

Review Preparation: Fostering Social Worker; Adoption Social Worker; Education; Carers for Placement

2.5

Review Preparation: Looked After Children Health Team

2.6

Review Preparation: Other Professionals

2.7

Review Preparation: Child Care Review Convenors

2.8

Review Preparation: IRO

2.9

Care Plan / Pathway Plan

2.10

Report for the Review - Currently the Review of Arrangements

3. Consultation

3.1

Children and Young People

3.2

Viewpoint

3.3

Consultation Booklet

3.4

Advocacy

3.5

Children in Adoptive Placements

3.6

Consultation with Parents

3.7

Consultation with Professionals

4. Child Care Review

4.1

Review Meeting

4.2

Recommendations and Decisions

4.3

Next Review Date

4.4

Duration of Review

4.5

Adjournment of Review

4.6

Child Care Reviews on Children who are the subject of Child Protection Plans

5. Post Review

5.1

Child Care Review Recommendations and Decisions Alert

5.2

Review Record

5.3

Amendments to Review Record

5.4

Feedback about Reviews

5.5

Change Care Plan or Placement

6. IRO Roles and Responsibilities

6.1

IRO Performance Management

6.2

IRO Feedback on Practice

7. Local Authority Roles and Responsibilities

8. Complaints and Referrals to Cafcass

9. Local Dispute Resolution Process

9.1