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Amendments

November 2018

Updated Chapters
Chapter Title Details
Children’s Social Care Policies, Values and Principles A new Section 2, Corporate Parenting has been added in response to the DfE Applying Corporate Parenting Principles to Looked-after Children and Care Leavers – Statutory Guidance (Feb 2018). It includes the seven corporate parenting principles set out in the guidance.
Confidentiality Policy This guidance has been reviewed and updated following the introduction of the General Data Protection Regulations (GDPR) and Data Protection Act 2018.
Contacts and Referrals This chapter has been revised to set out in more detail the timetable and partnership requirements associated with effectively managing contacts and referrals.
Care and Supervision Proceedings and the Public Law Outline Section 4.2, Case Analysis has been updated to reflect the ‘permanence provisions’ of the Care Plan added by Section 8 Children and Social Work Act 2017 (amending Section 31(3B) Children Act 1989) which a court is required to consider when deciding whether to make a Care Order. It was also updated to include detail on parents who lack capacity and added links to the President of the Family Division, Family Proceedings: Parents with a Learning Disability note.
Death or Serious Injury to a Child (Child in Care) This guidance has been reviewed and updated throughout to reflect the revised process by which local authorities in England must notify the national Child Safeguarding Practice Review Panel within 5 working days of becoming aware of a serious incident.
Case Records and Retention Section 1, The Case Record has been updated in line with Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018, which permits the transfer of a copy of the child’s case record (or part of that record) to another adoption agency when the local authority considers this to be in the interests of the child.
Access to Records / Subject Access Requests This guidance has been reviewed throughout and updated to reflect the General Data Protection Regulations (GDPR) and Data Protection Act 2018.
Children in Need Plans and Reviews - Practice Guidance This chapter has been updated by adding a new Section 6, Children in Need Moving to Another Local Authority - Principles. Whenever a Child in Need moves to another authority, information sharing and communication between the respective authorities is important to ensure appropriate services continue for the child and family and, where relevant, any risk of harm is recognised and identified with the receiving local authority.
Children and Young People Aged 0-25 with Special Educational Needs and Disabilities This chapter has been updated to reflect the outcome of a court judgement on Ordinary Residence that has been included in Department of Health and Social Care, Care and support statutory guidance (December 2016). (See Section 12, Funding Issues - Ordinary Residence).
Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery This guidance has been reviewed throughout and extensively updated to reflect the DfE publication Care of Unaccompanied Migrant Children and Child Victims of Modern Slavery: Statutory Guidance for Local Authorities.
Families with No Recourse to Public Funds A link has been added to information from the Project for the Registration of Children as British Citizens in relation to the responsibilities that local authorities have to ensure that children in their care have effective access to specialist legal advice so their citizenship or any entitlement to citizenship is secured. See Relevant Guidance for full details.
Decision to Look After and Care Planning Section 2.1, The Care Plan – Contents has been amended to reflect the additional ‘permanence provisions’ of the Care Plan (s. 8 Children and Social Work Act 2017 amends section 31(3B) Children Act 1989) which a court is required to consider when deciding whether to make a Care Order. It has also been amended to reflect the outcome of a decision of the Court of Appeal with respect to the ‘consent’ requirement under Section 20 Children Act 1989. The court recognised that the word ‘consent’ does not appear in Section 20. However, it described previous case law as ‘good practice guidance’, emphasising its current judgment should not alter the content or effect of these. (See Section 1.3.1, Obtaining Parental Consent).
Permanence Planning Guidance Section 5, Assessing and Planning for Permanence has been updated to reflect the additional ‘permanence provisions’ of the Care Plan (under S.8 Children and Social Work Act 2017 amends section 31(3B) Children Act 1989) which a court is required to consider when deciding whether to make a Care Order.
Social Worker Visits to Children in Care Section 2, Exceptions has been revised to set out more clearly the circumstances where visiting requirements differ from those set out in Section 1, Normal Frequency.
Advocacy and Independent Visitors This chapter has been updated to include a link to the Children’s Society ‘Advocacy Services for Children and Young People – A Guide for Commissioners’. This guide outlines the legislative requirements of local authorities in the provision of advocacy support to Children in Need and Children in Care.
Children and Young People in Care Reviews This chapter has been amended to fully reflect the Volume 2: Care Planning, Placement and Case Review Guidance and Regulations with respect to the circumstances as to when a Children and Young People in Care Review should be brought forward. (See Section 2, Frequency of Children and Young People in Care Reviews).
Health Care Assessments and Plans

A new Section 3.5, Consent to Health Care Assessments has been added to provide information on the circumstances when young people can consent to their own Health Care Assessments and medical treatment. Links were also added to the following local guidance documents:

  • Health Assessments - A step by step guide to practice;
  • Initial Health Assessment Process Map;
  • Review Health Assessment Process Map;
  • Refusal Health assessment Process Map;
Leaving Care and Transition This guidance has been revised throughout to reflect the provisions of the Children and Social Work Act 2017 which require local authorities to offer Personal Adviser support to all care leavers up to the age of 25; to publish their Local Offer for care leavers; and to have regard to seven 'Corporate Parenting Principles'.
Plan for Adoption

Section 1, Planning for Permanence has been revised to reflect the updated list of considerations (as amended by Section 9 Children and Social Work Act 2017) which must be referenced whenever a court or adoption agency is coming to a decision relating to the adoption of a child. Following the introduction of the Children and Social Work Act, this list now includes consideration of the relationship which the child has with relatives, with any person who is a prospective adopter with whom the child is placed and with any other person in relation to whom the court or agency considers the relationship to be relevant.

Updates have also been added to emphasise ‘procedural fairness’ as a key aspect of the adoption planning process in respect of ensuring parents are provided with information throughout, including the dates of placement/proposed changes of a child’s Status, etc. This follows the outcome of a judicial review ([2017] EWHC 1041 (Admin)). (See new Section 4.4, Procedural Fairness).
Early Permanence Placements / Fostering for Adoption Section 4.1, Duty to Consider Fostering for Adoption Placement has been revised to reflect the updated list of considerations (as amended by Section 9 Children and Social Work Act 2017) which must be referenced whenever a court or adoption agency is coming to a decision relating to the adoption of a child. Following the introduction of the Children and Social Work Act, this list now includes consideration of the relationship which the child has with relatives, with any person who is a prospective adopter with whom the child is placed and with any other person in relation to whom the court or agency considers the relationship to be relevant.
Adoption Case Records Section 3, Security, Retention and Sharing of Records has been updated in line with the Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018, which provide that an adoption agency may disclose an adoption case record to another adoption agency for purposes related to either agency’s functions as an adoption agency. Further information was added in relation to adoption records where an Adoption Order is not made.
Key Local Contacts Local contacts has been reviewed locally and updated.
Designated Managers Information in this section has been reviewed locally and updated as required.
Removed Chapters
  • City of York Pledge to Children and Young People in Care: Young People’s Guide;
  • City of York’s Pledge to Children and Young People in Care Poster;
  • City of York Pledge to Children and Young People in Care: Professionals Guide.

Next update: May 2019


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