Schedule 2 of the Review of Children's Cases Regulations 1991 requires that Looked After Reviews consider whether a change in a child's legal status should be sought.
Variation and revocation of existing Care Orders made in respect of the child should be discussed at every review.
This subject is identified as an issue for discussion on the CLA's Review of Arrangements form.
This procedure explains the:
Please see Local Resources for the:
Prior to each Looked After Review, the allocated social worker should consider in discussion with the Team Manager whether variation or revocation of a Care Order is in the child's best interests.
Primary consideration should be given to:
The additional issues to consider include:
The need for social work support or the need for financial support through boarding out allowances should not preclude revocation of a Care Order.
The social worker should look at other ways to provide support.
Proposed variations to or revocations of Care Orders should be discussed with other parties prior to the Looked After Review.
If a change in circumstance warrants variation or revocation consideration should be given to bringing forward the Looked After Review. This should be done in consultation with the Independent Reviewing Officer.
The child or the child's parents may also consider variation or discharge of a Care Order.
Their views should be discussed at the Looked After Review.
If there is disagreement with the Local Authority, they are entitled to make the application to court themselves, and should be advised to seek their own legal advice on this.
Foster carers can apply for a Child Arrangements Order with the agreement of the Local Authority.
They can apply for a Child Arrangements Order without the agreement of the Local Authority if:
Foster carers can also apply for an Adoption Order in respect of a child who is at least 12 months old and who has lived with the applicant at all times during the last 12 months.
Foster carers can apply for an Adoption Order without the agreement of the Local Authority where the child has lived with them continuously for 12 months prior to the application.
If they do this the Non Agency Adoptions Procedure (One Adoption) will apply.
If at all possible, such disagreements should be anticipated and every effort made to arrive at an agreement with the foster carers.
The following options should be considered:
The recommendation to apply for variation or revocation should be discussed and agreed at the Looked After Review.
The recommendation to apply for variation or revocation should be ratified in line with the Child Looked After Reviews Procedure.
The application should be made in line with the Care Proceedings - Information for Social Workers Procedure. The following Sections should be referred to:
Paragraphs 5.1 to 5.14. This covers:
A copy of the new court order should be put on the case file by the social worker.
The social worker should also update the child's legal status on the relevant computer records.
In most situations the revocation of a Care Order would result in a child ceasing to be Looked After, therefore the episode should be closed.
Exceptions to this would be when a child continues to be Accommodated, for example in preparation for independent living.
If ongoing support is required, the social worker should draft a Child In Need plan or consider further work with the family being undertaken through universal services lead through an Early Intervention Child and Family Single Assessment, with the carers in line with the Contacts and Referrals for Children in Need Procedure and Child and Family Assessment Procedure. This should indicate what involvement is needed and what involvement has been agreed.
The social worker and their Team Manager should review progress on the action plan.
Only valid for 48hrs