5.1 Referral and Assessment
Thresholds of Need in Wigan:
Level 1
- Children with no additional needs accessing universal services (including for example, schools and primary health care)
Level 2
- Children with additional needs that can be met within the span of a single agency
Level 3a
- Children with additional needs that require a co-ordinated, multi-agency response - offered a Common Assessment, a Change Meeting and services facilitated by a Lead Professional
Level 3b
- Children with a high level of needs and where parenting is compromised, who are at risk of becoming Level 4
Level 4
- Children with significant needs and compromised parenting/caring and in need of protection from harm
Any consideration of making a referral should be done in accordance with the thresholds identified within the Wigan Change for Children and Young People System which identifies 4 levels (please see above). Within this system, children at Level 3a, i.e. those requiring a co-ordinated, multi-agency response will be offered a Common Assessment to identify needs and, if required, a Change Meeting will be held to agree a way forward.
Children about whom there are higher degrees of concern, i.e. those at Levels 3b or 4 should be referred directly to Children's Social Care, where, in conjunction with the other agencies involved, a decision will be made as to the most appropriate response. All telephone referrals should be followed up using the WSCB Professional Referral Form which is available from the WSCB web-site or from the WSCB member representing your organisation / agency.
"While professionals should seek, in general, to discuss any concerns with the family and, where possible, seek their agreement to make a referral to Social Care, this should only be done where such discussion and agreement-seeking will not place a child at increased risk of significant harm."
Staff should be mindful, when considering whether or not to seek agreement to refer, of any potential risk factors which may indicate the possibility of violence toward themselves or others, and of any risk of interference of evidence in what may become a criminal investigation.
5.1.2 Referral responses
Upon receipt of a referral, Children’s Social Care will follow a set of agreed procedures before deciding, in conjunction with other agencies where appropriate, on how best to respond. Whatever the decision reached, Children’s Social Care should feedback their decision, and the reasons for that decision, to the referrer within 24 hours. “If the referrer has not received an acknowledgment within three working days, they should contact Social Care again.”
If it is decided that an Initial Assessment (see section 5.1.4) will be undertaken, the possible outcomes will be:
- services being offered;
- the referral being redirected back to the referrer to begin a Common Assessment as the referral does not reach the required thresholds;
- a strategy discussion or meeting being held; or,
- no further action.
5.1.3 The Framework for the Assessment of Children and their Families
“The framework provides a systematic basis for collecting and analysing information to support professional judgements about how to help children and families in the best interest of the child.
The framework should be used for the assessment of all children in need, including cases where there are concerns that a child may be suffering significant harm.
These Initial Assessments and Core Assessments are conducted by Children’s Social Care following a referral or any significant new event regarding a child who already has a social worker with allocated responsibility.
Evidence about children’s developmental progress, and their parents’ capacity to respond appropriately to the child’s needs within the wider family and environmental context should underpin judgements about:
- the child’s welfare and safety;
- whether, and, if so, how, to provide help to children and family members;
- what form of intervention will bring about the best possible outcomes for the child; and,
- the intended outcomes of the intervention.”
5.1.4 Initial assessments
Initial assessments must be completed within a maximum of 7 working days but may well be much shorter if a strategy meeting/discussion decides the criteria, i.e. the referral meets the threshold for initiating a Children Act 1989 s47 enquiry, are met. (see section 5.2)
Where need has been identified via the Initial Assessment but there are no concerns that the child is suffering or likely to suffer significant harm, “there may be sufficient information ….. to decide what services (if any) should be provided, by whom, according to an agreed plan. On the other hand, a more in-depth (core) assessment may be necessary in order to understand the child’s needs and circumstances.”
5.1.5 Core assessments
This more detailed and in-depth assessment commences:
- at the conclusion of an initial assessment which recommends a more in-depth assessment be conducted;
- where a strategy discussion/meeting recommends a Children Act 1989 s47 enquiry be initiated; and
- when new information on an open case indicates a need for one.
The core assessment should address the most important aspects of the needs of a child, and their parents’ capacity to meet these within the context of the wider family and community.
Although led by Children’s Social Care, Core Assessments require all other agencies with knowledge of the child and family, or specialist knowledge or advice deemed necessary by the lead worker, to participate and contribute fully. They should be completed within 35 working days.
5.1.6 Pre-birth assessments
Pre-birth core assessments may be carried out following a referral from a professional who is concerned that prospective parents may need support to care for their baby, without which they may not be able to provide for the baby’s well-being and welfare, or where there are concerns that the baby may be at risk of significant harm.
The referral will usually result in an initial assessment being completed followed by a planning meeting to agree which agencies need to contribute to the core assessment and identify what specific areas of knowledge about the family they may have. It should also clarify what support can be made available, by which agency, after the birth.
Pre-birth assessments should identify any potential risk to the baby which may suggest a need for immediate action to protect the child after birth. In circumstances where a pre-birth conference has taken place and a child protection plan put in place a ‘review conference’ (see section 5.3.6) must be held prior to the baby’s discharge, even if that discharge is to a ‘place of safety’.
5.2 Child protection enquiries
5.2.1 Duty to conduct s47 enquiries and Core Assessments
Under the Children Act 1989, Children’s Social Care have a duty to conduct s47 enquiries where the information received through a strategy discussion/meeting suggest the thresholds for doing so have been met. The Act also places a statutory duty on all other agencies to assist in that process.
“The core assessment is the means by which a s47 enquiry is carried out”, however, “in these circumstances the objective….is to determine whether action is required to safeguard and promote the welfare of the child or children who are the subjects of the enquiry.” It should be led by a qualified and experienced social worker with Social Care as lead agency.
WSCB will expect all partner agencies to positively contribute to requests for information or assistance in relation to strategy discussions/meetings and to any s47 enquiry.
5.2.2 Threshold for S. 47 enquiries
s47 enquiries may start whenever there is reasonable cause to believe that a child or children are suffering or are likely to suffer significant harm.
“Whenever there is reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm, there should be a strategy discussion or meeting involving Children’s Social Care and the Police, and any other bodies as appropriate, in particular any referring agency.
The discussion should be used to:
- share available information;
- agree the conduct and timing of any criminal investigation;
- decide whether a core assessment under s47 should be initiated, or continued if already begun;
- plan how the s47 enquiry should be undertaken, including the need for medical treatment, and who will carry out what actions, by when and for what purpose;
- agree what action is required immediately to safeguard and promote the welfare of the child, and/or provide interim services and support;
- determine what information from the discussion will be shared with the family, unless such information sharing may place a child at increased risk or jeopardise police investigations into any alleged offences; and
- determine if legal action is required.”
Joint enquiries should be conducted in accordance with agreed practice and protocols. Any difficulties experienced in conducting joint enquiries should be brought to the attention of the Chair of WSCB at the earliest possible moment following conclusion of the enquiry, to ensure lessons are learnt and future practice does not experience similar difficulties.
5.2.3 Involving parents/carers/significant others
“s47 enquiries should always be carried out in such a way as to minimise distress to the child, and to ensure families are treated sensitively and with respect.”
“In the great majority of cases, children remain with their families following s47 enquiries, even where concerns about abuse or neglect are substantiated. As far as possible, s47 enquiries should be conducted in a way that allows for future constructive working relationships with families.”
Social Care has the primary responsibility for engaging the family in this assessment process. Parents/carers should have explained to them verbally and through written information what the s47 enquiry is, why it is happening and what it will entail, unless at this stage to do so would interfere with a Police investigation into a possible criminal offence or potentially place the child at risk of immediate harm.
Care must be taken to ensure that the explanation given is understood and extra consideration should be given to those for whom English is a second language and/or for those with a disability which effects communication.
5.2.4 Seeing the child
WSCB is clear in its expectation that those conducting a s47 enquiry will not only see the child about whom the concern has been raised but all children of the household. Those conducting the enquiry must also give due consideration to the potential of risk to any other children the alleged abuser/perpetrator may come into contact with.
Whilst consideration must be given to the age, language, ability to communicate and understanding of the child, unless there is a clear reason why the child should not be seen on their own the expectation is that they will be. Obviously it is desirable that parents agree to this but lack of agreement should not prevent this from happening.
In planning the interview, it is essential to ensure that children with a disability which impinges on their ability to communicate and those for whom English is a second language are offered appropriate methods or assistance to participate. For example, it would be essential to engage the services of someone familiar with communication aids used by a child with certain disabilities, but they must understand issues around abuse and be trained in interviewing children. Using a known teacher may be appropriate but then again may not as the child may have reservations about disclosing abuse in front of someone they know and that they will continue to have to see.
For children for whom English is a second language, official interpreters, trained in interviewing children, must always be used and never friends or family members.
Consideration of the child’s feelings should always be a factor and each case judged on it’s own circumstances.
In interviewing the child, those conducting the enquiry should seek to clarify:
- their appearance and behaviour;
- what they say about the concern or allegation;
- how they interact with parents/other family members; and
- their environment / living conditions /arrangements
It is important to ensure the child understands, as far as is possible, the nature of a s47 enquiry and the roles of those conducting it, and the possible outcomes.
If the child cannot be seen, due to parental refusal or obstruction, the Social Care worker must inform their manager and as a matter of urgency, arrange a strategy meeting with the Police to agree a way forward, including seeking legal advice if appropriate.
5.2.5 Assessing risk
The purpose of the assessment taking place under s47 is to identify and assess any risk to the child. In doing this, those conducting the enquiry should look to:
- clarify the cause of concern;
- clarify any mitigating factors;
- identify any immediate risks; and
- identify the strengths of the family and wider social networks and their ability to safeguard the child.
5.2.6 Emergency protection
“Where there is a risk to the life of a child, or a likelihood of serious immediate harm, an agency with statutory child protection powers (the Local Authority, Police and NSPCC) should act quickly to secure the immediate safety of the child. Emergency action might be necessary as soon as a referral is received or at any point in involvement with children and families……When considering whether emergency action is required, an agency should always consider whether action is also required to safeguard and promote the welfare of other children in the household, the household of any alleged perpetrator, or elsewhere.
Planned emergency action normally takes place following an immediate strategy discussion…..Where a single agency has to act immediately to protect a child, a strategy discussion should take place as soon as possible after such action…..
In some cases, it may be sufficient to secure a child’s safety by a parent taking action to remove an alleged perpetrator, or by the alleged perpetrator agreeing to leave the home. In other cases it may be necessary to ensure either the child remains in a safe place or is removed to a safe place either on a voluntary basis or by obtaining an emergency protection order (EPO)…..Police powers should only be used in exceptional circumstances where there is insufficient time to seek an EPO, or for reasons relating to the immediate safety of a child.”
5.2.7 S.47 enquiry outcomes/information sharing
Children’s Social Care should decide how to proceed following a Children Act 1989 s47 enquiry, after discussions with all those who have been significantly involved either in the enquiry or in the life of the child e.g. foster carers if involved, and the child and family. “Consideration should be given to whether the core assessment has been completed or what further work is required to complete it.”
A number of outcomes are possible including:
- the concerns are not substantiated;
- the concerns are not substantiated but the child is deemed a child in need and in need of services;
- the concerns are substantiated but the child is not judged to be at continuing risk of significant harm; or
- the concerns are substantiated and the child is judged to be at continuing risk of significant harm.
Where the outcome is that the child is deemed to have suffered or to be potentially at continuing risk of suffering significant harm Children’s Social Care should convene an initial child protection conference. However, “there may be substantiated concerns that a child has suffered significant harm, but it is agreed between the agencies most involved, and the child and family, that a plan for ensuring the child’s future safety and welfare can be developed and implemented without having a child protection conference or a child protection plan. Such an approach is of particular relevance where it is clear to the agencies involved that there is no continuing risk of harm.”
“Where there remain differences of view over the necessity for a conference in a specific case, every effort should be made to resolve them through discussion and explanation…..” The Chair of WSCB should be made aware of any cases where agreement is not possible to reach.
5.3 Child protection conferences
5.3.1 Initial conferences
“The aim of the conference is to enable those professionals most involved with the child and family, and the family themselves, to assess all relevant information and plan how best to safeguard and promote the welfare of the child.”
5.3.1.1 Purpose
The purpose of the initial conference is to:
- analyse the information that has been obtained about the child’s developmental needs and the parents capacity to respond to those needs…within the context of their wider family and environment;
- consider the evidence and make judgements about future risk to the child. The conference should consider all the children of a household, even if concerns are only being raised about one child. If during the course of the conference concerns are raised regarding any other child, including another child of the household, a new referral should be made with respect to that child; and
- decide what future action is required, how that will be taken forward, including the identification of a key worker and core group members, and with what intended outcomes.
“The core group is responsible for developing the child protection plan as a detailed working tool, and implementing it, within the outline plan agreed at the initial child protection conference. Membership should include the key worker, who leads the core group, the child if appropriate, family members, and professionals or foster carers who will have direct contact with the family. …all members of the core group are jointly responsible for the formulation and implementation of the plan, refining the plan as needed, and monitoring progress….”
The first meeting should take place within 10 working days of the initial conference. The purpose of this first meeting is to develop the protection plan and decide what steps need to be taken by whom. Thereafter, core groups should meet at least monthly to monitor actions and outcomes against the plan, and make any necessary alterations as circumstances change. “There should be a written note recording the decisions taken and actions agreed…. The plan should be updated as necessary.”
5.3.1.2 Timing
In order to ensure that conference is able to reach well-informed decisions based on “adequate preparation and assessment of the child’s needs and circumstances” while at the same time ensuring “cases where children are at risk of significant harm (are) not allowed to drift” the conference should take place within 15 working days of the strategy discussion which has determined that a section 47 enquiry is undertaken. Notice of the intended conference should be given as far in advance as possible and the conference held at a time and place convenient to as many as possible.
5.3.1.3 Quoracy
“Those attending the conference should be there because they have a significant contribution to make, arising from professional expertise, knowledge of the child or family or both.”
“There should be sufficient information and expertise available, through personal representation and written reports, to enable the conference to make an informed decision about what action is necessary…., and to make realistic and workable proposals for taking that action forward.”
At a minimum, WSCB will expect appropriate representation from all agencies involved in, or which contributed to, the initial or core assessment preceding the conference, plus any other professionals from health, education, criminal justice and/or specialist services with relevant knowledge of the child or family or which may be useful in helping the conference to understand specific situations or circumstances. Professionals and agencies who are invited but unable to attend should submit a written report to the chair, prior to the conference.
5.3.2 Involving children and parents / carers
“Before a conference is held, the purpose of a conference, who will attend, and the way in which it will operate should always be explained to a child of sufficient age and understanding, and to the parents and involved family members. Where the child/family members do not speak English well enough to understand the discussions and express their views, an interpreter should be used.”
WSCB ask all practitioners to remember that treating people with respect and dignity, and being aware of the impact on a family of a conference being arranged, can significantly affect the outcomes of any intervention and therefore the future safety of a child.
5.3.2.1 Involving children/young people
Whether it is appropriate to invite a child to attend all or part of the conference or not should be decided in advance and based on a number of factors. Primarily, this will depend on the child’s age and level of understanding and their ability to contribute meaningfully to the discussions.
In reaching this decision, the views of the child as to whether they wish to attend should be taken into account, however, this also means that care should be taken in ensuring the child fully understands what the conference is, who will be there and all the possible outcomes.
Where it is deemed not appropriate for a child to attend, then arrangements must be made to ensure their wishes and feelings are able to be made clear to those attending.
5.3.2.2 Involving parents / carers
Although there should be a presumption of attendance by family members, there may be situations where potential conflict between the child and a family member or between family members would prevent this. In these circumstances, WSCB expects those arranging conferences to consider whether individuals should be invited to attend for all or part and to check whether they may wish to speak to conference without certain family members being present.
In order that they may make a meaningful contribution, Social Care staff should also ensure they understand the purpose of the conference, how it will operate, who will be present and the possible outcomes. If parents/carers feel unable to attend, or where a decision has been reached to exclude them due to potential violence or conflict towards professionals and/or other family members, arrangements should be made to ensure their views are able to be made clear to conference members. Social Care staff should give parents information about local advice and advocacy services and explain that they may bring an advocate, friend or supporter.
5.3.2.3 Conference information requirements
Children’s Social Care should provide conference with a written report, summarising and analysing the information obtained through the initial assessment and any core assessment undertaken as part of a s47 enquiry. Where decisions are to be made on more than one child of a family, then written reports should be prepared on each child.
“The report should include:
- a chronology of significant events and agency and professional contact with the family;
- information on the child’s current and past state of developmental needs;
- information on the capacity of the parents and other family members to ensure the child is safe from harm, and to respond to the child’s developmental needs within their wider family and environmental context;
- the expressed views, wishes and feelings of the child, parents and other family members; and
- an analysis of the information”
Copies of the report should normally be supplied to the child and family prior to the conference and the contents explained in (a) language which is able to be fully understood.
Other professionals attending the conference should provide a written report that will be made available to the conference outlining details of their involvement with the child and family and their knowledge of the child’s needs and the family’s ability to meet those. When possible, a copy of the report should be sent to the Independent Reviewing Officer (I.R.O.) at least one day in advance of the conference.
5.3.3 Chairing child protection conferences
“A professional who is independent of operational or line management responsibilities for the case should chair the conference….The status of the Chair should be sufficient to ensure inter-agency commitment to the conference and the child protection plan. Wherever possible, the same person should also chair subsequent child protection reviews in respect of a specific child.”
The responsibilities of the chair include:
- meeting the child and family to ensure they understand the purpose of the conference and what will happen;
- setting out the purpose of the conference to all, determining the agenda and emphasising confidentiality;
- enabling those present and absent contributors to make a full contribution;
- ensuring that conference takes the required decisions in an informed, systematic and explicit way. Decisions should generally be taken on a majority basis, however, the Chair retains a deciding vote where no clear majority is possible; and
- being accountable to the Director of Children and Young People’s Services.
WSCB expects those chairing child protection conferences to be mindful of the need to ensure the child’s interest remain paramount at all times, and to ensure that any issues of concern regarding the working together by WSCB partner agencies or by any other organisation working within the Wigan Council area are brought to the attention of the Chair of WSCB as soon as possible.
5.3.4 Decision making process
5.3.4.1 Categories of children recorded as being subjects of a child protection plan
If a decision is reached that the child is at continuing risk of significant harm and in need of a protection plan, the chair should determine under which category of abuse they should be recorded as subject to a child protection plan in relation to either physical, sexual or emotional abuse or neglect. The category should reflect the primary presenting concerns for the child at that time..
5.3.4.2 Thresholds for requiring a child protection plan
“The conference should consider the following question when determining whether the child should be the subject of a child protection plan.
Is the child at continuing risk of significant harm?
The test should be that either:
- the child can be shown to have suffered ill-treatment or impairment of health or development as a result of physical, emotional or sexual abuse or neglect, and professional judgement is that further ill-treatment or impairment are likely; or
- professional judgement, substantiated by the findings of enquiries in this individual case or by research evidence, is that the child is likely to suffer ill-treatment or the impairment of health or development as a result of physical, emotional or sexual abuse or neglect.
If the child is at continuing risk of significant harm, safeguarding the child will therefore require inter-agency help and intervention, delivered through a formal child protection plan. It is also the role of the initial child protection conference to formulate the outline child protection plan, in as much detail as possible.”
5.3.5. Child protection plans
5.3.5.1 “The overall aim of the plan is to:
- ensure the child is safe and prevent him/her from suffering significant harm;
- promote the child’s health and development; and
- provided it is in the best interest of the child, support the family and wider family members to safeguard and promote the welfare of the child.
The child protection plan should be based on the findings from the assessment and follow the dimensions of the child’s development needs, parenting capacity and family and environmental factors…. It should set out what work needs to be done, why, when and by whom. The plan should:
- describe the identified developmental need of the child, and what therapeutic services are required;
- include specific, achievable, child focussed outcomes;
- include realistic strategies and specific actions to achieve outcomes;
- include a contingency plan if circumstances were to change significantly requiring prompt action;
- clearly identify roles and responsibilities of professionals and family members, including frequency of contact by professionals; and
- lay down points at which progress will be reviewed, and the means by which progress will be judged
The plan should be explained to and agreed with the child in a manner appropriate to their age and understanding. Parents should be clear about the evidence that resulted in the child becoming subject to a protection plan, about what needs to change and what is expected of them.”
Minutes of the conference, including details of the decisions reached and details of the child protection plan should be distributed to all those attending the conference and those that had been invited to conference but unable to attend, including all family members.
5.3.5.2 Implementation of the protection plan
Decisions about how to intervene, including what services to offer, should be based on evidence of what is likely to work best. It is important that the services provided give the child and family the best chance of achieving the required changes.
A key issue in deciding on suitable interventions is whether the child’s developmental needs can be responded to within his/her family context and within timescales that are appropriate to the child.
5.3.6 Review conferences
“Review conferences are regularly held to ensure that momentum is maintained in the process of safeguarding and promoting the welfare of the child.” “Reviewing the child’s progress and the effectiveness of the interventions are critical to achieving the best outcomes for the child.”
5.3.6.1 Purpose
The purposes of review conferences are:
- to review the current situation against those planned outcomes set out in the protection plan;
- to ensure the child continues to be safeguarded from harm i.e. that measures being taken are effective; and
- to consider whether the protection plan should continue, be changed or be discontinued.
The review conference requires as much preparation, commitment and management as the initial conference and should consider explicitly whether the child continues to be at risk of significant harm. As with initial conferences, the conference should consider all the children of a household, even if concerns are only being raised about one child. If concerns are identified about another child a new referral should be made.
“The core group has a collective responsibility to produce reports for the review… (which) provide an overview of work undertaken by family members and professionals, and evaluate the impact on the child’s welfare against planned outcomes…..”
5.3.6.2 Timing
“The first review conference should be held within three months of the initial conference and further reviews held at intervals of not more than six months for as long as the child remains the subject of a child protection plan. Where necessary, reviews should be brought forward to address changes in the child’s circumstances.”
5.3.6.3 Quoracy
“As a minimum, at every conference there should be attendance by Children’s Social Care and at least two other professional groups or agencies who have had direct contact with the child.”
WSCB’s expectations are that attendees should include those most involved with the child and family in the same way as at an initial conference, including any specialist services with relevant knowledge of the child or family or which may be useful in helping the conference to understand any changes in, or blocks caused through, specific situations or circumstances. Professionals and agencies who are invited but unable to attend should submit a written report. “In exceptional circumstances, where a child has not had relevant contact with three agencies (i.e. Children’s Social Care and two others) this minimum quorum may be breached.”
5.3.6.4 Thresholds for no longer requiring a child protection plan
The same decision making process used for deciding if a child required a protection plan should be used for reaching a decision that it is no longer required.
A child’s name should only be removed if a review conference decides:
- the child is no longer at risk of significant harm;
- the child has permanently moved to another area and that area has held a transfer conference; or
- the child has reached 18 years, died or left the UK.
