APIR
|
Assessment,
Planning, Implementation
and Review.
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Area Child
Protection Committee
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A forum within
Local Authorities Areas involving
all child protection agencies
to determine multi-agency
procedures in enquiries of
child abuse, to monitor those
procedures and promote co-operation
and inter-agency training.
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Attachment
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"An affectionate
bond between two individuals
that endures through space
and time and serves to join
them emotionally" (Kennell
1976)
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Authorised
Person
|
In relation
to child protection and care
proceedings only the Local
Authority and the NSPCC are
authorised persons able to
carry out certain statutory
duties. The Secretary of
State may authorise others.
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Care
Centre
|
County Courts
designated as Care Centres
may hear all applications
under the Children Act 1989.
Nominated circuit judges
and nominated district judges
hear public law applications
transferred from the Family
Proceedings Court
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Care Plan
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The care plan
compiled for a child/ren
who is looked after voluntarily
or is the subject of Care
Proceeding. The plan should
address the children's identified
needs, how those needs might
be met, aim of plan and timescale,
other services, arrangements
for contact, support in placement,
likely duration of placement,
contingency plan, arrangements
for ending placement, who
is responsible for implementing
the plan, parents role in
day to day arrangements,
children's wishes and feelings.
See Volume 3 DOH Guidance
Family Placements. Paragraph
2.62.
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Categories
A-Q
|
Categories
of children who are in need
and who are eligible for
at least an Initial Assessment.
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Categories
of Abuse for Registration
|
Categories
are; 1: Neglect, 2: Physical
Injury, 3: Sexual Abuse,
4: Emotional Abuse.
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Child
|
A person under
the age of 18 (there are
exceptions to this in the
Children Act 1989, Schedule
1, paragraphs 2, 6, 16).
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Child Abuse
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Working together
under the Children Act 1989
defines four categories of
child abuse: physical, emotional,
sexual, neglect.
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Child Assessment
Order (Children Act 1989,
Section 43).
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An order made
by a court that lasts for
7 days from an agreed date
and requires the production
of a child for assessment.
Only an authorised person
can apply. The order is for
cases where there are suspicions,
but no firm evidence, of
actual or likely significant
harm in cases where it is
not an emergency. The purpose
is to allow the local authority
to find out enough about
the child's state of health,
development or treatment
to decide what further action
may be necessary.
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Child Protection
Plan
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Plan outlining
priority needs and risks
based on recommendations
from Child Protection Conference,
changes needed, work to be
done by whom and when, outcomes
required and timescales and
contingency plans.
|
Child Protection
Register
|
Maintained
by the Social Services Department
on behalf of the ACPC (see
'Area Child Protection Committee')
within the ACPC area, it
is a list of named children,
for whom there are unresolved
Child Protection issues and
for whom there is a Child
Protection Plan in place.
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Children In
Need
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According
to the Children Act a child
is in need if: a) he/she
is unlikely to achieve or
maintain, or have the opportunity
of achieving or maintaining,
a reasonable standard of
health or development without
the provision for him/her
of services by a Local Authority
under Part III of the Children
Act 1989. b) his/her health
or development is likely
to be significantly impaired
without the provision for
him/her of such services;
or c) he/she is disabled.
Children Act 1989, Section
17 (10))
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Complaints
Procedure (Children Act 1989,
Section 26)
|
The procedure
the Local Authority must
set up to hear representations
regarding the provision of
services under Part III of
the Act. Representations
may be made by the child,
the parents, any other person
with parental responsibility,
any Local Authority foster
parent and "such other person
as the Local Authority consider
has a sufficient interest
in the child's welfare to
warrant his/her representations
being offered by them". The
procedure must contain an
independent element.
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Concurrent
Jurisdiction
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Enables the
High Court, County Court
and Family Proceedings (Magistrates)
to hear all proceedings under
the Act and enables all proceedings
involving the child and family
to be brought together in
one court.
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Contact
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Between a
child and another person
which includes visits, stays,
outings and communication
by letter, telephone or electronic
mail. Under Section 34 of
the Act the Local Authority
must allow a child in care
reasonable contact with a
number of persons including
the child's parents.
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Contact Order
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An order "requiring
the person with whom a child
lives, or is to live, to
allow the child to visit
or stay with the person named
in the order, or for that
person and the child otherwise
to have contact with each
other" (S.8).
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Contingency
Arrangements
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In the event
that the plan is not achieving
its purpose, resources are
not available or unforeseen
changes in circumstances
impinge on the implementation
of the plan, mechanisms need
to be put in place and made
explicit in the plan to take
into account these changes.
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Core Assessment
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The threshold
for a Core Assessment is
crossed where the Initial
Assessment indicates there
are significant concerns
about a child's health and
development (Section 17)
and/or there is reasonable
cause to suspect that a child
is suffering, or is likely
to suffer significant harm.
(Section 47).
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Core Group
|
Established
for every child/ren whose
name is placed on the Child
Protection Register consisting
of multi-agency professional
workers, parents, carers
and children (when age and
understanding permit) to
carry out the day to day
work with the family and
contribute to the Level 2
Assessments.
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Core Values
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The multi-agency
principles and standards
for children's services reflecting
the spirit of the Children
Act.
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Designated
Officer
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A Police Officer
at the rank of Inspector
appointed for the purposes
of the Children Act 1989
by the Chief Officer of Police.
When a child is taken into
Police Protection the designated
officer has a duty to inquire
into the case and do what
is reasonable in all the
circumstances for the purposes
of safeguarding or protecting
the child's welfare.
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Development
|
(In relation
to children in need) - means "Physical,
intellectual, emotional,
social or behavioural/development".
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Domestic Violence
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Refers to
the physical, sexual or emotional
abuse inflicted on a spouse
or partner by the other.
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Duty to Investigate
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Where the
Local Authority has "reasonable
cause to suspect that a child
who lives or is found within
their area is suffering or
is likely to suffer significant
harm", it must make such
enquires as it considers
necessary to enable it to
decide whether it should
take any action to safeguard
or promote the child's welfare.
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Eligibility
Criteria
|
Criteria which
are used to ascertain whether
a person is eligible to receive
services. It is constructed
as a Continuum of Service
provision from relatively
low cost provision (primary
and secondary scales of intervention)
to high cost intervention
services (tertiary and quaternary
scales of intervention).
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Emergency
Duty Team
|
A team of
Social Workers responding
to referrals outside Social
Services Department's office
hours.
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Emergency
Protection Order
|
An order under
Section 44 which the court
can make if it is satisfied
that there is reasonable
cause to believe that a child
is likely to suffer significant
harm if they are not either
removed to accommodation
provided by the applicant
or allowed to stay in their
current accommodation. The
order can also be made where
enquiries are being made
with respect to the child
and they are being frustrated
by the unreasonable refusal
of access to the child and
there is reasonable cause
to believe that access is
required urgently. The order
gives the applicant shared
parental responsibility for
the child. The order can
last for a maximum period
of 8 days. In certain circumstances
the order can be extended
for a further 7 days
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Emotional
Abuse
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Sustained
and repeated responses to
the child or the child's
behaviour which are so negative,
inconsistent, rejecting or
inappropriate that the child
has serious difficulties
in emotional, social or behavioural
development.
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Exclusion
Criteria
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In exceptional
circumstances it may be appropriate
to exclude a parent/carer
from a Child Protection conference.
Exclusions should be kept
to a minimum and will be
made by the Review Manager
following discussion with
relevant professional staff.
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Expert Evidence
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Leave of the
court is necessary for a
child to be examined by an
expert for the purpose of
preparing a report for the
proceedings. Includes psychiatric
or psychological assessment
and any other physical examination
(Children Act 1989, Section
38(6)).
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Family
Assistance Orders
|
An order under
S.16 requiring either a Probation
Officer or a Social Worker
to "advise, assist and befriend" a
named person for a period
of six months or less. The
named person can be the child's
parents, guardian, those
with whom the child live
or who has contact with the
child, and the child him/herself.
The court should only make
the order where there are
exceptional circumstances
and everyone named in the
order except the child has
consented to it.
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Family Centre
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A centre which
the child and parents, and
any other person looking
after the child (e.g. a foster
carer) can attend for occupational
and recreational activities,
support, advice, guidance
and counselling. The Family
Centre Service has a key
role in assessment at the
secondary level. The Centre
is a facilitator and supporter
not a provider of open access
community support service.
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Family Proceedings
Court (Magistrates)
|
Lowest tier
of courts which has both
a criminal and civil jurisdiction.
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Genogram
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Family tree.
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Growth Charts
|
Chart for
comparing the growth of a
particular child against
the normal child population
expressed in centiles where
the 50th centile is the average.
(Also known as Centile Charts)
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Guardian Ad
Litem (GAL)
|
The independent
person who is appointed by
the Court to represent and
safeguard the interests of
children in public law proceedings.
Powers and duties set out
in the Children Act 1989
and The Family Proceedings
Rules 1991, part IV; and
The Family Proceedings Court
(Children Act 1989) Rules
1991.
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Guidance
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Local authorities
are required to act in accordance
with guidance issued by the
Secretary of State. However,
guidance does not have the
full force of the law but
is intended as a series of
good practice statements
and may be quoted or used
in court proceedings.
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Harm
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Ill-treatment
or the impairment of health
or development.
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Ill-treatment
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Includes sexual
and emotional abuse.
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Independent
Visitor
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Someone appointed
by the Local Authority to
visit, advise and befriend
a child being looked after.
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Initial Assessment
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All referrals
within Categories A-Q will
have an initial assessment
in order to gather sufficient
information to ascertain
whether the referral should
be treated as an enquiry,
services provided on basis
of information or whether
the threshold is met for
progression to a Core Assessment.
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Inter-agency
Service Plan
|
A plan devised
jointly by the agencies concerned
in a child's welfare to co-ordinate
services they provide. Its
aim is to ensure that the
support offered, meets the
child's needs so far as this
is practicable and that duplication
is avoided. The plan should
specify goals to be achieved,
resources and services to
be provided, the allocation
of responsibilities and arrangements
for monitoring and review.
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Interim Order
|
Where the
Local Authority have applied
for a care or supervision
order the court can make
interim orders until a final
hearing, provided it is satisfied
there is reasonable cause
to believe the threshold
criteria are crossed. An
initial interim order may
last for a maximum of 8 weeks.
After that interim orders
can only be for a maximum
of 4 weeks (Children Act
1989, Section 38).
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Joint
Protocol
|
Procedures
outlining when Child Protection
Enquiries should be undertaken
jointly by Police and the
Social Services Department,
or as a Single Agency Enquiry.
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Judicial Review
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A Procedure
which enables the High Court
to review the actions and
decisions of bodies carrying
out administrative functions
whether of an executive or
judicial nature eg the actions
of a local authority. The
decision may be challenged
on the grounds that the action
is unlawful, unreasonable
or the body has acted with
procedural impropriety.
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Key-Worker
|
Always a suitably
qualified Social Worker from
within Social Services, or
occasionally from NSPCC taking
the lead in co-ordinating
the multi-agency work and
having a proactive role in
ensuring that the Child Protection
plan is developed and that
the risks are kept under
review.
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Looked
After
|
A child is
looked after when he/she
is in the care of the Local
Authority (by order of a
court) or is being provided
with accommodation (under
a voluntary agreement) by
the Local Authority. (Section
20)
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Mission
Statement
|
Area Child
Protection Committee agreement
to contribute to safeguarding
and promoting the welfare
of children, by securing
their protection from abuse,
in partnership with parents
and to ensure effective co-operation
between agencies and professionals
in protecting children.
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Multi-agency
|
Agencies include
the Social Services Department,
Local Education Authority,
Local Health Authority, Police,
Probation, voluntary organisations
and housing authorities.
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Munchausen's
Syndrome by proxy
|
Rare, but
important form of abuse which
consists of the production
of an appearance of illness,
or an actual state of physical
ill health, by someone other
than the child (most often
a parent/carer). Also known
as Fabricated or Factitious
Illness.
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Neglect
|
Includes not
only poor physical care and
inattention to the child's
basic needs, but also a failure
to provide the necessary
stimulation to sustain behavioural
and emotional development.
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Organised
Abuse
|
Term which
covers a wide range of activity
from small paedophile or
child pornography rings with
most participants knowing
one another, to large networks
of individual groups or families
in which not all participants
will be known to one another.
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Paramountcy
Principle
|
The principle
that the welfare of the child
is the court's paramount
consideration in proceedings
concerning children under
the Children Act 1989 (Section
1).
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Parental Responsibility
|
"All the rights,
duties, powers, responsibilities
and authority which by law
a parent of a child has in
relation to the child and
his/her property." Parental
responsibility can be exercised
by persons who are not the
child's biological parent
and can be shared among a
number of persons. It can
be acquired by agreement
or by court order (Children
Act 1989, Section 3 & 4).
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Parties
|
Parties to
Court proceedings are entitled
to attend the hearing, present
their case, examine witnesses,
appeal and may be eligible
for legal aid. The Court
Rules specify who are parties
to particular types of proceedings.
Children are not always a
party to proceedings e.g.
Section 8 applications. Others
may acquire party status
or make representations.
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Permanency
Planning
|
A process
to obtain for a child a permanent,
stable and secure upbringing,
either within their original
family or by providing satisfactory
alternative parenting (eg
with foster carers, adoptive
parents or other extended
family members). Its aim
is to avoid long periods
of insecurity or repeated
disruptions in children's
lives.
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Physical Abuse
|
Takes many
forms: bruising, suffocating,
poisoning, burning, scalding,
ingestion, genital mutilation,
biting.
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Police Protection
|
The power
the Police have to remove
a child to suitable accommodation
or prevent his/her removal
from suitable accommodation
for a maximum of 72 hours
under the Children Act 1989,
Section 46 where they have
reasonable cause to believe
the child would otherwise
be likely to suffer from
significant harm. There are
duties on the Police to consult
the child (where this is
practicable) and to notify
various persons of their
action - eg the child's parents
and the local authority.
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Preliminary
Hearing
|
A hearing
to clarify matters in dispute,
to agree evidence, and to
give directions as to the
timetable of the case and
the disclosure of evidence.
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Presumption
of No Order
|
The principle
that the court must be satisfied
that the making of an order
is better for the child than
no order at all.
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Primary Intervention
|
Low/No risk
intervention on eligibility
criteria.
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Quoracy
|
A quorum is
reached when there are representatives
from Social Services and
at least two other agencies
from within Health, Police
and Education in order that
there is a properly informed
decision about registration
and to agree recommendations.
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Recovery
Order
|
An order which
the court can make when there
is reason to believe that
a child who is in care, the
subject of an Emergency Protection
Order, or in Police Protection,
has been unlawfully taken
or kept away from the responsible
person, or has run away or
is staying away from the
responsible person or is
missing. The effect of the
Recovery Order is to require
any person who is in a position
to do so to produce the child
on request, to authorise
the removal of the child
by any authorised person,
and to require any person
who has information as to
the child's whereabouts to
disclose that information,
if asked to do so, to a Constable
or an Officer of the court.
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Reducing Delay
|
The Children
Act states "in any proceedings
in which any question with
respect to the upbringing
of a child arises, the Court
must have regard to the general
principle that any delay
is likely to prejudice the
welfare of the child".
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Referral
|
A referral
is defined as a request for
services to be provided by
the Social Services Department.
The response may include
no action.
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Regulations
|
The supplementary
powers and duties issued
by the Secretary of State
under the authority of the
Act. These cover a wide range
of issues from Secure Accommodation
to the procedure for considering
representations (including
complaints), and have the
full force of law.
|
Rehabilitation
|
The process
of working with children
and parents, providing support
and resources to enable children
to return home and be brought
up within their own family.
|
Representations
|
See Complaints
Procedure.
|
Residence
Order
|
An Order under
S.8. of the Children Act "settling
the arrangements to be made
as to the person with whom
a child is to live".
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Responsible
Person
|
In relation
to a supervised child, "any
person who has parental responsibility
for the child, or any other
person with whom a child
is living". With their consent
the responsible person can
be required to comply with
certain obligations.
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Review
|
The Local
Authority must conduct regular
reviews of children looked
after. These reviews provide
the opportunity to consider
progress and any problems
and changes in circumstances,
and to resolve difficulties,
set new goals and plan for
the future. They are usually
attended by the child, parents,
carers and others with significant
responsibilities for the
child. Inter Agency Service
Plans under Section 17 and
Child Protection Plans under
Section 47 are reviewed within
set timescales (depending
on priority).
|
Review Manager
|
Chairperson
of the Child Protection Conference.
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Risk of Deterioration
Factors
|
Contributory
factors such as such as mental
illness of a parent which
should be taken into account
as indicating a high risk
of deterioration in an assessment
of a family.
|
Rules
|
Rules of court
made by the Lord Chancellor
lay down the procedural rules
that govern the operation
of the courts under the Children
Act 1989.
|
Schedule
1 Offenders
|
Schedule 1
refers to Schedule 1 of the
Children and Young Persons
Act 1933 an extract of which
can be found in Appendix
10. The offences relate to
the ill-treatment of children
and young persons under 18
years.
|
Section 8
Orders
|
The four private
law orders contained in The
Children Act 1989 which,
to varying degrees, regulate
the exercise of parental
responsibility (Residence,
Contact, Prohibited Steps
and Specific Issues Orders).
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Secure Accommodation
|
Refers to
the restriction of liberty
of children in certain forms
of accommodation. Regulations
made by the Secretary of
State govern the circumstances
where liberty can be restricted
and the role of the court
in authorising such restrictions.
Criteria for secure accommodation
orders are at Section 25
of the Children Act 1989
and are met if the child
has a history of absconding
and is likely to abscond
from any other accommodation
and that if they abscond
they are likely to suffer
significant harm or that
if kept in any other accommodation
they are likely to injure
themselves or other persons.
|
Serious Case
Review - ACPC Procedures
|
On conducting
a review of a case wherever
a case involves an incident
leading to the death of a
child where Child Abuse is
confirmed or suspected, or
a Child Protection issue
is likely to be of major
public concern arises. This
is a requirement of 'Working
Together to Safeguard Children'
(2000).
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Service Plan
|
Plan stating
aims of future intervention,
service provision and intended
outcomes with purpose of
defining overall aim of future
work with child and family.
|
Service Shortfall
|
Difference
between level of provision
and identified need.
|
Sexual Abuse
|
The involvement
of dependant developmentally
immature children and adolescents
in sexual activities they
do not truly comprehend and
for which they are unable
to give informed consent,
or that violate the social
taboos of family roles (Schechter
and Roberge 1976)
|
Significant
Harm
|
Actual significant
harm or the likelihood of
this forms the basis for
child protection action and
care proceedings. The harm
(ill-treatment, impairment
of health or development)
must be significant (see
separate entries on ill-treatment
and development. Health means
physical or mental health).
Where the question of whether
harm suffered by a child
is significant turns on the
child's health or development,
his/her health or development
shall be compared with that
which could reasonably be
expected of a similar child.
In all cases the harm or
likelihood of harm must be
attributable either to the
care actually given (or likely
to be given) to the child
not being what it would be
reasonable to expect a parent
to give (see Children Act
1989, Section 31), or to
the child being beyond parental
control.
|
Specialist
Assessment
|
Specialist
assessments are likely to
be required to support and
inform the Core Assessment
where a risk assessment of
an alleged sex offender is
required, where mental health
issues in parent/carer or
child are identified/where
substance abuse may be a
significant factor, or where
the child/parent/carer suffers
from disability.
|
Specific Issues
Order (Children Act 1989,
Section 8)
|
An order giving
directions for the purpose
of determining a specific
question which has arisen,
or which may arise in connection
with any aspect of parental
responsibility for a child.
The Local Authority cannot
use this order as an alternative
to commencing care proceedings
when the threshold criteria
under Section 31 Children
Act 1989 are met.
|
Strategy Meeting/Discussion
|
Minimally
this is a discussion/meeting
between Social Services and
the police but consideration
should be given to involving
other agencies within 24
hours following a decision
to undertake a S47 Enquiry.
The purpose being to share
all relevant information
and plan the timescales and
scope of a child protection
enquiry.
|
Substance
Abuse
|
Drugs including
any substance (e.g. alcohol)
which modify the physiological
and/or psychological functions
of an individual.
|
Supervision
Order
|
An order under
section 31(1)(b) putting
a child under the supervision
of a designated Local Authority
or of a Probation Officer.
The order lasts for one year
with a possible extension.
The maximum duration is 3
years. The first interim
order may be made for 8 weeks
(subsequently 4 weeks). The
court must be satisfied that
the threshold criteria under
Section 31 Children Act 1989
are crossed and the order
is in the best interests
of the child before they
make it.
|
Tertiary
|
High Risk
level of intervention on
eligibility criteria.
|
Timetables
|
The court
is bound by the principle
of avoiding delay, as it
is presumed to be harmful
to the child. It has the
power to draw up a timetable
and give directions for the
conduct of the case in any
proceedings in which the
making of a Section 8 Order
arises, and in applications
for Care and Supervision
orders.
|
Threshold
|
The threshold
for carrying out a Core Assessment
can be made using the duty
to make enquiries under Section
47 or under Section 17 of
the Children Act 1989. Under
Section 47: The threshold
is met when a reasoned judgement
has been made that a suspicion
of actual, or likely, suffering
of significant harm is justified
in relation to an individual
child. Under Section 17:
The threshold is whether
there are significant concerns
about the child's health
and development. Such a judgement
under either Section 47 or
Section 17 may be reached: · at
the outset, based on referral
information; · at any time
during or at the conclusion
of an Initial Assessment.
NB: For thresholds for care
proceedings please see entry
for significant harm.
|
Welfare
Checklist (Children Act 1989,
Section 1(3))
|
A checklist
of seven points to which
the courts must refer in
any Section 8 or Care and
Supervision proceedings: · the
ascertainable wishes and
feelings of the child concerned
(considered in the light
of his/her age and understanding). · his/her
physical, emotional, and
educational needs. · the
likely effect of any changes
in his/her circumstances. · the
child's age, sex, background
and any characteristics which
the court considers relevant. · any
harm which he/she has suffered
or is at risk of suffering. · how
capable each of his/her parents,
and any other person in relation
to whom the court considers
the question to be relevant,
is of meeting his/her needs. · the
range of powers available
to the court under the Act
in the proceedings in question.
|
Welfare Report
|
The court
has the power to request "welfare
reports" on a child under
Section 7 and Section 37
of the Children Act 1989.
Under Section 7: The court
may order the local authority
or probation services to
prepare a report on the child's
welfare and to make recommendations
to the court on the application
before it. Under Section
37: The court may order the
Local Authority to prepare
a report on the child with
the specific purpose of addressing
whether or not the threshold
criteria under Section 31
are crossed and whether or
not the Local Authority intends
to make an application for
a care or supervision order
on the child. These reports
are usually ordered during
the course of private law
proceedings but may be ordered
in public law proceedings
|
Working Together
|
Document prepared
by DoH, the Home Office,
the Department of Education
and Science and the Welsh
Office consolidating previous
guidance on procedures for
the protection of children
and recommending developments
aimed at making these more
effective.
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