The Independent Chair’s Service Concerns Resolution Process
Scope of this chapter
This procedure details the process in place to deal with any concerns that an Independent Chair may have regarding the child protection process (Child Protection Co-ordinator), the care planning process (Independent Reviewing Officer) or fostering arrangements for a child looked after in a Nottinghamshire Foster Placement (Fostering Independent Reviewing Officer.
It also details the process in place to deal with any practice concerns that Children’s Social Care may have regarding practice within the Independent Chair Service.
The IRO has the power to refer the matter to CAFCASS at any point in the Concerns Resolution Process and may consider it necessary to make a concurrent referral to CAFCASS at the same time as the Concerns Resolution Process is being used.
Related guidance
- Children Act 1989
- Care Planning, Placement and Case Review (England) Regulations 2010
- Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review
- Working together to safeguard children
- Fostering Services: National Minimum standards
- Fostering Services (England) Regulations 2011
- Care Standards Act 2000
Amendment
In September 2021 the Concerns Resolution Process was implemented to facilitate challenge within the care planning and independent review processes for children and young people and to address concerns regarding the suitability of foster carers in Nottinghamshire. The new process allows for challenge of the independent chair, social care, and partner agencies.
The independent chair is responsible for raising any concerns in relation to a child/young person they are reviewing, or for the Fostering Independent Reviewing Officers, concerns identified in regard to how the support and assessment of Foster Carers is being managed. The role of the independent chair is to offer high support and high challenge, to ensure the child receives the right support at the right time to be safeguarded and achieve their full potential. The principles of the Concerns Resolution Process are:
- The safety and wellbeing of the child or young person is paramount;
- Keeping the child, young person, and their family at the centre of all professional discussions;
- Ensuring that the right conversations are had with the right people at the right time, taking place face to face where possible;
- Quality conversations about which approach should be undertaken;
- The approach should be proportionate and flexible;
- To resolve disagreement using a restorative approach which includes appropriate challenge and respect;
- Resolving disagreements in a timely manner;
- Undertaking a solution focus approach;
- Concerns actions, responses, and outcomes must be recorded and agreed.
When identifying a concern, the independent chair will follow the flow chart "The Independent Chair Service Concerns Resolution Process". The independent chair is then responsible for recording the discussion on the child or adult’s file within the MOSAIC step, and if required ensuring this is reviewed by the relevant manager and responded to.
When identifying a concern within a partner agency, the independent chair will complete the same process and escalate the concern through the appropriate channels.
If social care is concerned about the practice of the independent chair, they will also be able to raise this with the independent chair service, and the attached flow chart details how this can be done. See "Social Care Concerns Resolution Process".
- Since 2002 IRO's have had the authority to refer the case of any looked after child to CAFCASS (under Section 118, Adoption and Children Act 2002);
- The IRO has the authority to refer a case to CAFCASS 'if they are of the view that the child's human rights have been breached and all attempts to resolve the matter have been exhausted The IRO will encounter a wide range of situations in which there are concerns about the plan for the child or the service that is being provided. In most cases it will be possible to address these through:
- Dialogue with the Local Authority, including access to the concerns resolution process;
- Use of the complaint’s procedure, either by the child directly or by an adult who is authorised to act on the child's behalf; and/or
- Application to the court for an order under the 1989 Act, either by the child or by an appropriate adult who is able and willing to act.
- When considering whether to make a referral to CAFCASS, the IRO should consider the impact that a referral would have for the child. In some cases, there will be time available first to pursue the full concerns resolution process within the Local Authority (for example where the dispute relates to educational provision for the next academic year and it is currently still the autumn term). In other situations, the matter will be of sufficient urgency that the concerns resolution process needs to be curtailed (for example where there is a plan to change the child's residential placement within a matter of weeks). It is the responsibility of the IRO to make the decision about whether and when a referral is necessary, based on the timetable for the child.
- Prior to making a referral, the IRO should notify a nominated Local Authority senior officer (group manager, safeguarding and independent review) that a referral to CAFCASS is being considered.
Where the IRO has reached a decision to curtail the concerns resolution process to meet the needs of the child, the IRO should explain the reasons for this to the senior officer. - When considering whether to make a referral, the IRO should have access to management advice and support in addition to independent legal advice where necessary. CAFCASS Legal operates a duty helpline which is available to IRO's for the discussion of possible referrals. The lawyers at CAFCASS Legal cannot give IRO's legal advice, but will discuss with the IRO whether any other steps can be taken before a referral is made.
If the IRO wishes to seek independent legal advice this can be arranged through their line manager with the agreement of the Group Manager, - The IRO can make a referral to CAFCASS by contacting CAFCASS Legal initially by telephone but the referral should always be confirmed in writing to the duty lawyer who will provide contact details to the IRO. The CAFCASS Legal duty helpline telephone number is available from the CAFCASS National Office, the contact details for which can be found on cafcass website.
- The information listed below should accompany a referral to CAFCASS.
- Copies of any final Care Order and the final Care Plan filed in proceedings;
- The report of the children's guardian immediately preceding the making of any Care Order;
- The review records from the preceding 12 months;
- A report by the IRO explaining why the matter is being referred at this stage and setting out what steps the IRO has taken to resolve the position with the Local Authority;
- Where the child is of sufficient age and understanding, a report by the IRO on the child's wishes and feelings, including the child's views in relation to any potential court proceedings;
- Names and contact details for relevant professionals in relation to children's social care and any other agencies involved, for example another Local Authority or an NHS Trust;
- Any other relevant documentation including a chronology and statement of issues, a list of important people in the child's life and their relationship and involvement with the child; and information about diversity issues for the child and family including whether the child or family members will need additional assistance to aid communication; and
- The most recent Care Plan.
- Once a referral has been made, CAFCASS will enter into final dispute resolution with the Local Authority before proceedings are instituted. While CAFCASS cannot refuse to accept any referral, it is the responsibility of CAFCASS and not the IRO to determine whether a legal remedy should be sought. If the problem is not resolved to the benefit of the child and within the child's timeframe, CAFCASS has the power to initiate the following types of action (under regulation 3 of the Children and Family Court Advisory and Support Service Reviewed Case Referral Regulations 2004).
- Proceedings under section 7(1) of the Human Rights Act 1998;
- Claim for judicial review; and
- Other proceedings (for example under the Children Act 1989).
Last Updated: July 28, 2022
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