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Amendments

June 2019

Updated Chapters
Chapter Title Details
Care and Supervision Proceedings and the Public Law Outline This chapter has been amended to reflect HHJ Greensmith’s comments in the case of M and N (Children: Local authority gathering, preserving and disclosing evidence) [2018] EWFC 40 (1 June 2018)). (See Section 9, Good Local Authority Practice During Proceedings).
Ceasing to Look After a Child

This chapter has been updated in line with the Children and Social Work Act 2017 and revised statutory guidance.

These changes relate to the status of ‘Previously Looked After Children’. A Previously Looked After Child is one who is no longer looked after in England and Wales because they are the subject of an Adoption, Special Guardianship or Child Arrangements Order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person, or has been adopted from ‘state care’ outside England and Wales.

Previously Looked After Children are entitled to support from their school through the Designated Teacher (see Section 2.5, Children Who Move into Permanency).
Permanence Planning Guidance

This chapter has been updated in line with the Children and Social Work Act 2017 and revised statutory guidance.

These changes relate to the status of ‘Previously Looked After Children’. A Previously Looked After Child is one who is no longer looked after in England and Wales because they are the subject of an Adoption, Special Guardianship or Child Arrangements Order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person, or has been adopted from ‘state care’ outside England and Wales.

Children subject to an Adoption, Special Guardianship or Child Arrangements Order are entitled to support from their school, through the Designated Teacher.
Placements in Secure Accommodation on Welfare Grounds This chapter has been updated to fully reflect the updated Department for Education Guidance ‘Secure children’s homes: how to place a child aged under 13 (July 2018)’. (See Section 6, Placements of Children under the age of 13 years).
Remands to Local Authority Accommodation or to Youth Detention Accommodation This chapter has been updated to reflect the role of the Youth Custody Service when placing young people in custody, see Section 2.3, How to Request a Transfer or Placement Review.
Education of Children in Care and Previously Looked After Children

This chapter has been updated to reflect amendments made by the Children and Social Work Act 2017.

These changes relate to the status of ‘Previously Looked After Children’. A Previously Looked After Child  is one who is no longer looked after in England and Wales because they are the subject of an Adoption, Special Guardianship or Child Arrangements Order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person, or has been adopted from ‘state care’ outside England and Wales. The chapter includes a new Section 15, Mental Health and a new Section 8, Safeguarding the Looked After Child at School. A link has been added to the National Curriculum Assessments at Key Stage 2.

In addition the chapter reflects the statutory guidance Keeping Children Safe in Education (KCSIE) 2018, as it relates to Children in Care  and guidance regarding Data protection and safeguarding  as set out in Data protection: a toolkit for schools (August 2018).
Children in Care In Contact With Youth Justice Services This chapter has been updated in relation to the role of the Youth Custody Service when placing young people in custody, see Section 7.7, How to Request a Transfer or Placement Review.
Responsibilities of the Local Authority to Former Children in Care who are in Custody This chapter has been updated in relation to the role of the Youth Custody Service when placing young people in custody, see Section 3.8, How to Request a Transfer or Placement Review.
Adoption Support

This chapter has been updated in line with the Children and Social Work Act 2017 and revised statutory guidance which require schools, through the Designated Teacher for Looked After Children, to offer support to Previously Looked After Children.

A Previously Looked After Child  is one who is no longer looked after in England and Wales because subject of an Adoption, Special Guardianship or Child Arrangements Order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person, or has been adopted from ‘state care’ outside England and Wales).
Adoption Reviews Section 5, The Conduct of Adoption Reviews (bullet point 1.f) has been amended to reflect the status of adopted children as being ‘Previously Looked After’ when considering their educational needs. A link to DfE guidance on Promoting the Education of Looked After and Previously Looked After Children was also added.
Application for Special Guardianship Orders

This chapter has been updated in line with the Children and Social Work Act 2017 and revised statutory guidance which require schools, through the Designated Teacher to provide support to previously Looked After Children

A Previously Looked After Child is one who is no longer looked after in England and Wales because they are the subject of an Adoption, Special Guardianship or Child Arrangements Order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person, or has been adopted from ‘state care’ outside England and Wales.

It has also been updated to reflect the Local Government and Social Care Ombudsman good practice points to follow when working with Special Guardians.  A link to the full report ‘Firm Foundations: Complaints about Council Support and Advice for Special Guardians (Local Government and Social Care Ombudsman) (May 2018)’ was added into the Relevant National Guidance section of this chapter.
Key Local Contacts Local contacts have been reviewed locally and updated.
New Chapters
Chapter Title Details
Deprivation of Liberty  
Mental Capacity  

Next update: May 2020


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