Hello and welcome everybody. My name's after Mahmoud I'm pleased to welcome you to Today's session through data law. Destiny's the local authority procedures, assessments and placements module where I'm going through session to as you notice these are two sessions when bringing up to speed with somebody. Issues surrounding how local authorities operating so far as making placement decisions for Children. Last time you remember I spent some time going through with you the position with the care planning placement in case review regulations in England. Today I'll be going through the welsh regulations in that regard. We spoke about with views, we spoke about The 26 weeks approval in particular. Uh huh 16 week approve of the eight weeks and then subject to the outcome of the review and also took you through some of the leading authorities. The case of one another is the case of Rieff the case of reach age 2019 in relation to the position with assessment of family, friends and other persons connected with the child today, I'm going to be spending a bit more time with you going through some of the regulations in Wales. We'll also be looking at a position with adoption regulation in particular D roller panels and also at the end I'll spend some time going through with you some of the more recent regulations we've had in England particularly surrounding the position with placement of Children under 16 in the unregulated placements. So what I'm going to start with then is the position with fostering arrangements in Wales. Now last time you remember in the first session I spent some time in going through with you. D care planning placement in case review England Regulations And the Welsh equivalent of those are the care planning place from the case review Wales regulations of 2015. Part four covers are different types of placements and this is where you're looking at placement, friends, family, and other persons connected with the child and what you'll find is the regulations are very similar in many respects. $2 that we've got and England self example earlier, you remember in the previous session, I spent some time looking at Regulation 24, for example, of care planning regulations which allows the local authority to place the child to temporary approve The connected person for 16 weeks and then the further eight weeks and thereafter subject to the outcome of the review. The Welsh equivalent of that is regulation 26 of these 2015 regulations where it used to be initially the fact that one could temporary approve up to 16 weeks and then a Further eight weeks and then subject to the outcome of overview. But last year, because of the covid pandemic in Wales At the initial temporary approval was in fact extended initially for 20 a 24 weeks, in fact, so eight weeks was added on. So it was 24 weeks and it's only recently since At the end of September that's now gone down to 8, 16 weeks again. So that was the case in Wales. And and like say it's now very much in line with what we've still got in the position in England. So in that respect it's very much akin to the english position. Also in Wales. You would be looking at schedule five of the care planning and placement and case review Wales legs of 2015 in terms of looking at the parameters within schedule firing of these rags to see whether or not one can be temporarily approved or not. I also wanted to mention the position with private fostering. Sometimes people get confused with this is so these are the particular regulation that we have in England the Children, private arrangements for fostering. And this would be where if you say you've got a parent who's making arrangements for their child to be brought up by somebody who is under 16 or up to 18 if they are disabled and who has been cared for and provided with accommodation by somebody who is other than a parent of theirs and or person who is not a parent but who has point responsibility for them and who is not a relative. So for example if you got the mother of the child who is Arranging for her child to be looked after more than 28 days by say a friend of hers than us where these arrangements would come into play and therefore that Friend of hers comes under Section 66 as a non relative and therefore comes under the definition of a privately fostered person who then is looking to foster a child privately. And what this requires is both the mother and that person. They need to contact the local authorities so that they can then assess and make sure that any safeguarding issues have been addressed and dealt with failure to do so could amount to criminal offenses being brought. So these regulations obviously very, very important. We've got the equivalent in Wales which are their Children, Private fostering arrangements for fostering rags of 2006. And these regulations came in as a result of the tragic death of Victoria Columbia. You remember in the year 2000 which led to the Children Act of 2004. And it's within those eggs within that act which required the need for these regulations to come into play. So you can see a child Is not privately foster if the person who's caring for them and accommodation and has done so for less than 28 days and doesn't intensities of any longer period of time. And also if they are plus there's a relative like say the welsh equivalent Other Children private arrangements for fostering Wales weeks of 2000 and six. Now Palo planning, I mentioned this last time, saw that if say the local authorities are assessing say to parents and they are also looking at alternative options such as other fat friends and family carers connected persons, then they need to be doing that. And as part of that process, you may find that they are also going to be looking at the feasibility and possibility of adoption if that became a reality. And this is where cases like the NK this 1999 case emphasizes the need for local authorities to appropriately parallel plan. Very, very important to get that done so that they mustn't assume that they will be assessing, say parents and if that's unsuccessful, they would then go and assess family members. And if that's something successful, they would then go on to other options. They can't be consecutive replanning because as you can imagine that causes delay and delay as you know, is prejudicial to Charles welfare and this needs to be done in parallel in that regard. And the other point that I wanted to emphasis is this sometimes people get the concept of adoption panels confused and There are certainly three key functions of adoption panels Before September 2012 for all Children for whom adoption may be a possibility. There was a requirement to refer that child's case either as Cyprus scenes or during proceedings to an adoption panel which consists of a number of professionals who would be in that meeting at least one who would need to be independent of the local authorities. There were 55 people in a front panel but if there were more than that, then it would need to be You find two or 3 independent persons independent of the local authority. There would also be a manager. There there would be the adoption medical advisor. It would be adoption panel advisor who would be there. And the purpose of this panel was for these professionals and to consider the child's case and first and foremost to see whether they can recommend that child was suitable to be placed for adoption and by looking at the paperwork which was provided to them in terms of assessments in terms of the chance we're to import in Wales or the child's permanent report in England which would really give a very detailed chronological account of what the position has been hitherto. They would look at the charts, medical position at that stage, they would look at experts reports, they would look had taken legal advice as well. And the aim would be to see if they recommend that this child is suitable to replace the adoption. And if that recommendation was made, it would then go to the ADM the decision maker who would then decide whether to ratify or not recommendation. Now there were changes that were made In September 2012 so that if the child is not a is in prison cases in proceedings and it's not a child who has been relinquished by the parent. Then in that case you would go straight to the agency decision maker as opposed to going to adoption panel was if you got a child who is relinquished by parent, there is still a requirement to refer that child's case to adoption panel. So this is one of the key functions of panel. There are other functions for example, to consider whether to commend as to whether somebody has to be considered as a potential adopter for a child and also to sit as a matching panel to be able to match prospective adopters with the child as well. So that's the other key function of the panel as well. And a lot of the processes for adoption are contained within the adoption agencies regulations of 2005 in England and the Welsh equivalent as well. one of the things these rags then put together was the notion of setting up the adoption panel as I've mentioned here. So you've got the provisions name now, in terms of some of the paperwork that the adoption panel or in appropriate cases, the adam, the agency decision maker who is a senior services manager will get is a child's Permanent Report Under Regulation 17 of the Legs. The welsh equivalent of this is the veteran pool also within Regulation 17, 2005 Wales Regulations. And this is a very detailed report which will contain a lot of information to assist both panel and indeed the ADM in deciding whether to come to their recommendation or decision as to whether the child is suitable to be placed for adoption. So you can see it all the information about the family. Some were written by the medical advisers, child's health, which in feelings of the child considered in light of their agent understanding wishing feelings of the child's parents or guardian only the person that's considered relevant views of the agency about contact. For example, there's also an assessment of the child's particular needs, for example, assessment of parenting capacity. So this is where there will be a summary of the assessments that have done that have been done with the family for example. And also a chronology of actions taken by the local authority and particularly wider local authorities have come to the decision that have to wish to pursue adoptions. That's almost effectively a re Bs analysis that's been done with one is then weighing up the various options and why the authority that have come to the view that they have done to wish to pursue adoption for this child. So you can see it's a very detailed and necessary report that then has to be put together in that regard. Now tied in with this. And I wanted to look at the position with the changes that we've had as a result of of course the covid pandemic and it was up until just recently, in fact 30 September 2021. So just a few weeks ago that we had these regulations that were affected both in England and Wales. So we Had the adoption of Children coronavirus amendment regulations. They were the first sets of regulations that came into effect back in 2020 last year. We then had these regulations In 2021 which came into effect on 30 March this year, which ended On 30 September. these are still, I would suggest uh, of importance even though they do not any longer operate, but they are important because I know that if we are and nobody really knows if we are going to go into a further lockdown, nobody really knows how this virus this faxing program is eventually going to turn out. And as I'm sure many of you will nowadays here we are looking at this as A middle of October 2021. The infection rates have been going up again. So nobody really knows as to whether we may go into a further lockdown and therefore it may be that these regulations are going to be reinstated. We don't know. But these regulations were made in order to assist Children's social care sector during the coronavirus pandemic. So for example, when it came to the adoption and fostering process, for example, many of you will know that when somebody is being assessed as a potential dr for example, then there is what's called a stage one and stage two process. The stage one is in a Short two Month Assessment and then there's a stage to which the more in depth stage force for month assessment and insofar as fostering is concerned. There is in the process of getting medical information done both for foster and also for adoption. Well, because during the coronavirus pandemic, when it first hit us back In March 2020, it was almost impossible to be able to get face to face medical examinations and assessments done to ensure that there was no delay in making sure that people who are being assessed as potential adopters and potential foster carers were being assessed and we're having the medical is done. It is possible to move the need for the medicals which ordinarily would have had to be done by the end of the stage one, it was possible to move that to stage two so that people were Not unduly being delayed and not being able to move on to stage two because the medical had not been done. And the same with fostering for as long as the medical information was made available before obviously any recommendation was made as to whether or not to approve that person as a foster carer as long as it was being done beforehand then that that could be done and therefore that shouldn't cause any delay in the processing. Also in so far as the position would reviews a concern. So these regulations in England allowed to reviews in terms of visits by social workers to be conducted by telephone video link or other electronic means of course, because of the fact that it wasn't as easy of course to be able to do visits in family homes. And we then had the welsh equivalent of these regulations as well. So this was the adoption of fostering Wales miscellaneous amendment, coronavirus regulations which came into effect and which also just recently. And and these again, just like the english regulations allowed the approval process of the spectral doctors to be used in such a way that the information in terms of a medical in particular could be Collected to under stage two process in that regard. So again, it was very much mirroring what we had in so far as the position in England and also as I mentioned earlier in Wales, we had the extension from 16 weeks to 24 weeks for the temporary approval In that. But like side because these regulations have now ended at the end of September 2021, we have now reverted back to a 16 week in that regard. There are these other regulations that of course should be aware of and these are the ones that have come into effect recently in Wales. These are the care planning placement in case review Wales amendment Records of 2021 days came into effect just last month, one September 2021. And effectively what these have done is these have now removed the requirement in the care planning regs in Wales which relate to a care and support plan to be included to be Including a personal education plan because that requirement is now set out within the 2014 Act anyway. Okay, but the matter's work need to be included in a personal education plan are unchanged. But the just sets out really, the categories have looked after Children whom no person education plan is to be prepared as part of their care and support plan. So bear that in mind for those of you who are local authority based. And finally, what I wanted to finish on today's just to talk to you a little bit about the position with placement of Children under 16 and unregulated placements. These are new regulations which recently came to affect only in England and there has been this recent cases decided just last month, Which have looked at these, this is to do with placement have looked after Children under 16 In unregulated placements. As for nine September 2021. So this is very recent. So this was the case of time side NBC and AM and other others. There were three other local authorities involved in this case and the decision was handed down by Mr. Justice Mcdonald Dundee, eighth of september So, just the day before these new regulations came into effect in England, which are the care planning placement and case review. England amendment Makes of 2020. Once putting it simply what these regulations have provided for is that these prohibit The placement of looked after a child at the age of 16 in an unregulated accommodation, those of you who practice in England will know that When we look at section 22 C of the Children Act, you know that when Children are removed from parental care, then there is a uh hierarchy was already a list of the circumstances that situations in which we are looking to place a charge of. First and foremost, you're looking at placement uh as far as his meeting practical with with parents, then you're looking at somebody who had a child arrangements or to specify living with before. And then you're looking at friends, persons or other persons connected with a child and you're looking at foster placement, then you're looking at a Children's home which may or may not be registered. And then you're looking at and any other appropriate placement. And that's where unregulated accommodation has been utilized. It's important to note that an unregulated accommodation is not the same as an unregistered home. So if you take a Children's home, for example, Children's home is one under Care Standards Act of 2000, which is used mainly or solely for purposes of accommodating Children. And if the Children's Children's homes need to be registered with the with the instead or inspectorate and if it's not, then it's still a Children's home, it's unregistered, but an unregulated placement is one that does not need to be registered. So, for example, if a child has been placed in a placement which is not primarily or solely used for perhaps accommodating Children. So the child is going to be placed in a flat, for example, supported lodgings in that regard. If it mainly is not used as a as a Children's home. And what these new regulations are provided for Is that for Children under 16, it is now prohibited To place a child. Look Charlie has already looked after under the age of 16 in an unregulated placement. Under penalties for this are set out with the case and its act, which is a teaser and offense for a person to carry on and manage at Children's home without being registered in these circumstances. And what this case was about is that if the local authority therefore feel that They need to deprive the child of their liberty by having a child placed in one of these units because one it meets the child's needs, it's a specific place but identified the specific needs of the child and particularly where there is no alternative secure accommodation unit available for this child than if they were to invite the cord to endorse this, then can the court and will decor be prepared to do this? And these decisions have said that yes, they can. If it satisfies the necessity test if it's needed, if it's warranted by the inherent jurisdiction of the High Court and by doing so, the court made it very clear that it's not the court who is prohibited under under amended regulations from placing a child under his amendment regulations in an unregulated placement, it's the local authority. So by the court authorizing this, it doesn't mean that they are placing, in fact, they are merely authorizing, then it's up to the local authorities decide whether they will be placing or not. So, court was very clear in making it very clear that if they do approve the placement finding, having jurisdiction, that doesn't mean that they are providing immunity from prosecution. So, therefore, that possibility of prosecution, of course, still remains open. What they are doing is authorizing in these circumstances were by not doing sort of child like to suffer significant harm. And as long as it satisfies a necessity test, they are authorizing the placement, but not insisting on a child being placed in those circumstances. Okay, so that then brings this session to an end. So you can see over over these two sessions have spent a fair bit of time going through with you. Uh, somebody parameters of the way in which these regulations work. You've got the care planning regulations in England Wales. You've got the adoption regulations in England Wales. And you've got the position with looking at some of the case law in so far as the position with exploring family members and viable options there. And I've also looked at the most recent set of regulations, particularly in England insofar as placement of Children under 16 in unregulated place. Thank you very much indeed for listening to these two sessions. I hope that's been useful for you, and I speak to you next time. Thank you very much. Bye for now.
Webinar
Slides
3089 Users
170 Courses
156 Reviews
