Learning Objectives:- To understand the current regulatory framework and national minimum standards for foster care To acquire an overview of the related relevant regulations and guidance To identify the key themes from the revisions to the national minimum standards To consider how to apply the new national minimum standards in practice To offer a brief summary of the key changes and new areas covered

Introduction Already working in a regulatory framework Why need to change: reflect current changes - political, practice, research, skills, knowledge, current NMS 10yrs old Now child is first Came into force 1st April 2011

Why revise the legal framework? Amendments to Children Act 1989 introduced by the Children Act 2004 and Children & Young Persons Act 2008; Current confusion and lack of clarity around the existing regulations and guidance by practitioners and managers 3. ie it’s not just LAs children’s services but all of you: senior leaders, health, edu, housing, fostering, children’s homes etc. introduction of new guidance published in March 2010 to underpin the revised legislation for the care of children looked after by the Local Authority Implementation of the new guidance is April 2011. BACKGROUND INFORMATION In recent years following the high profile deaths of children resulting in a nationwide increase in Child Protection Plans and Children in Care, the Government of the day took steps to strengthen safeguarding and care planning for children and young people. This involved revision to legislation through the Every Child Matters Agenda and the regulations and guidance that supports it. Other changes to primary, secondary legislation and guidance since 1991 Result has been complexity, insufficient familiarity by frontline practitioners & variable compliance Purpose of revisions: To update, rationalise and streamline the framework to render it more accessible and coherent To provide a stronger focus on the child Legal context for the regulations and guidance The revised legal framework confirms and in some cases extends, the Children Act 1989, which was amended by: Children Leaving Care Act 2000 Adoption and Children Act 2002 Children Act 2004 Children and Young Persons Act 2008 Give line on each review, purpose Looked after children can be: In voluntary accommodation (S20); ‘in care’ (S31) and on remand or detention [S.21(2)] Section 22(3) of the 1989 Act sets out the general duty of the LA to to safeguard and promote the welfare of the child. Also section 22(3)A specific duty to promote educational achievement, including for those placed out of area Context for the regulations and guidance local authorities and providers are under immense financial pressure, restructuring that will make it challenging to implement revised regulations and guidance Increased pressure to do more with less, some areas particular strains Also series of related government priorities Munro: streamlining and social work professionalism Allen: using evidence based interventions for vulnerable children / families Family Justice Review: reducing delay Field and Tickell Reviews Community budgets, Families with Multiple Problems Evidence-based interventions for looked after children and those on the edge of care or custody Support and challenge for children’s homes Improving timeliness and quality of adoption support

Relationship between Legislation and Guidance Primary Legislation eg The Children Act 1989 = MUST DO Secondary Legislation eg The Fostering Services Regulations 2011= MUST DO = Mandatory Statutory Guidance ( including Local Authority circulars) = MUST be complied with unless exceptional local reasons . Statutory guidance is issued under the Local Authority Social Services Act (1970) S.7 Governmental Practice Guidance = ADVISORY may do National Minimum Standards = INFORM inspection

Child at the heart of practice The regulations and guidance propose to strengthen the role of the social worker as 'frontline corporate parent' and the role of the independent reviewing officer (IRO) for monitoring the performance of the local authority in properly managing and implementing the care plan. The main aim is to put the child at the heart of the care planning process. The guidance also sets out how to meet the accommodation needs of the child and ensure an effective and timely review of the child’s case. The structure of the care planning regulations and guidance mirrors the journey of a looked after child

Key Themes of the Every Child Matters Agenda and The Children and Young Person Act 2008 are: • Centrality of the Voice of the Child • Uncompromisingly high ambitions for children in care • Good parenting from everyone in the system – corporate parenting • Stability in every aspect of the child’s experience • Increase in the focus of transparency and quality of care planning On 24 March 2010, following extensive consultation throughout the country with all representative groups and with all party support in parliament new Regulations and Guidance were agreed to underpin the above themes for care planning for children looked after by local authorities. Aims of the New Care Planning, Placement and Case Review Regulations (“The Regulations”) • to place the child at the centre of all the work • Streamline the processes for looked after children in order to act as the ‘central spine’ for further revisions to Children Act guidance • Increase the emphasis on effective care planning; • Capture new duties set out in legislation; • Improve the clarity, cohesion and internal consistency of the regulatory framework for looked after children The Care Planning, Placements and Case Review regulations bring together in a single set of regulations all the duties on local authorities for making care plans, ensuring that a child or young person is provided with accomodation which meets his or her needs and a review conducted of the child's case within specified timescales. These activities are at the heart of effective corporate parenting. Evidence indicates that effective care planning, led by social workers, promotes permanence and reduces the need for emergency placements and placement changes. Good care planning supports the quality of the relationship between the child or young person and carer by minimising disruption, increasing attachment and providing greater placement stability, which also helps promote a stable education. These activities are at the heart of effective corporate parenting

So who are looked after children? Important to not see as isolated group: whole system of support through universal services, as well as for vulnerable children and families through the edge of care Who are looked after children? About 2/3 of looked after children enter as a result of abuse and neglect e.g. domestic violence, substance abuse by parents Around 20% enter as teenagers, for relatively short periods, but on average with complex needs, higher costs Largest growing groups of looked after children are aged 0-5 and 16+ Social workers report that around 10% have severe learning and physical disabilities Majority have been previously known to services which were not successful at keeping the child at home safely and thriving What’s working? Evidence shows… Care can be positive experience for most children. Outcomes are relatively good, compared to 20 years ago and compared to other vulnerable children and young people. E.g. Increased proportion of care leavers in ‘settled & safe’ accommodation Improved & comparatively low rate of violent child death in England / Wales Heightened awareness of health & educational needs of looked after children LAC system is ‘protective’ while it lasts Outcomes are better for those in stable placements for longer periods

What are we trying to improve? Evidence from research demonstrates common difficulties: Delay Instability Giving priority to educational achievement Abrupt exit for many looked after children and care leavers, despite what is often reported, What are we trying to improve? However, evidence from research demonstrates common difficulties: Instability: [Sinclair, Ward, Farmer etc] Delay: in length of court proceedings and in achieving permanence Many children are not visited regularly Drift in care planning e.g. may experience poor quality reviews Lack of mental health services (children and adults) Over half of return home to birth families break down 3. Giving priority to educational achievement and working with schools. Similarly poor mental / physical health outcomes Gap no longer growing, but not closing either Every placement move: strong association with reduced education attainment Abrupt exit: poor experience of transition to adulthood [Stein] What is causing this variation in practice? 1. New LAC framework therefore an opportunity to upskill the workforce 2. Few LAs have strong cycle of: assessment, planning, intervention, and review. (most do 1 or 2 well) 3. care plans are not sufficiently tailored and interventions not appropriate (MTFC)

The new Section 22C of the CA 89 requires the following to be taken into account when making placement decisions: Responsible authority has a rehabilitative duty to return children to parent or other connected persons with parental responsibility (Guid. p.41-10.4) or person who previously held a residence order then must consider placement with a connected person and without parental responsibility and with unconnected foster carer or residential carer If child is not being rehabilitated with a parent the placement should: allow child to live near home; not disrupt school; enable child to live with sibling; be suitable if child disabled (Guid. p.42-10.7) placement decisions: Authorities must avoid disruption of education at KS 4 (Reg. 10) –Placement should not be changed unless it is clearly in child’s interest and after consulting all parties Placements out of area should only be made if appropriate for the child (Reg. 11) It will no longer be possible to terminate a placement without a review and to have first made other arrangements for the child’s placement, unless there is risk of significant harm to the child (Reg. 14) The following should be notified of a plan to change placement (Reg. 13) –school, IRO, PCT, parent Clarifies checks to be made before a child is placed home with parents (Reg. 15-20; Schedule 3) Clarity about definition and use of short breaks: up to 17 days in a single episode; up to 75 days in a year Criteria for Independent Visitors have been broadened [section 23ZB]

THE CARE PLAN The child’s care plan provides the overall vehicle for bringing together information from the assessment across the 7 dimensions of need, and how these will be met. Social Work Assessment Regulations Clarify that a Care Plan must be prepared for an accommodated child The Care Plan must include a long term ‘permanency’ plan [formerly in adoption regs] (Reg. 5) a “permanence plan”- where the child will live in the long term Arrangements for promoting health Arrangements for promoting educational achievement Emotional and behavioural development Identity Family and social relationships. Including contact arrangements Social presentation Self care skills An integrated plan that must take account of the wishes and feelings of the child and other relevant people about their immediate and long term arrangements. Placement Plan How the placement contributes to the Care Plan & meets the child’s needs Health Plan As part of the care plan, a health assessment by a registered medical practitioner, including mental health, is needed when a child enters care. This must include a record of the arrangements made to meet the child’s health needs. [Regulation 5 and 7 of Care Planning] Health assessments must be conducted at regular intervals [Regulation 7 of Care Planning] Child Protection Plan is separate from the Care Plan If the child has one

Permanence options must be identified as soon as possible after child becomes looked after. Need to reduce delays in decisions and long term placement. High quality care plans will help judges make timely, informed decisions Additional support to prevent placement breakdown, positive experiences Permanence made up of 3 elements: Legal = who has parental responsibility and who might be better e.g. SGO Physical = things such as stable placements Emotional = things such as ability to secure attachments

Placement Plan (reg. 9) preferably before placement begins, otherwise within 5 working days max of placement Notification of placements (reg.13) preferably before placement begins, otherwise within 5 working days max of placement Care Plan (reg. 4) preferably before placement begins, otherwise within 10 working days max of placement Personal Education Plan preferably before placement begins, otherwise within 10 working days max of placement Health Assessment (reg. 7) preferably before placement begins, otherwise prior to first review (within 20 working days)

For IROs… IRO have a strengthened role to scrutinise the care plan, not only during the review process. Requirements: When a child first becomes looked after, a named individual must be appointed by the local authority as the IRO for the child and named in the care plan IRO must spend time with each child prior to reviews, to establish for themselves what the child’s wishes and feelings are IRO to monitor the local authority’s performance of its functions in relation to the child’s case – not just in relation to their review IROs will have the flexibility to adjourn review meetings if they feel that the process would be unproductive

Clarity about definition and use of short breaks: up to 17 days in a single episode; up to 75 days in a year

Temporary approval of connected person as foster carer (Reg 24; Schedule 4) – but only if full approval process cannot be undertaken period changed from 6 to 16 weeks subject to safeguarding checks; assessment of capacity to care

Ceasing to be looked after There is a new requirement to conduct a review for a child or young person who is ceasing to be provided with accommodation (Reg. 41) – to ensure a plan for support and services is in place Clarifies that the care plan must be maintained for eligible children to ensure that they continue to be treated as looked after children and prepared for when they cease to be looked after (Reg. 39)

Changes for young people in transition to adulthood Clarifies that the care plan must be maintained for eligible children to ensure that they continue to be treated as looked after children Accommodation in other arrangements (unregulated settings) must be first assessed as suitable (Reg. 28; Sch 6) – e.g. supported lodgings No move from regulated to unregulated placement without a statutory review chaired by independent reviewing officer (IRO) (s.8 of CYP) No child to be “made to feel they should ‘leave care’ before they are ready” – all professionals to agree that YP is ready at review. Higher education bursary (s21 of CYP) Personal adviser (PA) to 25 (s.23 of CYP Act 2008 amends s.23D of Children Act) Pathway plan and the care plan The pathway plan must be completed using the …assessment and be drawn up as soon as possible… will include the young person’s care plan and include any services being provided..disability…custody…UASC See [Schedule 8] on: accommodation, EET, health, finance, PA etc. key aspects: voice; who will do what; not leave care too soon

Notes for Slide 3 There is no maximum number of panel members required. Members of panel should be chosen from a central list of people whom have the relevant skills/experience and/or qualifications in order to undertake the role. Panel members should reflect the specific issues which are under consideration and include those with experience of education, short breaks, family and friends care and fostering. In addition panel should “be gender balanced and reflect the diversity of the local community”. “Relevant experience should be in child care social work, including direct experience of fostering, either within a fostering service or in placing and supervising children in foster care”. The appointed person should have a good understanding of current legislation, good practice and policies relating to fostering practices in order that they are able to advise the panel accordingly.

Notes for Slide 4 “A fostering service provider must make their records compiled under regulation 30 or 31 in relation to a foster parent available for inspection by another fostering service provider within one month of a request under regulation 26(2)(d).”

Notes for Slide 5 A fostering panel makes recommendations to the fostering service provider and a decision is taken by the “agency decision maker”. If a fostering service provider consider that X is not suitable to be a foster parent they must: Give X written notice (a “qualifying determination”) together with their reasons and a copy of the fostering panel’s recommendation Advise X that, within 28 days of the determination, X may - submit any written representations that X wishes to make to the fostering service provider, and if X does make representation to the provider, the provider must refer the case to the fostering panel for further consideration, or - apply to the Secretary of State for a review by an independent review panel of the qualifying determination Where representation has been made, and the case has been heard either by the fostering panel or the independent review panel, the fostering service provider must make a decision taking into account the recommendation of the original and the subsequent panel

Child focussed Integrated working Nottinghamshire are already doing a lot of this! Previous NMS 2002 produced by Dept of Health, now Dept for Education so a different emphasis and slant Was 32 Standards with 11 sub-sections, now 31 Standards with 2 sub sections: Child focused & Fostering Service The language is based more on integrated working, not only relating to the fostering service in isolation Not everything is new. Some areas are more explicitly stated having their own individual Standard NCC are already functioning within many parts of the NMS We encourage you to read the new NMS

Short breaks (NMS page 7) – NMS modified in relation to short breaks in recognition that the parents have primary responsibility for planning for their child NMS 2.5 (clothing etc), 2.7 (Personal allowance), S9 (Contact) and S12 (Independence/Leaving care) do not apply to short breaks Placement plan in NMS is the short break care plan in relation to children on short breaks

From what? To what? So what? Changed Areas / greater emphasis: S2.7 Personal Allowance –Always had a pocket money element - now embedded in NMS S4 Safeguarding children – new standard S5 Children missing from care – new standard (S4 & S5 were briefly covered under the old S9 Protecting from abuse & neglect) S7 Leisure activities – new standard – greater emphasis S10 Providing a suitable physical environment for the foster child new (Links to previous S6 Providing suitable foster carers)

Changed Areas: S11 Preparation for a placement - New Standard (old Standard 8 – matching – ie a SW process) New Standard – child focussed – helping child settle in S13 Recruiting and assessing foster carers who can meet the needs of looked after children (new but Links to previous S17.5 - 17.7 sufficient staff/carers with the right skills / experience) New one is about recruiting carers to meet the needs of the children they provide care for. S14 Fostering panels and the fostering service’s decision-maker – new. (Note: Stipulates timescales to work within) eg applicant infomed orally within 2 working days of decision makers decision, written confirmation within 5 working days) S15 Matching the child with a placement that meets their assessed needs – new standard identifying timescales 15.3 Identifies new timescale of notifying responsible authority within one working day when a child moves in an emergency Seems there is less emphasis in this section on matching in relation to a child’s identity i.e. ethnicity, religion etc (S11 & S15 were previously covered in S8 Matching) does talk about child’s needs.

Changed Areas: S17.3 – In addition registered managers must obtain a relevant management qualification within 3 years of their appointment After January 2011, management qualifications will be the Level 5 Diploma in Leadership for Health and Social Care and CYP Services (Managers with level 4 Leadership and management for Care Services and Health and Social Care will not be required to do the level 5 Di Diploma) The old NMS standard 27 only had 3 elements the new one has 6. S18 Financial viability and changes affecting business continuity S19 Suitability to work with children New sections 19.3 to 19.6 – More emphasis on checks, vetting, recruitment records and whistle blowing S20 Learning and development of foster carers 20.2 & 20.3 New information relating to the CWDC TSD Standards 20.8 Support for hard to reach foster carers 20.11 When foster carer moves to a new fostering service. Details of L&D to be provided to new fostering agency S21 Supervision and support of foster carers Does not include previous S22.4 information relating to foster carers agreement ie the content is not stipulated S22 Handling allegations and suspicions of harm – important and new standard also reflected in the guidance S23 Learning, development and qualifications of staff New 23.12 re decision maker’s position, qualifications and experience – senior person. Must be a SW S25 Managing effectively and efficiently and monitoring the service New sections: 25.6 (distribution of Ofsted reports) 25.7a (3 monthly fostering service reports) 25.9 (distribution of various PPGs) 25.11 (PPGs regarding Complaints) 25.12 (Working effectively to provide information & services in various formats for individual needs of children) S27 Fitness of premises for use as fostering service 27.3 Provider has a Business Continuity Plan which staff understand and can access, which will include both provision of premises and safeguarding/back up of records S26 Records 26.9 When a foster carer seeks to move to a new provider, there is a timescale of 28 days to provide information requested by the new fostering provider for the prospective foster carer

S28 Payment to Carers. Old standard – 2 points, new one has 9. ‘paid in a fair and timely way’ informed of payment scales etc Important to read S29 Notification of significant events – new. Important as will be relying poss more on independent agencies S30 Family and friends as foster carers old – 4 points, new – 14 points. Eg access to training inc specific for family & friends FC S31 Placement plan and review new Read to clarify roles and responsibilities

Children, Families and Cultural Services Changing Futures: An introduction to the National Minimum Standards for Fostering Services 2011 and Related Regulations and Guidance Do you know what will be expected of you

Programme Learning objectives Introduction Care Planning, Placement and Case Review (England) Regulations 2010 The Fostering Services (England) Regulations 2011 Fostering Services National Minimum Standards (NMS) 2011 Table Discussions Question & Answer session Summary

Learning Objectives

6 Local authority duties

Next….

Care in Practice Revised Legal Framework for Looked After Children Statutory Guidance for Local Authorities On Care Planning, Placement and Case Review For Looked After Children

clarity, cohesion and internal consistency Increase emphasis on effective care planning single set of regulations with all the duties accommodation which meets C&YP’s needs review within specified timescales.

What Works?

What are we trying to improve?

Next….

avoid disruption of education at KS 4 (Reg. 10) allow child to live near home enable child to live with sibling not disrupt school be suitable if child disabled (Guid. p.42-10.7 Placement decisions – New section 22c Children Act 89 Rehabilitative duty to person with PR Then Connected person Foster Care Residential Care

The Child‘s Integrated Care Plan Personal Education Plan Placement Plan Permanence Plan Health Plan Social Work Assessment Child Protection Plan Health professionals carer school

Permanence options must be identified as soon as possible after child becomes looked after Permanence Legal Physical Emotional

Placement and Planning Within 5 working days Within 10 working days Within 20 working days First Review

19 Independent Reviewing Officers must spend time with each child prior to reviews strengthened role to scrutinise

Standard Statutory Social Worker Visits reg. 28(2)

Standard Statutory Social Worker Visits Child in short breaks arrangement reg. 48(3)(c)

Standard Statutory Reviews reg.33

Statutory Reviews – Series of Short Breaks – exemptions reg.48

connected person was Reg. 38 – now Reg. 24 Temporary approval of connected person as foster carer (Reg 24; Schedule 4) Assessment period changed from 6 to 16 weeks

Statutory Social Worker Visits Temporary approval of relative or friend reg. 28(4)

Ending Placements

No child to be “made to feel they should ‘leave care’ before they are ready” transition to adulthood

Next….

FOSTERING SERVICES (ENGLAND) REGULATIONS 2011

Each child should receive a children’s guide on admission into care 2 formats according to the child’s age/level of understanding Each Foster Parent to be provided with a copy of the Care plan

FOSTERING PANELS

SHARING OF RECORDS BEWEEN AGENCIES A provider must make its records available for inspection by another fostering service provider within one month of the request

APPEAL AGAINST AGENCY DECISION

Next….

Context Fostering Services National Minimum Standards (NMS) 2011

Short Breaks

Child Focused Section ~ Changed Areas

Child Focused Section ~ Changed Areas

Fostering Service Section ~ Changed Areas

Fostering Service Section ~ Changed Areas

End of Session