Amendments
May 2024
| Updated Chapters | |
| Chapter Name | Details |
| Children and Young People Aged 0-25 with Special Educational Needs and Disabilities | This chapter has been amended to include information from Special Educational Needs and Disability: Improving Local Authority Decision Making - Report of the Administrative Justice Council’s Working Group on Special Educational Needs and Disability. |
| Family and Friends Care | This chapter has been updated to include information about Ukrainian children being cared for my family and friends in the UK. |
| Young Carers | This chapter has been refreshed. |
| Placements in Secure Accommodation on Welfare Grounds | This chapter has been amended in line with the Revised Practice Guidance on the Court’s Approach to Unregistered Placements (October 2023) and Revised National Listing Protocol for Applications that Seek Deprivation of Liberty Orders Relating to Children under the Inherent Jurisdiction. |
| Next Update: November 2024 |
November 2023
| Updated Chapters | |
| Chapter Name | Details |
| Capacity and Consent | Amendments has been made to reflect case-law in relation to assessing legal capacity. |
| Care and Supervision Proceedings and the Public Law Outline | Information has been added into Section 4, Care Orders and Supervisions Orders on a Care Plan of the Child Remaining at Home in relation to Supervision Orders, in line with Public Law Working Group (PLWG) Recommendations to Achieve Best Practice in the Child Protection and Family Justice Systems: Supervision Orders. |
| Children and Young People Aged 0-25 with Special Educational Needs and Disabilities | This chapter has been updated. Information in relation to legal aid for foster carers and prospective adoptive parents in First Tier Tribunal appeals has been added into Section 15, Resolving Disagreements. |
| Aftercare under Section 117 of the Mental Health Act 1983 | Section 2, Ordinary Residence has been updated in line with case law. |
| Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery | This chapter has been updated. Information in relation to the National Age Assessment Board has been added in to Section 4, Assessment. |
| Families with No Recourse to Public Funds | Section 5.2.5, Providing Support has been updated to reflect the Home Office increase in financial support to individuals waiting to find out if they will be given asylum in the UK. |
| Local Authority's Sufficiency Duty - Accommodation for Looked After Children | This chapter has been updated. |
| Decision to Look After | Section 3, Section 20 Accommodation has been updated in line with case-law. |
| Placements in Residential Care | This chapter has been updated to include information from Guidance - Placing Children: Deprivation of Liberty Orders - guidance for providers, social workers and placement commissioners on placing children, subject to a deprivation of liberty order (DoL), in unregistered settings and President of the Family Division Practice Guidance: Placements in Unregistered Children's Homes in England or Unregistered Care Home Services in Wales. |
| Placements in Secure Accommodation on Welfare Grounds | Section 10, Use of Inherent Jurisdiction to Authorise a Placement Involving a Deprivation of Liberty has been updated to include information from Guidance - Placing Children: Deprivation of Liberty Orders - guidance for providers, social workers and placement commissioners on placing children, subject to a deprivation of liberty order (DoL), in unregistered settings and President of the Family Division Practice Guidance: Placements in Unregistered Children's Homes in England or Unregistered Care Home Services in Wales. |
| Remands to Local Authority Accommodation or to Youth Detention Accommodation | This chapter has been amended to include information from Annex to MOJ Circular 2022/03: Additional Information on Remand to Local Authority Accommodation (RLAA). |
| Placements in Other Arrangements | This chapter has been revised throughout. |
| Supporting the Education and Promoting the Achievement of Children with a Social Worker, Looked After and Previously Looked After Children | This chapter has been revised throughout. |
| Health Care Assessments and Plans | Information in relation to allergies has been added into Section 4, Health Plans. |
| Marriage / Civil Partnership of a Looked After Child | This chapter has been amended to reflect that the Marriage and Civil Partnership (Minimum Age) Act 2022 raised the age of marriage and civil partnership to 18 in England and Wales, with effect from 26 February 2023. |
| Leaving Care and Transition | This chapter has been amended to note that with effect from 1 April 2023, the leaving care allowance increased from £2,000 to £3,000. It has also been revised to include information from the revised Ofsted inspection framework. |
| Allegations Against Foster Carers | This chapter has been amended in line with revised Keeping Children Safe in Education. A new Section 2, The Difference Between an Allegation of Harm and a Concern has also been added. |
| Allegations Against Prospective Adopters and in Relation to Children Placed for Adoption or Already Adopted | This chapter has been amended in line with revised Keeping Children Safe in Education. A new Section 2, The Difference Between an Allegation of Harm and a Concern has also been added. |
| Early Permanence: Fostering for Adoption, Concurrent Planning and Temporary Approval as Foster Carers of Approved Prospective Adopters | This chapter has been refreshed and a link added to National Early Permanence Practice Standards (Coram Centre for Early Permanence). |
| Applications for Special Guardianship Orders | This chapter has been updated. Information in relation to timing of assessments has been added into Section 6.2, Special Guardianship Applications in Care Proceedings. |
| New Chapters and Features | |
| Chapter Name | Details |
| Health and Safety | This chapter has been added to the procedures manual. |
| Ofsted Inspection Framework | This chapter has been added to the procedures manual. |
May 2023
| Updated Chapters | |
| Chapter Name | Details |
| Care and Supervision Proceedings and the Public Law Outline | This chapter has been updated in line with A View From the President's Chambers: Relaunching the PLO (November 2022) A link has also been added to Pre-proceedings and Family Justice Hub (Research in Practice). |
| Case Records and Retention | This chapter has been updated in relation to the Independent Inquiry into Child Sexual Abuse. |
| Children and Young People Aged 0-25 with Special Educational Needs and Disabilities | This chapter has been updated to include information from Guidance: Area SEND Inspections Framework and Handbook (November 2022). |
| Placing and Visiting Children with Special Educational Needs and Disabilities or Health Conditions in Long-Term Residential Settings | This chapter has been updated in line with the UK Social Work Practice in Safeguarding Disabled Children and Young People report. |
| Positive Relationships and Behaviour Management | This chapter has been updated to incorporate Ofsted feedback. |
| Applications for Special Guardianship Orders | This chapter has been updated to reflect the Public Law Working Group Best Practice Guidance which addresses the lawful extension of care proceedings beyond 26 weeks in Special Guardianship cases. |
| New Chapters and Features | |
| Chapter Name | Details |
| Children Involved in the Youth Justice System: Additional National Guidance | This chapter has been added to the manual. |
December 2022
| Updated Chapters | |
| Chapter Name | Details |
| Care and Supervision Proceedings and the Public Law Outline | This chapter has been amended in line with Management Guidance in Public Law Children Cases: March 2022. |
| Aftercare under Section 117 of the Mental Health Act 1983 | This chapter has been amended to refer to Guidance issued by the Local Government and Social Care Ombudsman and the Parliamentary and Health Service Ombudsman. |
| Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery | The National Transfer Scheme Protocol for Unaccompanied Asylum Seeking Children has become mandatory for all local authorities with children's services. |
| Decision to Look After | This chapter has been divided with Care Planning. |
| Care Planning | This chapter has been divided with Decision to Look After. |
| Ceasing to Look After a Child | This chapter has been updated to add guidance on when a child leaves a placement, and to add a link to the NYAS 'My Things Matter' Report – support and respect care-experienced children and their belongings when they move. |
| Placements in Foster Care | This chapter has been updated to add guidance on when a child leaves a placement, and to add a link to the NYAS 'My Things Matter' Report – support and respect care-experienced children and their belongings when they move. |
| Placements in Residential Care | This chapter has been updated to add guidance on when a child leaves a placement, and to add a link to the NYAS 'My Things Matter' Report – support and respect care-experienced children and their belongings when they move. |
| Placements Outside England and Wales | This chapter has been amended to reflect the Cross-border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 and Cross-Border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022: Practice Guidance, Notice and Undertaking Template. |
| Remands to Local Authority Accommodation or to Youth Detention Accommodation | This chapter has been amended to reflect the changes to the youth remand framework under the Police, Crime, Sentencing and Courts Act 2022. |
| Contact with Parents/Adults and Siblings | This chapter has been amended in line with a finding by the Local Government and Social Care Ombudsman. |
| Positive Relationships and Behaviour Management | As part of the continuing improvement of the manual tri.x have substantially refreshed this chapter. |
| Restrictive Physical Intervention and Restraint | As part of the continuing improvement of the manual tri.x have refreshed this chapter. |
| Leaving Care and Transition | This chapter has been updated to add guidance on when a child leaves a placement, and to add a link to the NYAS 'My Things Matter' Report – support and respect care-experienced children and their belongings when they move. Torbay links have also been added. |
| Looked After Children and Young People in Contact with Youth Justice Services | This chapter has been amended to include information on Appropriate Adults. |
| Fostering Panel | As part of the continuing improvement of the manual tri.x have substantially refreshed this chapter. |
| Allegations Against Foster Carers | As part of the continuing improvement of the manual tri.x have substantially refreshed this chapter. |
| Recruitment, Assessment and Approvals of Prospective Adopters | As part of the continuing improvement of the manual tri.x have refreshed this chapter. |
| Adoption Panel | As part of the continuing improvement of the manual tri.x have refreshed this chapter. |
| Placement for Adoption | As part of the continuing improvement of the manual tri.x have refreshed this chapter. |
| Adoption Support | As part of the continuing improvement of the manual tri.x have refreshed this chapter. |
| Disruption of Adoptive Placements | As part of the continuing improvement of the manual tri.x have refreshed this chapter. |
May 2022
| Updated Chapters | |
| Chapter Name | Details |
| Care and Supervision Proceedings and the Public Law Outline | This chapter has been substantially updated. |
| Legal Gateway/Planning Meetings | This chapter has been substantially updated. |
| Electronic Recording of Meetings and Conversations | Part 1 of the Electronic Recording of Meetings and Conversations chapter has been updated in line with case-law. |
| Use of Social Media Sites by Social Care and Safeguarding Staff | This chapter has been given a general refresh. |
| Children and Young People Aged 0-25 with Special Educational Needs and Disabilities | Section 15, Resolving Disagreements has been updated in line with the First Tier Tribunal's extended powers to hear appeals and make non-binding recommendations about health and social care aspects of Education, Health and Care (EHC) plans, provided those appeals also include education elements. |
| Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery | National Transfer Scheme Protocol for Unaccompanied Asylum Seeking Children: The National Transfer Scheme is to become temporarily mandatory for all councils. NOTE: GOV.UK has not yet been updated, but the Home Office has been writing direct to all local authorities. |
| Decision to Look After and Care Planning | Section 1.3, Section 20 Accommodation has been revised in line with the Public Law Working Group (PLWG) Recommendations to Achieve Best Practice in the Child Protection and Family Justice Systems. |
| Placements in Secure Accommodation on Welfare Grounds | Section 10, Use of Inherent Jurisdiction to Authorise a Placement Involving a Deprivation of Liberty has been updated in line with case-law. |
| Education of Looked After and Previously Looked After Children | This chapter has been significantly amended to reflect the 'Review of Sexual Abuse in Schools and Colleges (Ofsted, June 2021)'; updated 'Keeping Children Safe in Education' (see Scope Box above) and Sexual Harassment in Education – Briefing (House Of Parliament Library, June 2021). (See Section 8.2, Protecting looked after children from sexual harassment and peer on peer abuse). The chapter has also been amended to reflect Promoting the Education of Children with a Social Worker: Virtual School Head Role Extension, June 2021. |
| New Chapters and Features | |
| Chapter Name | Details |
| Equality and Diversity | This procedure has been added to the manual. |
| Risk Assessment and Planning | This procedure has been added to the manual. |
| Providing Personalised Care | This procedure has been added to the manual. |
| Leisure Activities | This procedure has been added to the manual. |
| Training and Development of Foster Carers | This procedure has been added to the manual. |
January 2022
| Updated Chapters | |
| Chapter Name | Details |
| Capacity and Consent | Section 4.3, Consent to the Use of Medication to Suppress Puberty has been updated and new Section 5.4, Consent to Life-ending Withdrawal of Medical Support has been added, to reflect High Court judgments. Section 2.1, Consent to Information has been updated to reflect revisions contained in the statutory guidance Working Together to Safeguard Children. |
| Contacts and Referrals | Guidance contained in this chapter has been reviewed and updated as required to reflect guidance from the refreshed Working Together to Safeguard Children. |
| Assessments | This chapter has been amended to add a new Section 15, 16 and 17 year olds who may be Homeless and/or require Accommodation and reflects the issue of Homelessness and the vulnerability of young people identified in Working Together to Safeguard Children. |
| Care and Supervision Proceedings and the Public Law Outline | This chapter has been updated. The link has been updated to the SWET (updated April 2021). Section 2, Pre-Proceedings has been updated to include information in relation to pre-birth assessments and planning where the mother has learning disabilities. It has also been updated to reflect Practice Guidance on Special Guardianship (Family Justice Council, June 2020). See in particular Section 9, Expectations of the Local Authority by the Court. |
| Complaints and Representations | This chapter has been amended to reflect the Children's Statutory Complaint Process: Guide for Practitioners (Local Government & Social Care Ombudsman, 2021). (See Relevant Guidance). |
| Electronic Recording of Meetings and Conversations | Information has been added on recording by employees in a professional capacity, and links added to relevant guidance. |
| Children and Young People Aged 0-25 with Special Educational Needs and Disabilities | This chapter has been refreshed and updated and includes links to related reports from the House of Commons Library. (See Section 16, Further Information and Statutory Guidance). |
| Short Breaks | Information has been added in to Section 7, Short Break Settings, in relation to the prohibition on looked after children under the age of 16 being placed in 'other arrangements' placements for the purposes of a short break. |
| Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery | A link has been added to the Independent Child Trafficking Guardians Referral Form. In areas where the ICTG service has been implemented, if the social worker considers a child to be a potential victim of modern slavery, they should refer them to the ICTG service by completing the online referral form. Section 6.1, Placement Options has been updated in relation to placements in 'other arrangements'. Section 4, Assessment has been updated in relation to Age Assessments. Minor amendments have also been made to this chapter in line with the UK's exit from the EEA. |
| Families with No Recourse to Public Funds | This chapter has been updated. |
| Family and Friends Care | This chapter has been revised. New Section 7, Education has been added and information added on the School Admission Code. |
| Relinquished Children | This chapter has been updated to reflect case-law setting out lessons for the future in non-notification cases. |
| Criminal Injuries Compensation Authority Claims for Looked After Children | This chapter has been refreshed and a link added to House of Commons Library Briefing Paper: Criminal Injuries Compensation for Victims of Child Abuse. |
| Placements with Parents | Section 1, Planned Placements has been updated to add information on placements in 'other arrangements.' |
| Placements in Residential Care | This chapter has been updated to note that, from September 2021, looked after children under 16 years of age cannot be accommodated in unregulated independent or semi-independent placements. |
| Out of Area Placements | Section 6, Placements in Wales has been updated in line with updated Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review. |
| Placements Outside England and Wales | Section 3, Placements in Scotland, Northern Ireland, Isle of Man and Guernsey has been updated in line with updated Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review. Additional information has also been added in relation to placements in Scotland, in line with a High Court case. |
| Remands to Local Authority Accommodation or to Youth Detention Accommodation | Information has been added in to Section 3, Local Authority Accommodation, in relation to children under the age of 16 being placed in 'other arrangements' placements. |
| Delegation of Authority to Foster Carers and Residential Workers | A new Section 7.4, Consent to Life-ending Withdrawal of Medical Support has been added, to reflect a High Court judgment. |
| Advocacy and Independent Visitors | This chapter has been updated. |
| Education of Looked After and Previously Looked After Children | This chapter has been revised. In Section 6, When a Child Needs or Joins a New School, information has been added on the School Admission Code. |
| Leaving Care and Transition | Section 6, Pathway Planning has been updated to note that, in relevant cases, immigration status should be included as a separate section on the Pathway Plan. This will help to ensure that young people who have been granted Pre Settled Status under the EU Settlement Scheme apply to convert this to Settled Status at the appropriate. Pathway Plans should contain clear information about what action needs to be taken by whom and when to ensure that the young person's right to remain legally in the UK is not jeopardised. |
| Responsibilities of the Local Authority to Former Looked After Children and Young People in Custody | This chapter has been updated to reflect the reunification of probation services. |
| Applications for Special Guardianship Orders | This chapter has been revised. In Section 12, The Special Guardianship Support Plan, information has been added on the School Admission Code. It has also been updated to reflect Practice Guidance on Special Guardianship published by the Family Justice Council (June 2020). See Section 6.2, Special Guardianship Applications in Care Proceedings and new Section 16, Special Guardianship Orders in International Cases. |
| New Chapters and Features | |
| Chapter Name | Details |
| Aftercare under Section 117 of the Mental Health Act 1983 | This chapter has been added to the manual. |
| Placements in Other Arrangements | This chapter has been added to the manual. |
May 2021
| Updated Chapters | |
| Chapter Name | Details |
| Children's Consultation and Participation | Information has been added regarding the Young Inspectors initiative for Torbay. |
| Assessments | This chapter has been updated in line with the new digital referral system for reporting potential victims of Modern Slavery. |
| Complaints and Representations | Information contained in this procedure has been reviewed and refreshed as required. |
| Children and Young People Aged 0-25 with Special Educational Needs and Disabilities | This chapter has been amended. Section 15, Resolving Disagreements has been updated to reference recent case-law holding that, as part of the mediation process, a parent/child/young person is entitled to bring along any supporter they wish, including a lawyer. |
| Direct Payments | A link to direct payments in Torbay has been added in Section 2, Who can get Direct Payments? |
| Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery | Further Information has been updated to include a link to Statutory Guidance Modern Slavery: How to Identify and Support Victims. It has also been updated to take account of the new NRM digital referral form to report Modern Slavery. |
| Families with No Recourse to Public Funds | This chapter has been extensively refreshed throughout but not as a result of legislative change. |
| Prevention of Homelessness and Provision of Accommodation for 16 and 17 Year Olds who may be Homeless and/or Require Accommodation; and Duty to Refer | This chapter has been updated to add a link to Joint Housing Protocols for Care Leavers: good practice advice (DfE and MHCLG) to support the development of joint protocols that can help local authorities to meet the accommodation needs of care leavers. (See Section 4, Housing Protocols for Care Leavers). |
| Placements in Secure Accommodation on Welfare Grounds | New Section 10, Use of Inherent Jurisdiction to Authorise a Placement Involving a Deprivation of Liberty When One or More of the Relevant Criteria Under Section 25 Children Act 1989 are Not Satisfied has been added. Section 6, Placements of Children under 13 Years has been updated following publication of revised DfE guidance. A revised link has also been added to Secure Children's Homes. |
| Notification by Other Local Authorities of Cared For Children Placed in Torbay | This chapter has been extensively refreshed throughout. |
| Notifications of Significant Events | This procedure has been updated to reflect the latest Ofsted guidance for social care providers on the types of incident which they consider to be serious and which will therefore require notification to the regulatory authority. It has also been updated to reflect revised guidance issued by Ofsted to Children's Homes Providers in August 2019. The revised guidance sought to clarify what is meant by a 'serious event' in relation to a child living in a Children's Homes with the aim of reducing the overall number of notifications made to Ofsted, and in particular reducing the number of repeat notifications made as a result of submitting additional / updated information. |
| Education of Looked After and Previously Looked After Children | This chapter has been updated to reflect changes from the revised Working Together to Safeguard Children. |
| Holidays and School Trips In and Outside the UK | This guidance has been reviewed and updated throughout. Section 2.3, Insurance Cover has been updated to include details of how to apply for a Global Health Insurance Card (GHIC) which provides access to reduced cost or free medical insurance in the EU, Iceland, Liechtenstein, Norway or Switzerland. Section 2.4, Obtaining a Passport has also been updated to link to reissued Home Office guidance for Local Authorities Children's Services Departments when Applying for Passports on Behalf of Children. |
| Leaving Care and Transition | This chapter has been updated with a link to Joint Housing Protocols for Care Leavers: good practice advice (DfE and MHCLG) to support the development of joint protocols that can help local authorities to meet the accommodation needs of care leavers. Additional content has therefore been added in a new Section 8, Joint Housing Protocols for Care Leaver as well as Section 7, Reviews of Pathway Plans and Section 13, Where Care Leavers Live or Move to a Different Local Authority Area. |
| Responsibilities of the Local Authority to Former Looked After Children and Young People in Custody | This chapter has been updated to reflect the Section 2.6 Care leavers leaving custody in Joint Housing Protocols for Care Leavers: good practice advice (DfE and MHCLG). (See Section 3.8, Planning for Release). |
| Responsibilities of the Local Authority to Former Looked After Children and Young People in Custody | This chapter has been updated to reflect the Section 2.6 Care leavers leaving custody in Joint Housing Protocols for Care Leavers: good practice advice (DfE and MHCLG). (See Section 3.9, Planning for release). |
| Assessment and Approvals of Foster Carers | A revised link has been added to Prepare for a review panel: adopters and foster carers. |
| Review and Termination of Approval of Foster Carers | A revised link has been made to Prepare for a review panel: adopters and foster carers. |
| Assessment and Approvals of Prospective Adopters | A revised link has been made to Prepare for a review panel: adopters and foster carers. |
| Access to Birth Records and Adoption Case Records | This chapter has been given a general refresh throughout and information added on applying for a copy of a birth certificate online. |
| New Chapters and Features | |
| Chapter Name | Details |
| Capacity and Consent | This chapter has been developed to offer guidance and highlight some of the issues to be considered. |
| Use of Social Media Sites by Social Care and Safeguarding Staff | This chapter has been developed to offer guidance and highlight some of the issues to be considered. |
| Storage of Data on Mobile Devices | This chapter has been developed to offer guidance and highlight some of the issues to be considered. |
