4.10.13 Safeguarding Children Placed for Adoption and Children |
SCOPE OF THIS CHAPTER
Children placed for adoption and those children receiving adoption support services should be provided with the basic safeguards against abuse, founded on an approach which promotes their general welfare, protects them from harm of all kinds, and treats them with dignity and respect. The following legislation, guidance and regulations contain specific requirements on safeguarding and child protection where children are placed for adoption or are receiving adoption support services:
- The Local Authority Adoption Service (England) Regulations 2003
- The Local Authority Adoption Service (England) (Amendment) Regulations 2005
- Adoption Agencies Regulations 2005
- The National Minimum Standards for Adoption for Local Authority Services in England
- Care Standards Act 2000
These procedures should be read in conjunction with Bedfordshire and Luton LSCB Safeguarding Procedures and Luton Borough Council and Bedfordshire LSCB procedures in respect of Managing Allegations against Staff, Carers and Volunteers working with Children and Young People 2008.
Contents
Introduction
These procedures are intended to safeguard from abuse and neglect children placed for adoption by Luton Borough Council and children receiving adoption support where it is believed that the prospective adopter or adopter may have:
- behaved in a way that has harmed a child or may have harmed a child
- possibly committed a criminal offence against or related to a child
- behaved towards a child or children in a way that indicates s/he is unsuitable to care for a child
Section 1 - sets out procedures for the management of enquiries and investigations into allegations that a child placed for adoption has suffered, or is at risk of suffering, significant harm due to the actions or in-actions of a prospective adopter or member of their household.
Section 2 - outlines procedures for responding to concerns or allegations in respect of children receiving adoption support services
Section 3 - sets out procedures for responding to concerns and/or allegations about prospective adopters awaiting placement
Section 4 - refers to managing allegations of historical abuse.
For allegations in respect of children placed for adoption where the allegation is not against the prospective adopter or a member of their household, Bedfordshire LSCB Safeguarding Procedures 2006 should be followed and the child's social worker and the adoption social worker should be fully engaged in the enquiries/investigation.
The Allegations Procedure outlined below applies in the event of any allegation where a child is placed for adoption where;
- the prospective adopter is approved by Luton Borough Council, and;
- all prospective adopters living in Luton, including those approved by other adoption agencies, where children are placed for adoption.
Any allegation that a child placed with prospective adopters in Luton has suffered, or is at risk of, suffering Significant Harm at the hands of their carers will be referred to Luton's Children's Social Care and dealt with in accordance with the procedure below.
In those circumstances where allegations involve prospective adopters approved by Luton but resident elsewhere and allegations against carers approved by other adoption agencies who live out of Luton, but with whom Luton children are placed, it is the responsibility of the Local Authority in whose area the prospective adopters live to investigate any allegation of harm under their own safeguarding procedures.
In addition it is the responsibility of the authority where a child is resident to follow up any concerns allegations in respect of that child However the relevant Local Authority will wish to work alongside the child's Luton social worker and team manager and the adoption social worker to investigate the concerns and or allegations in those circumstances where this is appropriate.
Whenever a concern or allegation is made regarding prospective adopters where a child is placed for adoption in another local authority area there should be a prompt referral to that authority for enquiries to be made into the concern and /or allegation.
All necessary steps should be taken by the child's social worker and the placing authority to ensure that the procedures set out in this document are mirrored in the other authority area and robustly progressed to a managed conclusion, which ensures the safety and protection of the child and a timely and effective response to the concern/allegation.
In relation to the concerns for the investigation of possible serious breaches of standards each Adoption Agency has its own service standards in addition to those set out in the Regulations and National Minimum Standards. Adoption Agencies conducting an investigation into a concern or complaint under their own procedures should be mindful of the possibility that a child has been harmed and that a child protection referral may be necessary.
Definitions
Luton prospective adopter(s) refers to all prospective adopters living in Luton, whether approved by Luton Borough Council, another local authority or an independent Adoption Agency. This also includes those adopters, who whilst resident in Luton, only have children placed by other local authorities. In addition it includes those receiving adoption support services
Luton Local Authority prospective adopter refers to those prospective adopters approved by Luton Borough Council.
1. Allegations Procedure
Any concern that a child placed for adoption in Luton may be suffering, or is at risk of suffering ill treatment, due to the actions or in-actions of a prospective adopter will be treated as allegations of significant harm pending further enquiries.
Suspicions that a child is or has been:
- neglected, (e.g. insufficient clothing, inadequate supervision or diet),
- sexually abused ( e.g. inappropriate touching)
- emotionally abused (e.g. taunted, constantly criticised, ignored or belittled)
- physically abused (e.g. assaulted, bruised, burnt}
will be dealt with under Luton's Safeguarding procedures. Concerns that a child has been hit, smacked, handled roughly, or subject to severe punishment will also be treated as child protection matters.
Allegations may come from a variety of sources; an accusation that a child is, or has been, mistreated by a carer may be made by a child, a parent, a member of staff, another carer, or anyone else. Concerns about significant harm may arise as the result of a single event, observation or accusation, or a number of events which, individually, might not be seen as significant but collectively constitute harm.
Complaints About Prospective Adopters
Complaints may be made about a prospective adopter's actions or behaviour, by a child or member of the public. Complaints will be dealt with under the Social Care Complaints Procedure as governed by the Children Act 1989,
Representations Procedure (England) Regulations 2006. Eligible complainants should be informed of their rights under the Children's Services Complaints procedure and given a copy of the leaflet 'Comment, Compliment, Complaint'. Alternatively in the case of other Adoption Agencies a complaint will be responded to according to the Adoption Agency's own complaints procedure as appropriate
Matters investigated under the Allegations Procedures may also constitute a complaint. Regulation 8(3) of the Children Act 1989, Representations Procedure (England) Regulations 2006 refers to 'concurrent consideration' and enables a Local Authority to give written notice to the complainant that the matter will be dealt with under disciplinary proceedings or is the subject of a criminal investigation. However the complainant is entitled under Regulation 8(4) to resubmit the representation once disciplinary proceedings or a criminal investigation is concluded. It is important that the need to inform the complainant about the outcome is not overlooked at the conclusion of an investigation.
The Children's Services Complaints Procedure or another Adoption Agency's Complaints Procedure may also be used where an investigation under the Allegations Procedures has not covered all the issues raised by a child or young person.
Referral and Immediate Response
Any person who is concerned about the welfare of a child placed for adoption should contact Luton Children's Social Care directly.
Any person to whom an allegation or concern is first reported should treat the matter seriously and keep an open mind.
He/she should not:
- investigate or ask leading questions if seeking clarification
- make assumptions or offer alternative explanations
- promise confidentiality, but give reassurance that the information will only be shared on a 'need to know' basis.
Any professional receiving such information should report to their line manager (senior manager) at once.
The senior manager should not investigate the matter. He/she should:
- obtain written details of the concern/allegation, signed and dated by the person receiving (not the child/adult making the allegation)
- record any information about times, dates and location of the incident(s) and names of any potential witnesses and
- ensure that the following people are notified immediately:
- the child's worker and team manager
- the prospective adopters social worker and Team Manager Adoption
- the Team Manager (Senior Manager) of the Adoption agency with which the adopter is approved if other than Luton Borough Council.
Luton Borough Council Authority Prospective Adopters
The child's Team Manager and the Team Manager Adoption will within one working day, contact Luton's Local Authority Designated Officer.
The Team Manager Adoption will:
- consult immediately with the Service Manager for Children in Care , and notify the Head of Service.
Prospective Adopters Resident in Luton but Approved by Another Adoption Agency
For children placed by Luton Children's Services, the child's Team Manager and the Designated Senior Manager of the Adoption Agency will, within one working day, contact Luton's Local Authority Designated Officer. The Local Authority Designated Officer will decide whether on the information available the matter should be investigated under the Allegations Procedures. In reaching a decision, the Local Authority Designated Officer will be guided by the definitions of allegations and concerns set out above. The procedures as set out below in respect of the actions of the Local Authority Designated Officer will then be followed.
The child's Team Manager is responsible for alerting the placing authorities of any other children in placement immediately.
If another Local Authority has placed the child in Luton, the responsible authority should contact Luton's Local Authority Designated Officer who will consult with the relevant senior officer of the placing authority.
If the concern relates to a prospective adopter for a voluntary adoption agency and it is not clear who should be notified the Local Authority Designated Officer and Ofsted should be contacted.
Actions by the Local Authority Designated Officer
There are up to 3 strands in the consideration of an allegation:
- A police investigation of a possible criminal offence
- Social care enquiries and/or assessment of whether a child is in need of protection
- Consideration of disciplinary action
On receipt of a referral the Local Authority Designated Officer and the Team Manager Adoption should consider first whether further details are needed and whether there is evidence that the allegation is false or unfounded.
If the allegation is not demonstrably false and there is cause to suspect that a child is suffering or likely to suffer significant harm, the Local Authority Designated Officer should refer to the child's social worker (LAC) and convene an immediate Strategy Discussion.
The Local Authority Designated Officer will be responsible for convening of a strategy meeting within 48 hours or sooner if in consultation with the child's team manager and the carer's team manager, the Local Authority Designated Officer considers that there is a need for urgent action via an immediate strategy discussion on the same day.
If the Local Authority Designated Officer decides that the matter does not meet the threshold for investigation under the Allegations procedure (significant harm, or the risk of significant harm) but does constitute a serious breach of standards:
- the Team Manager Adoption will immediately consult the Service Manager for Children in Care for advice on how to proceed.
- For adopters approved by a voluntary adoption agency, the Local Authority Designated Officer will discuss with the agency the feasibility of using its own internal procedures.
In either case the Team Manager Adoption should ensure that a regular report on progress, at least once every 2 weeks, is made to the Local Authority Designated Officer.
All participants will keep a record of the action they have taken, and, if appropriate, the reasons for any decisions made at this stage. A record will be placed on the child and the prospective adopters files.
The initial decision to invoke the Allegations Procedure should be open to review in the light of further information. If, at any stage of the investigation, it appears that a matter initially viewed as a concern is more properly dealt with as an allegation, or conversely, the worker responsible for the matter should seek guidance from the Local Authority Designated Officer.
Strategy Meeting and Subsequent Enquiries
Following the actions outlined above the Local Authority Designate Officer will convene and chair a complex strategy meeting to consider the need for any action to :
- safeguard the welfare of the child concerned, any other children living in the household, or with substantial contact with the carer(s) including the carers children;
- arrange for a medical to be undertaken if needed
The following should always be invited:
- The child's social worker
- The allocated social workers team manager
- The worker or manager for any other child currently placed with the prospective adopters.
- The adoption social worker
- The Team Manager Adoption
- The Police Child Protection Investigation Unit
The following may also be invited:
- A professional with substantial knowledge of the child, e.g. a health worker or therapist
- A representative from the child's school
Consideration should also be given as to the need for a social worker other than the child' s allocated social worker should be invited. This will be necessary in cases where it is considered appropriate for a worker from another team to conduct any subsequent enquiries/ investigation on account of the circumstances of the allegation, and/or the need for a suitably trained worker to conduct the enquiries/investigation.
If it is felt necessary to remove, or prevent the prospective adopters from having contact with, a child or children, the participants will agree what information can be shared at this stage with the child(ren), their parents, and the prospective adopters involved and who will do this. Consideration should be given to any specific communication needs and if necessary interpreters provided.
The Local Authority Designated Officer will ensure the strategy meeting is recorded and circulated to all involved.
A worker should be identified to inform the prospective adopters of the support available to them. If the concerns are considered so significant, consideration as to the need to obtain a Police Protection Order will need to given. If the threshold for a Police Protection Order is not met but consideration needs to be given as to whether the child remains in the household or notice should be served on the placement, legal advice should be sought immediately. If the child is to be moved, then clarification should be sought on what explanation should be offered to the new carers for the change of placement.
The strategy meeting should also consider if an immediate referral to PoCA / POVA / Independent Safeguarding Authority is required as set out in the 'Safeguarding Vulnerable Groups' Act.
The advice of the Local Authority Designated Officer should be sought in such circumstances
Preparation for the Strategy Meeting
The child's social worker will ensure that the following information is available to the strategy meeting:
- The full name and date of birth of the child or children
- Whether the child has any special needs, communication difficulties, or uses a language other than English
- How long the child has been in the placement
- Significant recent events in the child's life
- Details of any other worker closely involved with the child
- The date the child was last seen by the worker and the circumstances
- Any previous concerns the worker has had about the prospective adopters and what action was taken
- Details of the child's own family members, particularly those with parental responsibility
- The child's legal status and whether an adoption application has been filed with the court.
If there are other children in placement, then their worker or manager will also prepare the information outlined above.
The adoption social worker and their manager will ensure that the following information is available to the strategy meeting:
- Full name, address and date(s) of birth of the prospective adopter(s)
- Whether the prospective adopter(s) work or have worked with children in either a paid or voluntary capacity
- Full names and dates of birth of any other members of the household
- Date of approval, and dates of Reviews
- Details of children currently placed and their workers
- Details of other children living in the prospective adopter's household or who have significant contact with the prospective adopter(s)
- A list of all the names of all children previously placed with the carers where applicable and their dates of birth.
- A summary of any previous concerns or allegations concerning these prospective adopter(s) and their outcomes as recorded on the file.
Managers in conjunction with the Local Authority Designated Officer should consider the need for a media strategy and who will be responsible for this in accordance with the specific case and should alert the Head of Service to any such requirements.
Decision to Proceed With Section 47 Enquiries
The purpose of a strategy meeting is to consider, whether in the light of the information available at the time, it is possible that the child (ren) may have suffered, or be at risk of suffering, significant harm.
If this possibility cannot be ruled out then child protection enquiries under Section 47 of the Children Act 1989 must take place and those present at the meeting will need to plan how the enquiries should proceed. The team manager for the child will attend the strategy meeting and will be responsible for arranging for a social worker to conduct the section 47 enquiries, in cases where it is decided that a social worker other than the child's social worker should undertake these enquiries, it needs to be clear which manager is responsible for managing the section 47 enquiries, The possibility of a criminal investigation should be explored, and decisions taken about whether the scope of enquiries should include other children the prospective adopters have cared for. It is important that, without prejudice to the investigation, the support and communication needs of both the child (ren) and the prospective adopter(s) should be considered.
Careful planning will be needed to ensure that the child and the prospective adopter(s) are given information as quickly as possible about what is happening. Those present at the strategy meeting will also need to consider what information the police record as it may be disclosed for Criminal Records Bureau checks on the carer in future. It is especially important that if the police attend the first strategy meeting but are not involved in subsequent enquiries, that the police are given accurate information on the outcome of enquiries.
Time-scales for the enquiries must be established which take into account the distress caused to a child and the prospective adopter(s) by delays and uncertainty. Whilst it is rarely possible to predict how long enquiries may take, a date for further strategy/enquiry planning meeting or, if possible an outcomes meeting should be set for within 15 working days. Where available information about the allegation is limited and a clarification interview is planned, a further review meeting should be arranged at the Strategy Meeting.
Decision not to Proceed with Section 47 Enquiries
If it is considered that the concerns/allegations do not meet the threshold for significant harm, then the reasons for a decision not to proceed with section 47 enquiries must be recorded by the Local Authority Designated Officer and copied for the child and the carer's files. Any decision and consequent action to further explore the concerns or issues raised should also be recorded.
Informing the Prospective Adopter(s)
Unless otherwise advised by the police to avoid prejudicing a criminal investigation, the prospective adopter(s) should be informed as soon as possible after the strategy meeting if not already aware of the allegation. Prospective adopter(s) should be given the following information, both verbally and in writing in their preferred language.
Informing the Child's Parents
Consideration should be given at the initial and subsequent strategy meeting as to whether when and how the child's parents should be informed of the concerns and the response to the concerns. A written record of all decisions should be maintained on the child's file signed by the child's team manager.
Where Enquiries are not Continuing
Where no further action is proposed under this procedure, it is the joint responsibility of the child's team manager and the Team Manager Adoption to inform the prospective adopter(s) in writing of the details of the allegations. Prospective adopter(s) should be given a copy of the papers that will be placed on their file, and invited to make written representations if they wish. Where further exploration as a concern is planned, this should be clearly explained to the prospective adopter.
Where Enquiries are Continuing
It may not be possible to share full details of the allegations or concerns at this stage, as it is likely that the social worker conducting the section 47 enquiries and /or police will need to conduct a formal interview. However, unless the police advise otherwise, the Team Manager Adoption should ensure that prospective adopters are informed both verbally and in writing about:
- the process of the enquiry and why it is taking place;
- the time-scales agreed at the strategy meeting in respect of s 47 enquiries and what will happen next.
- the reasons for the removal of children, if applicable; If immediate removal of the child is indicated, Leave of the Court will be required if the prospective adopter has already applied for an Adoption Order but not acquired it;
- when, where and by whom interviews will be conducted;
- advice to obtain legal representation if interviewed by the police and information on legal representation
- contact details for independent support from Adoption UK
- the information and support needs of the prospective adopter(s) own children should be discussed and recorded.
All information supplied should be confirmed in writing in the prospective adopter(s) preferred language following verbal discussion.
Informing the Child
Where the alleged victim has made the allegation(s) under investigation, as well as ensuring protection from future harm, it is important that he or she is informed of what actions have been taken in response to his/ her concerns. Normally responsibility for keeping the child informed will fall to the child's social worker. In all circumstances the child has the right to know the outcome of any enquiries and/or investigation.
Section 47 Enquiries
Wherever possible, the social worker conducting the section 47 enquiries and /or their team manager should attend the strategy meeting.
The social worker where this is not the child's social worker should meet with the child's worker to consider:
- The child's history, with particular reference to any known or suspected previous abuse or allegations
- The child's placement history and current placement, including any particular problems previously identified
- The child's preferred method of communication and how best to conduct the interview.
The social worker should also meet the prospective adopter(s) social worker to consider:
- The prospective adopter(s) experience, strengths and weaknesses
- Relevant Information about the prospective adopter(s) family
- The prospective adopter(s) use of support
- Any problems previously identified with the placement of the child(ren) concerned.
- The prospective adopter(s) preferred method of communication and how best to conduct the interview.
Following these preliminary enquiries the child should be interviewed as soon as possible. In some circumstances this may be a joint interview with the police. Where the police are not involved, a full written record should be made of this interview and a copy sent to the child's Team Manager, the Team Manager Adoption and the Local Authority Designated Officer.
The prospective adopter(s) should also be interviewed by the investigating officer(s) as soon as possible after the above enquiries have been completed. It is important that interviews of both the prospective adopter(s) and the child are conducted by the same investigating officer(s).
Where the enquiries are being conducted jointly with the police, information about the nature of the allegations will be withheld from the prospective adopter(s) unless the police consent to disclosure.
The conclusion of the police investigation will not necessarily end Section 47 enquiries by Children's Social Care. However the investigating social worker will, when the police consent, inform the prospective adopter(s) of the outcome of the police investigation and what will happen next.
Where the police are not involved in the enquiries, a full written record will be made of the interview and the prospective adopter(s) responses. Prospective adopter(s) should be encouraged to provide all information they feel will assist in making their case. The prospective adopter(s) should be invited to make a written response to the investigating social worker if they wish to do so. If such a submission is received, the investigating social worker will ensure a copy is sent to the Local Authority Designated Officer and the child's and the Team Manager Adoption.
It is the responsibility of the investigating social worker to keep the Local Authority Designated Officer and the child's and adoption team managers updated about the progress of the investigation. The Team Manager Adoption will need to ensure that the prospective adopter(s) is kept informed of events.
The Local Authority Designated Officer is responsible for ensuring that enquiries are concluded within the time-scales set out at the strategy meeting. If a delay is unavoidable due to the need to gather further information, or to widen the scope of the investigation, then the reasons for the delay should be recorded. The Team Manager Adoption will keep the prospective adopter(s) informed of the timetable of the investigation and any necessary delays. The Local Authority Designated Officer should immediately set a revised date for the Outcomes Meeting and ensure all parties are notified.
Decision not to Pursue Enquiries
If it appears that the evidence does not support the continuation of enquiries under this procedure, then the Local Authority Designated Officer and other participants in the strategy meeting should be informed immediately. The Local Authority Designated Officer will make a decision about whether an Outcomes Meeting should be held in these circumstances.
The ending of section 47 enquiries will not necessarily conclude the investigation as there may still be serious issues that require exploration under the procedure for managing concerns about the prospective adopter(s) practice. The Local Authority Designated Officer and the Team Manager Adoption should be consulted and a decision made as to whether the circumstances warrant further exploration.
Information gathered by Children's Social Care in the course of making the decision about whether to proceed with a S.47 enquiry should be made available for use by the Luton Borough Council Children's Services or any other Adoption Agency in relation to implementing its own procedure, unless there are restrictions applied by the police.
Concluding Enquiries
The investigating social worker officer should prepare a written report to include details of the allegation or concern, the enquiries undertaken and his or her findings taking account of any issues of consent for disclosure. If time-scales have slipped the reason for the delay should be recorded in the report. The prospective adopters should also be encouraged to make a written submission in advance of the Outcomes Meeting.
The report must be distributed at least 7 working days before the Outcomes Meeting to those who will attend. The investigating social worker and the Team Manager Adoption and the adoption social worker will arrange to visit the prospective adopter(s) to discuss the report's contents. The prospective adopter(s) should be reminded of the date of the Outcomes Meeting and invited to attend with a supporter if they wish. If the prospective adopter(s) does not wish to attend he or she should be invited to make a further written submission.
Children placed for adoption and not yet adopted are looked after children. However, they are placed under adoption agency regulations and legal action to remove a child is dependent upon their legal status in relation to the Adoption and Children Act 2002, whether an adoption application has been made or whether the child is subject to transitional arrangements under the Adoption Act 1976. Legal advice must always be sought specifically in relation to adoption status when considering removal of a child placed for adoption within a child protection investigation.
Outcomes Meeting
At the conclusion of the section 47 enquiry into allegations against prospective adopters, it is good practice for the chair of the strategy discussion to call a further strategy meeting to conclude the investigation and agree final outcomes. This will ensure that links are made between the Section 47 enquiry, the needs of the children and adults concerned, and any action to be taken by the Adoption Service/agency in relation to its own procedures.
Where a criminal investigation is in progress an Outcomes Meeting can be conducted unless legal advice is received that it should not.
All those who attended the initial strategy meeting should attend plus the prospective adopter(s) and their representative, and the investigating officer(s). Consideration should be given, where appropriate, to whether a legal advisor should be invited to attend, or if not, whether legal advice should be sought in advance of the meeting.
If the prospective adopter(s) wish to have their own legal representation, then the chair of the meeting should clarify roles at the start of the meeting. The Team Manager Adoption or alternatively the Service Manager for Children In Care will chair the Outcomes Meeting. If, in the opinion of the Chair, the investigation is not concluded, and further evidence may be available, the Chair should defer the Outcomes Meeting for a maximum of 15 working days.
The Chair is responsible for ensuring a written record of the Outcomes Meeting is made. A copy of will be sent to the child's and adoption Team Managers. The reasons for non-attendance of any invitees should be recorded.
Participants in the Outcomes Meeting should have copies of the records of interviews conducted by the investigating officer and his or her report. The prospective adopter(s) should also have copies of all papers that will be placed on their file, unless third party rights of confidentiality would be breached by the disclosure.
The Outcomes Meeting must consider, irrespective of the outcome of any police enquiry, whether there is reasonable cause to suspect the child has, or is likely to, suffer significant harm and arrive at one of the following determinations concerning the allegation:
- Proven (supported by evidence and found to be true) with risk of continuing harm if child remains in placement
- Proven (supported by evidence and found to be true) with no risk of continuing harm if child remains in placement
- False (evidence shows it to be untrue)
- Unsubstantiated (the available evidence is insufficient to show it to be true or false)
All professionals attended the meeting will be asked by the Chair to give their opinions concerning the appropriate determination. The outcomes meeting may also make recommendations for further actions.
A recommendation for referral to PoCA/ POVA and the Independent Safeguarding Authority will be referred to the Local Authority Designated Officer and the Service Manager for Children in Care for consideration. Unless otherwise advised by the Local Authority Designated Officer, the Service Manager for Children in Care will make a referral to POCA within one month of such a recommendation.
The meeting should determine what information should be given to all those affected by the enquiry, including parents, and identify who should do this, and what records will be kept on the files of the child(ren) and carer. The meeting should identify who will ensure that the police are updated where necessary.
The Outcomes Meeting should also consider whether there are lessons arising and whether it should make general recommendations for improvement in policy or practice.
The Review Manager for the child should also be informed of the outcome of the enquiries and the Outcomes meeting. The possibility of an early LAC review should be considered at the point.
The adoption social worker should prepare a memo for the Adoption Panel setting out the relevant information.
Appeals Against the Decision of an Outcomes Meeting
Any party to the Outcomes meeting can request a further meeting to consider substantial new evidence. Such a request should be made to the Local Authority Designated Officer. Prospective adopter(s) who wish to appeal against the decisions of an Outcomes Meeting should be informed that a further meeting will not be held unless there must be evidence that procedures were not been followed correctly, or significant new information has come to light. Prospective adopter(s) should be advised to use the Complaints Procedure if they are not satisfied.
If an Allegation is Subsequently Withdrawn
If it comes to light at any stage that an allegation investigated under this procedure has been withdrawn, enquiries are needed to ascertain that the withdrawal is genuine. In all cases the worker for the child must ensure that this information is passed on to the Team Manager Adoption for the prospective adopter(s) so that a record is made on the prospective adopter(s) file.
Evaluation Meeting
Prospective adopter(s) should be offered an Evaluation Meeting with their adoption social worker after a decision has been made about the plans for the child in placement following an investigation. The Team Manager Adoption or another Manager might also participate if appropriate. The Evaluation Meeting provides an opportunity for the prospective adopter(s) and the adoption service to consider:
- the impact of the investigation on the prospective adopter(s) and their family,
- the conduct of the investigation and its outcomes
- clarification of any remaining uncertainties about the plan for the child or the consequences of the investigation for the future
- any risk management plan or training plan in place and how this will be monitored and reviewed
- any support needs the prospective adopter(s) or their family may have.
Where the prospective adopter(s) considers it inappropriate for the prospective adopter(s) own children to be present, a separate meeting with the children may be arranged if it would be helpful.
A written record of the meeting should be sent to the prospective adopter(s) and a copy placed on their file.
Minor Concerns About Standards of Care
Questions may arise concerning the care provided to a child, or a possible breach of the standards expected of prospective adopters. These may include issues related to discipline methods, hygiene standards, confidentiality, or level of supervision.
Minor issues should be dealt with promptly and as part of supervision but should be recorded on the prospective adopter(s) file and the child's file.
Where a child's worker has initiated the concern, he or she should send a report of the concern to the adoption social worker and the Team Manager Adoption. The report should be used to record how the matter was addressed and a copy given to the prospective adopter.
Follow up and Recording
The Team Manager Adoption should ensure that all appropriate papers are placed on prospective adopter(s) file and that the prospective adopter(s) file is updated with the final outcome. He or she should confirm that no confidential information concerning third parties is left on the prospective adopter(s) file. Prospective adopter(s) will want to ensure that records are accurate, fair, and include their own views.
The Team Manager Adoption will, in discussion with the adoption social worker consider the support needs of the prospective adopter(s) and family, and make arrangements for this to be provided where appropriate as part of an adoption support plan.
The Team Manager(s) for the child(ren) will ensure that the records contained on the child's file are accurate and complete, that the outcome is recorded and that any confidential information concerning the prospective adopter(s) is removed. The Team Manager(s) for the child(ren) will also consider how the child should be informed about the outcome, whether therapeutic or other support is needed, and if appropriate liaise with the Complaints Officer about any outstanding complaints.
References and CRB Checks
Prospective adopter(s) should be informed that information about any investigation under the Allegations or Concerns procedures would be disclosed as part of a reference for future work with children in any capacity. If the matter was dealt with under the allegations Procedure it may also be disclosed in the course of a CRB Check.
Contact With Ofsted
The following arrangements are in place to enable those who may need to, to contact Ofsted regarding any concern about child welfare or safety.
- Children are supplied with Ofsted contact details in the 'Children's Guide'. In addition this information is given to all prospective adopters, in the leaflet on Adoption Support Services.
- Staff employed within the Adoption Service are supplied with information about how and when to contact Ofsted.
2. Procedures for Responding to Allegations in Respect of Children Receiving Adoption Support Services
In response to an allegation in relation to an adopted child in receipt of adoption support services, enquiries should be made in accordance with Bedfordshire and Luton LSCB Safeguarding Procedures The initial allegation should be referred to the Intake and Assessment team for the allegation to be investigated. The adoption support social worker should be informed, consulted and involved at every stage of the investigation as appropriate.
In addition it is the responsibility of the authority where a child is resident and receiving adoption support services to follow up any concerns allegations in respect of that child.
Whenever an allegation regarding an adopted child who is receiving adoption support services from Luton Borough Council but lives in another local authority there should be a prompt referral to that authority for enquiries to be made into the allegation. However the relevant Local Authority will wish to work alongside the child's Luton social worker and team manager to investigate the allegations.
Whenever it becomes apparent within section 47 enquiries that a child subject to an allegation is adopted, consideration should be given as to whether it is appropriate to involve adoption support services and at what stage. As a guide, adoption support services should be used to address any aspect of need, which relates specifically to adoption and may also provide advice to professionals on aspects of adoption. The team manager responsible for the case should discuss the appropriateness of involving the adoption support team with the adoption team manager. Adoption support services cannot be used to lead on a formal protection plan. Hence if the threshold for significant harm is met a child protection conference will be convened and a child protection plan put in place if appropriate.
3. Procedures for Responding to Concerns and/or Allegations about Prospective Adopters Awaiting Placement
In response to a reported concern and/or allegation about a prospective adopter prior to the placement of a child for adoption enquires should be made in accordance with Luton LSCB Safeguarding Procedures 2006 and Luton Borough Council and Luton LSCB procedures in respect of managing allegations against staff, carers and volunteers working with children and young people 2008.
All such enquiries/investigations should be in consultation with the adoption social worker for the prospective adopters and the Team Manager Adoption. This is likely to involve the adoption social worker for the prospective adopters and the Team Manager Adoption attending and contributing to strategy meetings and assisting with any enquiries or investigations as appropriate.
In addition the procedures outlined above in Section 1 in relation to an outcome meeting, a review of approval and an evaluation meeting will need to be followed as appropriate to the needs of the case and the nature of the concerns. The Adoption Panel will need to be informed of events and if termination of approval is recommended and prospective adopter(s) are not in agreement with this the case will need to be referred to the Adoption panel.
4. Historical Abuse
Adults occasionally disclose experiences of abuse, which they perceive constitutes significant harm when they reach adulthood.
Organisational responses to allegations by an adult of abuse experienced, as a child must be of as high a standard as a response to current abuse because:
- There is a significant likelihood that a person who abused a child/ren in the past will have continued and may still be doing so:
- Criminal prosecution may be possible if sufficient evidence can be carefully collated.
Response
When an adult discloses childhood abuse, the professional receiving the information should record the discussion in detail. If possible, the professional should establish if the adult has any knowledge of the alleged abuser's recent or current whereabouts and contact with children.
In view of the potential continuing risk the alleged abuser may pose to children, the professional should make a referral to Children's Social Care
The social worker receiving the referral should seek sufficient information to develop a chronology, and all records must be dated and the authorship made clear.
If information about the current whereabouts of the alleged abuser has not yet been gathered, Children's Social Care should establish this as a matter of urgency.
The adult who has disclosed should be asked whether they want a police investigation and must be reassured that the police are able and willing to progress an investigation even for those adults who are vulnerable as a result of mental ill health or learning difficulties.
Children's Social Care should reassure the adult that, even without their direct involvement, all reasonable efforts would be made to investigate the alleged abuse. The Adoption Agency should support the adult to access therapeutic or other services, as appropriate.
Where the adult against whom the allegation is made is an adoptive parent Children's Social Care should:
- Inform the police at the earliest opportunity and establish if there is any information regarding the alleged abuser's current contact with children, irrespective of the wishes of the victim as to whether a police prosecution should take place;
- Inform the Head of Service if the adult who has disclosed requests a police investigation or if the allegations involve organised and complex abuse (police involvement in an investigation will depend on a number of factors, including the victim's wishes and the public interest);
- Initiate section 47 enquiries if the alleged abuser is known to be currently caring for children or has access to children. This must include making a referral to Children's Social Care in the area where the alleged abuser is currently living.
- In respect of historic allegations against an adopter, full enquiries should be made in accordance with the procedures set out in section 1 above if another child is placed for adoption or Luton's procedures for safeguarding and promoting the welfare of children and young people living away from home including foster carers (2008) in the case of a child placed for fostering.
Where an adult alleges abuse in childhood in a different local authority area, the case should be transferred to agencies in the area where the abuse is alleged to have taken place. Parallel enquiries may be needed if the alleged abuser has contact with children elsewhere. The co-ordinating LA Children's Social Care should be the one responsible for the geographical area where the abuse is alleged to have taken place.
The responsible police service for investigation will be the one covering the area where the alleged abuse is said to have taken place.
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