The Statutory Framework for

Short Breaks:

Care planning, child placement and case

review Regulations and Guidance

Peter M Smith

Social care adviser AHDC

Care Matters Reforms

• Care Planning, Placement and Case Review

Regulations and Guidance 2010

• Streamlining of legal framework for care leavers

and looked after children

• Fundamental aim to improve the experience of

looked after children

New guidance

• Opportunity to update and improve awareness of

law in relation to short breaks

• Short Breaks – Statutory guidance on how to

safeguard and promote the welfare of disabled

children using short breaks

Short breaks statutory

guidance

• http://www.education.gov.uk

/publications/standard/Early

Yearseducationandchildcare/

Page1/DCSF-00183-2010

• Short breaks and care very different, but

• Same legal framework (Children Act 1989 and

Children and Young Persons Act 2008)

• Some shared elements and questions

– Assessment, planning, intervention, review

– Is it good enough for my child?

– If it does not work, is there back up plan?

– Is it tailored to individual need?

Why change?

• Current regulatory requirements - a barrier to

expansion required by AHDC

• Disproportionate degree of regulation for lower

levels of overnight provision

• Short breaks are changing

• Widespread non-compliance

Brief reminder on law

• Primary legislation (Acts of Parliament) say what

LAs must do

• Regulations, called secondary legislation, also say

what LAs must do

• Statutory guidance says what LAs should do, they

may have to justify when they do not follow

guidance.

Proportionate approach

• Balance of ensuring vulnerable children are safeguarded without unnecessary intrusion in to family life

• Many children receiving breaks are not social services „cases‟

• There should be assessment proportionate to apparent level of need

• Consultation with children and parents are essential

A proportionate approachLow

Leve

l of N

ee

d

N.B. This diagram is purely illustrative

Assessment

Self Assessment or CAF

Initial assessment

Core assessment

Type of service

Access to universal services

Local offer

Targeted services

Low level of overnight short breaks

Regular overnight short breaks in the same setting

High level of support, substantial overnight short breaks

Measures to safeguard

Many services are registered, with some quality assurance, with Ofsted or LA

Child in need plan

Child is looked after – but with lower level planning requirements

Full Looked After Child planning requirements apply

Legal status

Not a ‘social care’ case

Child in need - S.17

Child provided with short breaks accommodation S.17 (6)

Looked after children provided with short breaks under S.20 (4), where regulation 48 applies

Looked after child provided with short breaks under S.20 (4) where regulation 48 does not apply

Low

High High

Legal Framework for Short Breaks

Legal Framework for Short

Breaks

Local offer

• Short breaks increasingly in the community

• No specific social care assessment

• Welfare promoted and safeguarded by parents and

usually registration of service provider

short break plans for all

children in need (1)

1. Have clear and realistic objectives

2. Include ascertainable wishes of child and family

3. Follow consideration of options, including but

not limited to direct payments

4. State nature and frequency of services, as far as

is practicable including health and social care in

the same plan, especially if short breaks are

provided from different agencies

5. State communication methods, clinical needs,

risk assessment including moving and handling,

dietary requirements, behaviour management,

6. State contact arrangements for emergencies

7. State commitments of professionals involved

short break plans for all

children in need (2)

Short break plans for all

children in need (3)

8. Refer to or summarise any other important

documents about the child‟s development

9. Confirm those caring for the child have been

selected following the advice in paras 143 to 156

in the guidance on direct payments (september

2009)

10. Outline arrangements to review the plan

Accommodation- which

section?

• New statutory guidance about whether sec 17(6)

or 20(4) of Children Act 1989 should be used .

This revises LAC 2002(13)

• Will LAC status lead to better outcomes or is

Children in Need process sufficient

Section 17 or 20?

If a child is provided with accommodation under section 17(6)

• The child is not looked after

• The care planning regulations do not apply (and therefore there is no requirement to appoint an IRO)

• A child in need plan is required in accordance with the framework for the assessment of children in need

• It is good practice that reviews should be at least every 6 months or more often if required

Section 17 or 20?

If a child is provided with accommodation under

section 20(4)

• Child is looked after and so IRO is appointed

• CPPR Regs apply, more rigorous requirements

regarding visits, reviews, and planning

Considerations on section 17/20 (1)

1. Particular vulnerabilities of the child, including

communication method

2. Parenting capacity of the parents

3. The length of time away from home and the

frequency of such stays, the less time the child

spends away from home the more likely it is to be

appropriate to provide accommodation under

section 17(6)

4. Whether short breaks are to be provided in more

than one place

Considerations on section 17/20 (2)

5. Potential impact on child‟s place in the family

and on primary attachments

6. Observation of child (especially non-verbal children) during or immediately after the break by person familiar with mood and behaviour of child (parent, school staff)

7. Views of the child and views of parents. Some young people and parents may be reassured by and in favour of the status of a looked after child. Other young people and parents may resent the implications and associations of looked after status

8. Extent of contact between short break carers and family and between child and family during the placement

9. Distance from home; and

10. The need for an independent reviewing officer (“IRO”) to monitor the child‟s case and to chair reviews

Considerations on section 17/20 (3)

No easy answer

• There is no prescription that children provided with accommodation for a certain length of time should be section 17.

• There is no alternative to an assessment of particular needs of child and family

If section 20 (4), Reg 48

may apply…

• Regulation 48 sets out planning requirements for series of short breaks for children in need (not just disabled)

• No single episode to last longer than 17 days

• No more than 75 days in every 12 months

• Any longer periods full LAC applies

Series of short breaks

section 20(4)

• Purpose of Regulation 48 is to reduce unnecessary

administration.

• The easements apply only if the child is provided

with accommodation in a pre-planned series of

short breaks in the same place.

If Regulation 48 then…

• Modified planning arrangements apply and there

must be a short break care plan addressing those

issues key to the safe care of the child

• An IRO must be appointed

• The child‟s case must be reviewed within 3

months of the start of placement and then at

intervals of no more than 6 months

• the first visit must take place within 15 days of

placement or as soon as practicable thereafter.

Subsequent visits must be at intervals of no more

than 6 months

Short break care plan (1)

Short break care plan to address

• The child‟s health, emotional and behavioural

development and details of any disabilities,

clinical needs and medications the child may have,

so that those caring for the child may do so safely

and sensitively

• The child‟s specific communication needs

Short break care plan (2)

• Arrangements for contacting the parents as

necessary

• The child‟s likes and dislikes with particular

regard to leisure interests; and

• How the carers, as appropriate, promote the

child‟s educational achievement.

Short break care plan (3)

• Plus short break care plan should include some of what is required in placement plan. There is no requirement for separate placement plan.

• The type and address of the accommodation and the name of the person responsible

• How long the arrangement is expected to last and steps to take to end or change the arrangements

• Relevant aspects of the child‟s history and information about his religious and cultural background and how such matters affect the child‟s daily routine

Short break care plan (4)

• Any delegation of parental responsibility to the

responsible authority or to those who have care of

the child, for example in the case of medical

emergency for a child with complex health needs,

or participation in specific activities

• Financial arrangements for the placement; and

• When the child is placed with a person who is

approved as a local authority foster parent,

confirmation of the foster care agreement

Higher levels of breaks

There will be some children whose package of short breaks will be such that their welfare will be best safeguarded by being a looked after child:

• Who have substantial packages of short breaks sometimes in more than one setting;

• Where there are lower levels of contact between the child and family; and

• Where family resources are very stretched.

• In such cases, in consultation with parents, the local authority may decide to accommodate the child under section 20(4). (Parents can remove the child from the accommodation at any time.)

Short break settings

• Refers to the different registration requirements and

inspection standards which apply to the different

settings where short breaks might take place

• Clear that “an approved foster carer is the most

appropriate person to provide overnight

accommodation care, away from the child‟s home.”

• Clarity on childminders “it is not appropriate for the

local authority to provide overnight accommodation

with childminders who are not also approved foster

carers”

Concluding messages (1)

• Sets out the statutory framework for the provision

of short breaks in one place

• Emphasises the importance of assessment,

planning and review to safeguard and promote the

welfare of children in need

Concluding messages (2)

• Specifically addresses issues of disability, risk

assessments, communication needs, carers

assessments

• Recognises the central role of families and

consultation with children and their carers