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Framework
for the Assessment of Children in Need and their Families |
5
Roles and Resposibilities in Inter-Agency Assessment
of Children in Need
Principles of Inter-Disciplinary
and Inter-Agency Assessment
5.1 A key principle of the Assessment Framework is that children's
needs and their families circumstances will require inter-agency collaboration
to ensure full understanding of what is happening and to ensure an effective
service response. This chapter elaborates further on the roles and responsibilities
of different disciplines and agencies when assessing whether a child
is in need under the Children Act 1989. Some children in need may be
being assessed concurrently under legislation other than the Children
Act 1989. Other children may have already been assessed under different
legislation and may be in receipt of services from agencies but not
from social services. A further group of children may have parents or
other significant family members or caregivers who are in receipt of
social services.
5.2 In order to ensure optimal outcomes for children, whilst
at the same time avoiding duplication of services or children receiving
no service at all, it is important for all disciplines and agencies
to work in a co-ordinated way to an agreed plan. Increasingly, there
are service developments designed on a multi-agency basis, where teams
operate with a pooled budget and shared objectives. An example is Youth
Offending Teams.
5.3 There may be a number of voluntary and private organisations
and community based groups, whose staff and volunteers have knowledge
of a child and their family. In undertaking an assessment, it is important
to find appropriate ways of using their understanding of the family
to inform the overall analysis of the child's needs and how best to
help the family. Communication with staff and volunteers from other
agencies and groups should be based on the principles of confidentiality
and consent set out in paragraphs 3.46 to 3.57.
5.4 Inter-agency, inter-disciplinary assessment practice requires
an additional set of knowledge and skills to that required for working
within a single agency or independently. It requires that all staff
understand the roles and responsibilities of staff working in contexts
different to their own. Having an understanding of the perspectives,
language and culture of other professionals can inform how communication
is conducted. This prevents professionals from misunderstanding one
another because they use different language to describe similar concepts
or because they are infiuenced by stereotypical perceptions of the other
discipline. The use of the Assessment Framework for assessing children
in need provides a language which is common to children and their family
members, as well as to professionals and other staff.
Corporate Responsibilities
for Children in Need
5.5 Under s17 of the Children Act 1989, social services departments
carry lead responsibility for establishing whether a child is in need
and for ensuring services are provided to that child as appropriate.
This may not require social services to provide the service itself.
Following a child in need assessment, for example, a child with communication
impairment may require the help of a NHS speech therapist and additional
classroom support at school rather than any specialist services of the
social services department. The voluntary sector may have an important
role to play in contributing to an assessment and providing services
to a family.
5.6 This inter-agency responsibility is spelt out in s17(5) of
the Children Act 1989.
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Every local authority -
a shall facilitate the provision by others (including
in particular voluntary organisations) of services which the authority
have power to provide by virtue of this section, or section 18,
20, 23 or 24; and
b may make such arrangements as they see fit for any
person to act on their behalf in the provision of any such service.
Children Act 1989 s17(5)
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5.7 The corporate responsibilities for working with children
in need and their families have been emphasised in the Government's
objectives for children's social services (Department of Health, 1999e).
The Government believes that local authorities corporately have
a responsibility to address the needs of such children and young people.
There should be effective joint working by education, housing and
leisure in partnership with social services and health. Social services
alone cannot promote the social inclusion and development of these
children and families. However, in partnership with others, social
services can play a vital role (p.4).
Inter-Agency Responsibilities
for Assessments of Children in Need
5.8 The next section sets out the responsibilities of local authority
departments and health authorities for assessing children in need and
their families and the basis on which professionals working in statutory
agencies and independent settings work with social services staff who
have lead responsibility for this task. This section should be read
in conjunction with Chapter 3 in Working Together to Safeguard Children
(1999) which addresses the primary roles and responsibilities of statutory
agencies, professionals, the voluntary and private sector and the wider
community in respect of children, and in particular children about whom
there is concern that they may be suffering or are suffering significant
harm. The following sections address specifically some of the key issues
about agency roles and responsibilities when assessing children in need
or contributing to other assessments of children and their families.
It includes most of the major agencies but is not comprehensive.
Social Services Departments
5.9 The social services department has the lead role for ensuring
initial and core assessments are carried out according to the Framework
for the Assessment of Children in Need and their Families. In practice
this means, planning, preparation, co-ordination and communication with
professionals in other agencies, in accordance with the principles set
out in paragraph 1.23. This is where inter-agency protocols (and intra-agency
where adults services are concerned) can be an effective means of providing
a structure for collaboration and lines of communication.
5.10 With any child or family referral, social services should
check whether the person with parenting responsibility has needs independent
of the child's needs, which may call for the provision of adult community
care services. If so, those needs should be further assessed in accordance
with Achieving Fairer Access to Adult Social Care Services (Department
of Health, forthcoming, a). The assessment of the child's needs and
the capacity of their parent(s) to respond appropriately to those needs
within their family context, should follow the Framework for the
Assessment of Children in Need and their Families.
5.11 With any adult referral, social services should check whether
the person has parenting responsibility for a child under 18. If so,
the initial assessment should explore any parenting and child related
issues in accordance with the Framework for the Assessment of Children
in Need and their Families. This will determine if the child is
in need, and the nature of services required to support his or her family,
under Section 17 of the Children Act 1989. Further assessment should
be undertaken and services provided as appropriate, following this Guidance.
The assessment of adult needs should follow the Achieving Fairer
Access to Adult Social Care Services Guidance.
5.12 Where the child is looked after or there is concern about
significant harm, the responsibilities of local authorities are clearly
laid out in Children Act 1989 Guidance and Regulations (1991)
and in Working Together to Safeguard Children (1999). Although
social services will continue to work closely with other agencies in
such circumstances, it is social services which has a statutory duty
to safeguard and promote the welfare of children and to ensure that
this is effectively carried out.
5.13 The role of the key worker for a child whose name has been
placed on a Child Protection Register is set out in paragraph 5.76 of
Working Together to Safeguard Children (1999). It states that
the key worker has responsibility for completing the core assessment
of the child and family and securing contributions from core group members
and others as necessary.
5.14 For children looked after and children whose names have
been placed on the child protection register and who are subject to
a child protection plan, the responsibilities for monitoring and reviewing
the children's progress (including safety) are set out in the same Regulations
and Guidance (Department of Health 1991; Department of Health et
al, 1999). Social services departments have lead responsibility
for ensuring these reviews take place within the prescribed time scales.
As stated in Chapter 4, there are no such regulations governing the
review of welfare of other children in need. However, it is essential
that agreements are reached on an inter-agency basis about how best
to monitor and review children in need plans. The lead agency for this
activity may not necessarily be the social services department, as another
agency may be better placed to undertake this responsibility.
5.15 In the process of all relevant agencies working collaboratively
to construct and agree the child in need plan, decisions will have been
made about which agencies will provide the necessary services. Careful
thought should be given to which professional would be best placed to
have lead responsibility for co-ordinating the review of the child in
need plan. Amongst the considerations will be the respective roles and
responsibilities of the various agencies.
Voluntary and Independent
Agencies
5.16 Voluntary and independent agencies are key providers of
a number of different types of services for children and families. They
may be undertaking or contributing to assessments for a range of purposes:
under the terms of a service agreement with a social services department,
in partnership with other agencies or organisations or as part of the
service they provide in response to direct referrals from children and
families. Their staff's knowledge and use of the Assessment Framework
when undertaking an assessment will enable information to be organised
within a common framework, using a common language. This will be particularly
important where the assessment has been commissioned by a social services
department.
Health Authority
5.17 Every Health Authority is required to work with local agencies
and trusts to consider the health needs of their residents and then
determine local priorities and ways to address those needs. In particular
Health Authorities and Primary Care Groups and Trusts should ensure
that they participate in inter-agency planning and co-operation through
Children's Services Plans and Quality Protects Management Action Plans,
and that there are clear cross references in the Health Improvement
Programmes.
5.18 The Health Improvement Programme is a jointly agreed health
strategy which has the support of the local authority, NHS Trusts and
Primary Care Groups. Services for healthcare for vulnerable children
should be described and the health authority should ensure that local
services and professionals contribute fully and effectively to local
inter-agency working to safeguard children and promote their welfare.
5.19 The Health Authority should agree with Primary Care Groups
and Trusts (PCG/Ts) how the local health service obligation to contribute
to assessments involving inter-agency working should be discharged locally.
Service specifications drawn up by PCG/Ts should include clear service
standards for assessments of children in need. For children where there
are grounds for concern that they are suffering significant harm these
must be consistent with local Area Child Protection Committee protocols.
5.20 NHS Trusts and PCG/Ts are responsible for providing acute
and community health services in hospital and community settings, and
a wide range of staff will come into contact with children and parents
in the course of their normal duties. Staff should be alert to concerns
about a child's health and development and should know how to act upon
these concerns in line with local protocols. Conversely, they should
also be aware of how adult patients with, for example, physical or mental
illness may require help to carry out their parent roles successfully.
5.21 Most health professionals, in the NHS, private sector, and
other agencies play an important part in the lives of children and their
parents. Because of the universal nature of health provision, health
professionals are often the first to become aware of the needs of children
or that some families are experiencing difficulties looking after their
children. They should consider what help would benefit those families.
Social services departments can assist health professionals by providing
information about help that is available in the community and through
their own departments.
The General Practitioner
and the Primary Health Care Team
5.22 The General Practitioner (GP) and other members of the primary
health care team (PHCT) are well placed to recognise when a child is
potentially in need of extra support or services to promote health and
development, or may be at risk of suffering significant harm. Primary
care team members should know when it is appropriate to refer a child,
as a potential child in need, to social services for help and support,
and how to act on concerns that a child may be at risk of harm through
abuse or neglect. When other members of the primary care team become
concerned about the welfare of a child, the GP should be involved in
discussing these concerns. The GP and primary health care team will
have an important contribution to make to initial and core assessments
of children in need.
5.23 The GP and the primary health care team are also well placed
to recognise when a parent or other adult has problems which may affect
their capacity as a parent or carer, or which may mean that they pose
a risk of harm to a child. While GPs have responsibilities to all their
patients, the child is particularly vulnerable and the welfare of the
child of paramount importance. If they have concerns that an adult's
problems or behaviour may be causing, or putting a child at risk of
harm, they should follow the procedures set out in Working Together
to Safeguard Children (1999).
Nurses, Midwives,
Health Visitors and School Nurses
5.24 Nurses work in a variety of settings where they are likely
to meet vulnerable children and their families. They will consider the
circumstances in which it would be appropriate to refer them to social
services departments for further assessment. They will then continue
to work in partnership with social workers, general practitioners and
others to contribute to integrated assessments, through sharing facts
and professional opinions and by helping children and families identify
and address their own needs.
5.25 The midwife and health visitor are uniquely placed to identify
risk factors to a child during pregnancy, birth and the child's early
care. Health visitors and school nurses monitor child health, growth
and physical, emotional and social development. In addition, health
visitors are aware of the health of the parents and may identify particular
difficulties, for example, postnatal depression in mothers. The regular
contact health visitors and school nurses have with children and families
gives them an important role to play in the promotion of children's
health and development and the protection of children from harm. Many
of these staff provide parental support services or parenting sessions
and programmes. Some also offer leadership to local schemes which support
parents.
Paediatric Services
5.26 If, in the course of a social services department assessments
of children in need, an opinion from a specialist paediatric service
(including child development teams which are multi-disciplinary and
may include a social worker) is required, the service should be requested
by or after consultation with the appropriate member of the Primary
Health Care Team. Where an urgent opinion is required, because there
are grounds for concern that a child is suffering significant harm,
this should be sought in line with local child protection procedures.
5.27 A paediatrician and/or a child development team may already
know a child who is being assessed by a social services department.
This will certainly be the case for children with chronic or recurrent
significant illnesses and for disabled children. Social workers based
in child development teams should be guided by the Assessment Framework
when preparing their contribution to a multi-disciplinary assessment
of a disabled child and family. Health professionals seeing such a child
will have a contribution to make both to an assessment of need and in
advising on medical and child development services that would be of
benefit to the child and family. Information should be shared with the
informed consent of the parents and of the child (obtained in a way
appropriate to the child's age and understanding).
5.28 Many paediatric services have an identified lead Community
Paediatrician for children in need who can advise social workers and
parents on how to gain access to services. Within the health services,
community paediatricians can raise awareness of the difficulties faced
by vulnerable and disadvantaged families. Innovations are being proposed
(eg. within Health Action Zone schemes) for the introduction of one
stop shops where social services and health staff can work together
to provide supportive and therapeutic services for children and their
families.
Professionals Allied
to Health
5.29 Other professionals allied to health, for example audiologists,
physiotherapists, occupational therapists and speech therapists will
also have important roles to play in the lives of some disabled and
developmentally delayed children. Of these professionals, speech therapists
are the most likely to be involved in the assessment of children in
need. This is because the language development of children is most often
affected by adverse environmental and family circumstances. Speech and
language therapists can also provide expertise to facilitate communication
with a child during an assessment.
Mental Health Services
5.30 Mental health problems are relatively common in children.
Preliminary results of a recent survey found that around 10 per cent
of 5-15 year olds in England, Scotland and Wales has some type
of mental disorder sufficient to cause considerable distress and substantial
interference with personal functioning in most cases (Office for National
Statistics, 1999). Children of families in Social Class V (unskilled
occupations) were about three times as likely to have a mental health
problem compared with those in Social Class I (professionals). There
are strong associations between family income and the mental health
of children.
5.31 The evident increased likelihood of children in need having
a significant mental health problem indicates the importance of specific
consideration being given to their mental health needs. Not all children
and young people, however, will require the help of specialists and,
for many, effective and straightforward interventions at an early stage
may prevent more serious problems developing later.
5.32 Those children and young people with more severe and complex
disorders will require both specialist services and community based
support to ensure the best possible outcomes. Social workers and other
staff working within such services, whether in hospital or community
child and family mental health service settings, should draw on knowledge
of the Assessment Framework to inform their contributions.
5.33 An assessment of the mental health of a child or young person
will attempt to unravel the various factors that have played a part
in the causation of any particular problem or difficulty. This will
include an assessment of those factors that are protective as well as
those that constitute a risk to the child. As understanding about the
aetiology of mental disorders in children increases, it is clear that
attention must be given as much to intrinsic factors in the child, such
as inherited temperamental characteristics, as to the external social
and family infiuences. This is particularly relevant for children with
hyperkeinetic disorder, for instance, whose parents otherwise might
feel totally responsible for their child's difficult, demanding and
hyperactive behaviour.
5.34 Child and adolescent mental health services provide a range
of psychiatric and psychological assessment and treatment services for
children and families. There may be very specific reasons why a specialist
child mental health professional may become involved. The possibility
of a psychotic illness (eg. schizophrenia), suicide or risk of self
harm, the consideration of medical or psychological treatment for hyperkeinetic
disorder or attention deficit hyperactivity disorder (ADHD), attachment
disorders and an assessment of post traumatic stress following severe
trauma are all clear cut examples. A referral may also be made for an
assessment of individual family factors which contribute to a child's
disorder and to ascertaining the therapeutic needs of the child and
family members. Many requests, however, are less specific and these
often relate to the complexity and chronicity of problems experienced
by children who have suffered from a variety of disadvantages and adversities.
Assessments of aggressive and oppositional behaviour of a child, family
functioning, parenting capacity, and attachment between parent and child
are other examples of important mental health tasks where child and
mental health services might usefully contribute. In these circumstances
a consultation or planning session may help clarify who is best able
to undertake which task and what types of intervention may be most appropriate
to help the child and family.
5.35 Some children and young people may require admission to
hospital for psychiatric treatment. The legal framework governing the
admission to hospital and treatment of children is complex. The use
and relevance of the Mental Health Act 1983 or the Children Act 1989
should be considered particularly where consent is an issue. Professionals
charged with responsibility for helping the child will use the statutory
framework which refiects the predominant needs of the child. The
Mental Health Act 1983 Code of Practice (Department of Health and
the Welsh Office, 1999) contains essential guidance (see in particular
chapter 31) which should inform the assessment and treatment of children
who are either formal or informal patients.
5.36 Adult mental health services, including those providing
general adult and community, forensic, psychotherapy, alcohol and substance
misuse and learning disability services, have a key role to play in
the assessment process when parental problems in these areas have an
impact on their capacity to respond appropriately to their children's
needs (see paragraphs 6.18 to 6.22 on commissioning specialist services).
Crossing Bridges (Falkov (ed), 1998) was developed to help staff
working with mentally ill parents and their children. It provides a
rich source of training material for both adult and children's services
staff.
5.37 There are two specific pieces of guidance regarding children
visiting parents, other family members and close friends in psychiatric
settings where social services departments may be asked to assess whether
it is in the best interests of a child to visit a named patient.
5.38 The Visits by Children to Ashworth, Broadmoor and Rampton
Hospital Authorities Directions (HSC 1999/160) and the Guidance
to Local Authority Social Services Departments on Visits by Children
to Special Hospitals (LAC(99)23) sets out the assessment process
to be followed when deciding whether a child can visit a named patient
in these hospitals. When a social services department considers it has
powers under the Children Act 1989 to undertake the necessary assessment,
it is required to assist the hospital by assessing whether it is in
the interests of a particular child to visit a named patient and providing
the special hospital with this information.
5.39 The Circular Mental Health Act 1983 Code of Practice:
Guidance on the visiting of psychiatric patients by children (HSC1999/222
LAC(99)32) sets out principles to underpin child-visiting policies in
respect of children visiting patients in other psychiatric units. This
guidance emphasises the importance of facilitating a child's contact
especially with their parents or other key family members, wherever
possible. Where there are child welfare concerns, the Trust may ask
the social services department where the child is resident to assess
whether it is in the best interests of a child to visit a named patient.
Psychologists
5.40 Psychologists - clinical, counselling, educational,
forensic - who work with children and families are well placed
to contribute to core assessments and to offer a range of services to
support children in need and their families. In particular, educational
psychologists working with children, their parents, schools and other
agencies to promote children's social, emotional and intellectual development
will have a significant contribution to make.
Education Services
5.41 A major protective factor in a child's life is having good
relationships and succeeding in school. Education staff, through their
day to day contact with pupils, have a crucial role to play enabling
children to have positive experiences in school - academically
and through good relationships - as well as ensuring and observing
their wellbeing. Education Welfare Officers and Educational psychologists
may, through their work with schools, have knowledge of a particular
child. If a child is thought to be in need, social services departments
may be able to assist. With parental agreement, these concerns may be
discussed with the local social services department and a way forward
agreed on identified matters.
5.42 Schools and colleges may on occasions be asked by a social
services department for information about a child for whom there are
concerns about their health or development, abuse or neglect. The education
service itself does not have a direct investigative responsibility in
child protection work, but schools and other maintained establishments
have a role in assisting the social services department by referring
concerns and providing information for s47 child protection enquiries.
The role of the independent schools in relation to child protection
is the same as that of any other school (Paragraphs 3.12 and 3.15 in
Working Together to Safeguard Children, 1999).
5.43 When a child has special educational needs, or is disabled,
schools and educational psychologists will have important information
about the child's development, their level of understanding and the
most effective means of communicating with the child. This information
should be sought before beginning an assessment. The school and the
educational psychologist will also be well placed to give a view on
the impact of different types of treatment or intervention on the child's
care or behaviour.
5.44 Social Inclusion: Pupil Support (Department for Education
and Employment,1999a) sets out government guidance on pupil attendance,
behaviour, exclusion and re-integration of children at school. It takes
a multi-agency approach to supporting schools and enabling them to help
pupils with behavioural difficulties, including poor attendance. Where
a pupil may be at serious risk of permanent exclusion from school or
engaging in criminal activity, a Pastoral Support Programme should
be set up to plan interventions to help the pupil remain in school.
The social services department should as appropriate be involved in
the programme (see paragraph 5.5 of Circular 10/99). In addition to
contributing to work undertaken with pupils by staff from other agencies,
social services departments can assist directly by working with individual
children and their families who are experiencing difficulties which
impact on the child's educational progress. This could include work
with children who are caring for a sick or disabled adult, or where
there are relationship difficulties within the family, or where a child
has suffered abuse or neglect. In such situations where a child and
family is referred to a social services department for help with difficulties
identified at school, an initial assessment will be undertaken using
the dimensions in the Assessment Framework to ascertain if the child
is in need and what help could be offered to respond to the particular
needs of the child and their family.
5.45 Children looked after can experience a range of problems
at school due to the disruptions experienced prior to and during care.
These disruptions often include breaks in education. Good liaison with
schools is important, both to ascertain the school's assessment
of these young people and their current needs and to plan with the school
how these needs can best be met. Guidance on the Education of Children
and Young People in Public Care (Department for Education and Employment
and Department of Health, forthcoming) sets out the importance of education
to young people in public care and the action that local authorities
(education and social services departments) must take to safeguard the
education and thus the future of these young people.
5.46 Learning Mentors are a new resource, being introduced
in secondary schools in major cities as part of the Government's Excellence
in Cities initiative. They will work closely with pupils to help them
to overcome barriers to learning. They will provide intensive counselling
and support to a small number of pupils facing significant problems,
and will perform a 'signposting' function for others, helping them to
access other agencies and local systems of support, such as business
and community mentoring schemes and social services. It will be important
for learning mentors to work closely with local social services departments
in supporting the pupils in their charge.
5.47 Part of the learning mentor function is to participate in
progress checks for pupils in year 7 and year 9. They will also draw
up individual targets for the pupil to achieve at school. Each school
will have its own assessment arrangements in place for progress checks,
but all learning mentors will be informed about the Assessment Framework,
and encouraged to use a consistent format in order to facilitate effective
information sharing.
5.48 The Connexions strategy (Department for Education and Employment,
2000) will introduce a universal network of Personal Advisers for young
people. The Connexions Service will seek to develop a common
assessment tool, with a common core and sections related to specific
problems a young person might face, that can be used by all Personal
Advisers to assess a young person's needs. Its use will allow different
agencies to agree on how a young person's needs can be met either directly
or through referral, and encourage a co-ordinated response to a young
person's needs. The development of this assessment tool will take full
account of this framework for assessing children in need.
5.49 For most young people, the end of compulsory education (at
around the age of 16) marks a significant decision and transition point
in their development towards adulthood. Government maintained schools
have a legal duty to prepare children for this decision and transition
by providing a programme of careers education and guidance during the
last three years of their compulsory education. Various assessment methods
are used to help children identify their occupational interests and
potential. The methods include self-assessment questionnaires, standardised
tests and practical tasks which are formally assessed.
5.50 In 1999 the Department for Education and Employment established
a new form of provision for young people who had failed to make a successful
transition from compulsory education. This programme - known as
the Learning Gateway - is run jointly by careers services and Training
and Enterprise Councils. Personal advisers help 16 and 17 year olds
who are struggling to find their way to identify realistic career goals
and to obtain a suitable learning or employment opportunity. This often
involves some remedial education/preparatory training in basic skills
and personal effectiveness before the young person is ready for mainstream
provision. The Department for Education and Employment has provided
comprehensive Guidance on Assessment in the Learning Gateway
(Department for Education and Employment, 1999b). This covers both vocational
assessment and the assessment of pre-vocational learning and development
needs such as personal effectiveness and social skills.
5.51 Youth and Community Workers have close contact with
young people. They should be alert to any concerns about a young person's
welfare and know how to refer to the social services department if they
consider a child would benefit from its help. They will also be well
placed to assist in a child in need assessment. In some instances joint
working may be appropriate.
Special Educational
Needs Code of Practice
5.52 Education legislation does not distinguish between disability
and special educational needs. Not all children with special educational
needs have a disability. Equally some disabled children do not have
special educational needs. In January 1999, schools in England identified
20% (1.52 million) of their pupils as having some form of special educational
needs, and 3% (248,000) of pupils had statements of Special Educational
Needs.
5.53 Special educational needs cover a wide spectrum of needs/difficulties
including emotional and behavioural difficulties which are described
within the code as:
- Emotional and behavioural difficulties may result, for example,
from abuse or neglect; physical or mental illness; sensory or physical
impairment; or psychological trauma. In some cases emotional and behavioural
difficulties may arise from, or be exacerbated by, circumstances within
the school environment. They may also be associated with other learning
difficulties.
- Emotional and behavioural difficulties may become apparent in a
wide variety of forms - including withdrawal, depressive or suicidal
attitudes; obsessional pre-occupations with eating habits; school
phobia; substance misuse; disruptive, antisocial and unco-operative
behaviour; and frustration, anger and threat of actual violence (Special
Educational Needs Code of Practice, paragraphs 3.65 and 3.66).
5.54 Under the Education Act 1996, local education authorities
have a duty to identify and make a statutory assessment of those children
for whom they are responsible who have special educational needs and
who probably require a statement of their special educational needs.
A child is said to have special educational needs if (s)he has:
A learning difficulty which calls for special educational provision
to be made for him
5.55 A child has a learning difficulty if:
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a. he has a significantly greater difficulty in learning
than the majority of children his age;
b. he has a disability which either prevents or hinders
him from making use of educational facilities of a kind generally
provided for children of his age in schools within the area of
the LEA, or
c. he is under the age of five and is, or would be if
special educational provision were not made for him, likely to
fall within paragraph (a) or (b) when over that age.
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5.56 Having decided that a statutory assessment should be made,
the local education authority must seek parental, educational, medical,
psychological and the social services department's advice. Where a child
is known to a social services department, the social worker should draw
on information which has already been gathered and is on the child's
file. At the same time, the social services department may decide to
undertake a child in need assessment under s17 of the Children Act 1989,
to ascertain whether social services would benefit the child and family.
5.57 The Code of Practice on the Identification and Assessment
of Special Educational Practice (1994) sets out the duties of health
authorities and social services departments in respect of children who
may have special educational needs as follows:
All those bodies to which the Code applies must, of course, fulfil
their duties. But it is up to them to decide how to do so, in the
light of the guidance in the Code of Practice. All those to whom the
Code applies have a statutory duty to have regard to it; they must
not ignore it. Whenever the health services and social services help
schools and LEAs take action on behalf of such children those bodies
must consider what the Code says.
5.58 When a statement of special educational needs has been completed,
the social services department will be provided with a copy of the statement
and the accompanying advice from professionals. This information can
assist social services in current or future work with the child and
family.
Day Care Services
5.59 Day care services - family centres, early years centres,
nurseries (including workplace nurseries), childminders, playgroups
and holiday and out of school schemes - play an increasingly important
part in the lives of growing numbers of children. Many services will
be offering a range of support to children and families experiencing
problems and stress. This makes them well placed to intervene early
and resolve difficulties before they become more serious or entrenched.
5.60 Day care services may identify children where there are
concerns about their developmental progress or wellbeing, or alternatively
parents who may have difficulties in responding to their child's needs
sufficiently or appropriately. Day care services may contribute by:
- identifying and referring families to social services departments;
- contributing to the assessment of children and their parents or
caregivers, sometimes providing a specialist assessment of family
relationships;
- providing services which support the child's development and strengthen
the parents' capacity to respond, through routine work or as part
of a child care plan which is monitored and reviewed.
Sure Start
5.61 Sure Start is an area based programme providing universal
services for children under four and their families in some of the most
disadvantaged communities. Sure Start aims to improve the health and
wellbeing of children and families before and from birth, so children
are ready to thrive and succeed when they go to school.
5.62 Local programmes work with parents and parents-to-be to
improve the life chances of young children through better access to:
- family support;
- advice on nurturing;
- health services;
- early learning.
5.63 Sure Start programmes provide a range of co-ordinated services,
locally determined, to meet national objectives and targets and local
priorities. These are likely to include:
- outreach and home visiting;
- support for families and parents;
- support for good quality play, learning and childcare experiences
for children;
- primary and community health care, including advice about family
health and child health and development;
- support for children and parents with special needs, including
help accessing specialised services.
5.64 Sure Start programmes are run by local partnerships bringing
together people from statutory agencies, voluntary and community organisations
and local parents to plan and organise local services. The involvement
of local parents in Sure Start partnerships ensures that services are
responsive to local needs and will strengthen local communities, and
build capacity and confidence.
5.65 Sure Start provides an opportunity for early support and
intervention and to ensure that health, education and social services
are actively engaged in supporting the most vulnerable pre-school children.
Some children and families using Sure Start services may be referred
to or known to social services departments as children in need. Co-ordinated
assessments will therefore be essential as part of providing effective
services to secure optimal outcomes.
Youth Offending Teams
5.66 The principal aim of the youth justice system, to prevent
offending by children and young people, is set out in the Crime and
Disorder Act 1998. Under this Act, the Local Authority, acting in co-operation
with every chief officer of police and police authority and every probation
committee and health authority in the local authority's area, has a
duty to 'secure that, to such extent as is appropriate for their
area, all youth justice services are available there' (s38) and
that a Youth Offending Team is in place (s40) comprising police and
probation officers, social workers and education and health staff. The
Youth Offending Teams (YOTs), which are multi-agency, have responsibility
for co-ordinating or delivering the provision of local youth justice
services and helping to implement the Youth Justice Plan (s41).
5.67 The Youth Justice Board for England and Wales has developed
an assessment profile, ASSET, for use with all youth offenders who enter
and leave the youth justice system. ASSET provides YOTs with a consistent
means of assessing the needs of individual young people and the risks
of their re-offending, causing harm to themselves or to others. The
profile covers the areas of a young person's life most linked to offending
behaviour including living arrangements, family and personal relationships,
education, employment and training, lifestyle, substance use, physical
health, emotional and mental health, personal identity and cognitive
and behavioural development. In addition, there is a detailed risk of
harm assessment for use when the profile suggests that the young offender
has the potential to commit serious harm to others. The profile will
assist practitioners plan a programme of interventions to meet the identified
needs of the young person and reduce the factors associated with risks
of re-offending, causing harm to themselves or to others.
5.68 It will be important for YOTs completing ASSET to liaise
within social services departments about young people with whom social
services have had or have contact. Prior assessments of need undertaken
by social services departments can inform the work of YOTs. Similarly,
assessments undertaken by YOTs will be an important source of knowledge
if the young person continues to be worked with as a child in need under
the Children Act 1989 or is re-referred to the social services department
for help following their involvement with the youth justice system.
The dimensions of the Assessment Framework in this Guidance are consistent
with those of the youth offending assessment profile. The key difference
is that ASSET concentrates in depth on areas of a young person's life
most likely to be associated with offending behaviour.
Housing
5.69 Housing Authority staff, through their day to day contact
with members of the public, may become aware of concerns about the welfare
of particular children and should refer to one of the statutory agencies
as appropriate.
5.70 Equally, Housing Authorities may have important information
about families which could be helpful to social services departments
carrying out assessments under s17 or s47 of the Children Act 1989.
In accordance with their duty to assist under s27 of the Children Act
1989, they should be prepared to share relevant information verbally
or in writing, including attending child protection conferences when
requested to do so.
5.71 The provision of appropriate housing can make an important
contribution to meeting the health and developmental needs of children.
Housing Authorities should be prepared to assist in the provision of
accommodation, either directly, through their links with other housing
providers or by the provision of advice.
5.72 Social services departments have a duty under section 20(3)
of the Children Act 1989 to accommodate any child in need aged 16 and
17 whose welfare is likely to be seriously prejudiced without the provision
of accommodation. At the same time, Housing Authorities are required
under the Housing Act 1996 to secure accommodation for people who are
homeless, eligible for assistance and in priority need. Homeless young
people may frequently come to the notice of both housing and social
services and will need to be assessed to establish whether they should
be provided with accommodation. There is a danger that in these circumstances
young people may be passed from one agency to another and it is important
therefore that joint protocols are agreed between housing and social
services in the matter of how and by whom they are to be assessed.
Police
5.73 The role of members of the Police Force can be seen quite
broadly in terms of the overall wellbeing and welfare of children and
their families. They have a key role in their knowledge of local communities.
Information may be available from the police either generally about
local environmental factors or specifically about family or household
members. Their contribution in referring children and families to social
services departments and in providing information and advice should
be considered when undertaking a child in need assessment. The role
of the police in relation to safeguarding children is set out in paragraphs
3.57 to 3.64 of Working Together to Safeguard Children (1999).
5.74 Protecting life and preventing crime are primary tasks of
the police. Children are citizens who have the right to the protection
offered by the criminal law. The police have a duty and responsibility
to investigate criminal offences committed against children, and such
investigations should be carried out sensitively, thoroughly and professionally.
The police should be notified as soon as possible where a criminal offence
has been committed, or is suspected of being committed, against a child.
5.75 The police have a responsibility to co-ordinate and lead
the risk assessment and management process for the exchange of information
about all those who have been convicted of, cautioned for, or otherwise
dealt with by the courts for a sexual offence; and those who are considered
to present a risk to children and others (see paragraphs 7.37 and 7.38
of Working Together to Safeguard Children (1999)).
Probation Services
5.76 Probation Services have a statutory duty to supervise offenders
effectively in order to reduce offending and protect the public. In
the execution of that duty, probation services will be in contact with,
or supervising, a number of men (and, to a far lesser extent, women)
who have convictions for offences against children. When undertaking
assessments of children in need social services staff should draw on
the knowledge probation services have about family members or other
adults in contact with a child and family, who may have committed offences
against children.
5.77 The Probation Service has an important role in working with
men and women in prison who may be parents of children under the age
of 18. Probation should be informed by social services if an assessment
of a child whose parent is in prison is being undertaken and should
be asked to contribute. There may be a range of issues when a parent
is in prison which will need careful assessment and planning, for example,
contact between parent and child; reunification and release arrangements;
resettlement in the community. Joint working between probation and social
services may be essential to securing the wellbeing of the child.
5.78 In addition, specialist probation officers working in the
family courts may be alerted to child care concerns through their investigations
as court welfare officers, for example, through work with families under
Family Assistance Orders (s16 of the Children Act 1989).
The Prison Service
5.79 The Prison Service works closely with other agencies to
identify any prisoner who may represent a risk to the public on release.
Regular risk assessment takes account of progress made during the sentence,
and informs decisions on sentence planning for individual prisoners,
including sex offender treatment programmes. Governors are required
to notify social services departments and the probation service of plans
to release prisoners convicted of offences against children and young
people so that appropriate action can be taken by agencies in the community
to minimise any risk to children or young people (Instruction to Governors
54/1994).
5.80 The Prison Service has a duty to safeguard the welfare of
those children aged under 18 in its custody. From 1 April 2000, all
Prison Service Establishments in the new under 18 estate are required
to appoint a child protection co-ordinator; and to establish, in consultation
with local ACPCs, arrangements for acting on allegations or concerns
that a young person may have suffered, or is at risk of suffering significant
harm
(HM Prison Service, 2000). A s47 enquiry and core assessment is undertaken
concurrently drawing on knowledge of the Assessment Framework.
5.81 When a young person is entering or leaving a Young Offender
Institution or prison, it will be important for there to be close liaison
between staff in the prison service and the social services department,
regarding children already known to a social services department or
who are considered likely to benefit from the provision of social services
assistance on their release.
5.82 The Prison Service may ask a social services department
to carry out an assessment regarding a baby whose mother is in prison
(HM Prison Service, 1999). This may be to assist the Service decide
whether it is in the best interests of a baby to live with his or her
mother in a mother and baby unit. In rare instances, it may be as part
of the process of making s47 enquiries where there are concerns about
the safety of a child who is living with his or her mother in a mother
and baby unit. Mother and baby units are not a place of safety. A prison
governor may refer children to a social services department if she or
he believe the baby is at risk with the identified carer or other adults.
Armed Services
5.83 In England, social services departments have statutory responsibility
for safeguarding and promoting the welfare of children of Services families.
When Services families (or civilians working with the Armed Forces)
are based overseas, the responsibility for their welfare is vested with
the Ministry of Defence. All three Services provide professional welfare
support and in some cases, medical support, to augment those provided
by local authorities.
5.84 When social services departments are undertaking assessments
of children in need, contact should be made with the welfare service
appropriate to the particular Service. Appendix 2 of Working Together
to Safeguard Children (1999) gives details of these Services and
contact numbers. The roles and responsibilities of the Armed Forces
in respect of safeguarding children of Services families or of ex-Services
families are set out in paragraphs 3.89 to 3.96 of Working Together
to Safeguard Children (1999).
Summary
5.85 This chapter has elaborated the roles and responsibilities
of a range of agencies, organisations and disciplines that work with
children and families. Understanding these roles and responsibilities
is a cornerstone of effective inter-agency, inter-disciplinary working.
Individual practitioners will use their professional relationships and
networks to assist them achieve good outcomes for children and their
families. Quality collaboration at an inter-personal level requires
effective organisational arrangements to support these informal processes
and ensure good inter-agency working is not solely dependent on the
commitment of dedicated individuals.
Prepared
29 March 2000
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