The streamlined legal framework for looked after children

Implementation of Care Planning and placements regulations and guidance

November 2010

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The Department has almost completed updating, amending and streamlining the regulations and guidance for looked after children, in part following passage of the 2008 Act – most of these have already been made, the remainder will follow in the next few months;

Aim to have a consolidated and streamlined framework which sets out ‘must dos’ while extending flexibility for local authorities.

Recent progress:

Consultation on foster care & children’s homes regulations almost completed;

Revised regulations and guidance for care leavers announced on 28 October;

Working with local authorities and sector organisations to ensure dissemination, understanding of the framework and effective implementation.

Introduction

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The new legal framework from April 2011 – 6 themes and underpinning statutory guidance

Legal underpinnings:- Children Act 1989

- International obligations

Placements[Care Standards Act 2000]

- Fostering (Vol. 4)- Children’s Homes (vol. 5) - Notification regs; Registration regs- National Minimum Standards

Child at the centre - Care Planning (Vol.2) - Sufficiency Duty

Principles:• mirrors journey through care• timeliness and permanence

• maintain parental involvement• cycle of: assessment, planning,

intervention, review

One, integrated care plan!

Voice of the child

- IRO Handbook - Lead Member and DCS- Effective Advocacy

Care leavers

- Transitions to adulthood (Vol. 3)

• PA to 25

Health and education

- Promoting health- Promoting education- Designated teacher

Vulnerable children not looked after- Short breaks- Visits to former LAC in detention- Accommodated children (visits)- Family & Friends - Placements by vol. orgs.

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Timeline of LAC regulations and guidance

2008 Nov - Royal assent of Children and Young Persons Act.

2009 1st wave : Social Work Practices, Emergency Protection Orders, Child Death information, Independent Review Mechanism.

2nd wave : Designated Teacher and HE bursary regulations came into force, Residence and Special Guardianship Orders to be easier for relatives.

2010 3rd wave (March): Care Planning, Placement and Case Review Regulations made, with guidance – also [independent visitor] IRO, sufficiency duty.

4th wave (Autumn): Make regulations on care leavers, visits to children in custody, children accommodated in residential placements and notification. Short Breaks regs. Care Standards Act registration regs into force.

Consultations on Fostering Services, Children’s homes, Placement of non-LAC by Vol Orgs

2011 5th wave (Jan) - Make Fostering Services regs, CH regs, non-LAC regs. Finalise NMS. Publish Family & Friends guidance.

April – all above regulations and sections of Act in force.

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Disseminating messages about key changes to regulations and guidance to practitioners and managers Purpose: To engage local authorities and other partners with recent and

upcoming changes to the regulations and guidance for looked after children

Scope: – Phase One - Care Planning, Transitions to Adulthood, other Children and

Young Persons Act 08 amendments;– Phase Two - fostering service regs and guidance, children’s home regs

and guidance Audience: LAC and leaving care managers and practitioners, ADs, other

agencies delivering services to LAC, foster and residential carers, senior officers and members

Methods: Co-authoring of practice materials with key partners, disseminating these– eg Expert seminars and workshops with key partners, consolidated website materials, regional / national events, peer-to-peer networks

Outcome: That key partners are aware of changes that will be brought in by the regs and guidance that will come into force April 11, so that these can inform working practices

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Planned engagement process for the next 6 months

• Agreeing scope and best methods with partners develop steering group:

• [May – July] ADCS, LGA, BAAF, Fostering network, NCAS, CSP, CWDC, Ofsted, 5 LAs

• Phase 1: Care planning, transitions and other CYP (2008)• [Oct – Dec] Draft practice materials to fit alongside other organisations’

plans for training• [Jan] Trial practice materials with 5-10 LAs• [Jan – Mar] Disseminate materials & engage with English LAs, other

key partnersApril 2011 - Full set of LAC regulations, guidance and NMS come into

force • Phase 2: Children homes and fostering regulations and guidance,

NMS• [April 2011 - ongoing] further materials and event to align the rest of the

updated materials as a package.