Looked After Reviews

RELATED GUIDANCE

Appointment and Role of Independent Reviewing Officers Procedure

Note that different provisions apply to children who acquire Looked After status as a result of a remand to local authority accommodation or youth detention accommodation. In relation to those children, please see Remands to Local Authority Accommodation or to Youth Detention Accommodation Procedure, Care Planning for Young People on Remand.

AMENDMENT

This chapter was updated in June 2020 in order to update the number of days when Looked After Reviews should be convened.

1. The Purpose of Looked After Reviews

A Looked After Review must take place before any significant change is made to the child's Care Plan, unless that is not reasonably practicable, including a decision to cease looking after a child.

Looked After Reviews should normally be conducted at a meeting although this may not be required in respect of a child who has been in a designated Long-term Foster Placement for over twelve months (see Section 10, Looked After Reviews Concerning Children in Long Term Foster Placements).

The purpose of the Looked After Review is to:

  • Ensure that appropriate plans are in place to safeguard and promote the overall welfare of the Looked After child in the most effective way and achieve permanence for him or her within a timescale that meets his or her needs;
  • To monitor the progress of the plans and ensure they are being progressed effectively;
  • To make decisions, as necessary, for amendments to those plans to reflect any change in knowledge and/or circumstances;
  • To ensure the needs of children looked after as a result of a secure remand are met;
  • To ensure that an Eligible Young Person moving into semi-independent accommodation is ready and prepared to move;
  • For a young person living in foster care, the first looked after review following his or her 16th birthday should consider whether a staying put arrangement (whereby the young person remains in the foster home after the age of 18) should be an option.

It is important that decisions taken at Looked After Reviews are implemented and responsibility for actions clearly defined.

The key plans that should be considered at a Looked After Review are:

  • Care plan;
  • Permanence plan;
  • Health care plan;
  • Pathway plan if applicable;
  • Personal education plan (PEP).

The review should also take account any other plans or strategies (e.g. behaviour management strategy), ensuring that they are up to date, or that arrangements are in place to update them.

2. Frequency of Looked After Reviews

2.1

Normally, Looked After Reviews should be convened at the following intervals

  • An initial Looked After Review should be conducted within 20 working days of the child becoming Looked After;
  • The second Looked After Review should be conducted within three months (91 days) of an Initial Looked After Review;
  • Subsequent Looked After Reviews should be conducted not more than six months (183 days) after any previous review.
2.2 In relation to children placed with prospective adopters or where there is authority to place for adoption, see the Adoption Reviews Procedure.
2.3

Looked After Reviews may be brought forward by an IRO where the circumstances of an event has a significant impact upon the child's care plan, as suggested in the following sorts of circumstances:

  • A proposed change of care plan for example arising at short notice in the course of proceedings following directions from the court;
  • Where agreed decisions from the review are not carried out within the specified timescale;
  • Major change to the contact arrangements;
  • Changes of allocated social worker;
  • Any safeguarding concerns involving the child, which may lead to enquiries being made under section 47 of the 1989 Act ('child protection enquiries') and outcomes of child protection conferences, or other meetings that are not attended by the IRO;
  • Complaints from or on behalf of the child, parent or carer;
  • Unexpected changes in the child's placement provision which may significantly impact on placement stability or safeguarding arrangements;
  • Significant changes in birth family circumstances for example births, marriages or deaths which may have a particular impact on the child;
  • If the child is charged with any offence leading to referral to youth offending services, pending criminal proceedings and any convictions or sentences as a result of such proceedings;
  • If the child is excluded from school;
  • If the child has run away or is missing from an approved placement;
  • Significant health, medical events, diagnoses, illnesses, hospitalisations, or serious accidents; and panel decisions in relation to permanency.

This is not an exhaustive list and the IRO may judge that other events are significant and require an earlier review. The parents and child should also be consulted about the need for an additional review.

3. Chairing of Reviews

Independent Reviewing Officers (IRO's) will chair reviews. They are located within the Social Work Improvement Service.

The IRO's responsibilities are outlined in Section 8, Independent Reviewing Officer's Responsibilities.

See also Appointment and Role of Independent Reviewing Officers Procedure.

If the allocated IRO cannot attend the meeting and it is important that the review meeting is not delayed, the meeting will be chaired/attended by a substitute IRO.

4. Convening Looked After Reviews

4.1 Arranging the first review

As soon as a child becomes Looked After, the child's social worker must record this on Azeus which will trigger a report to the IRO Manager.

This will trigger the appointment of an Independent Reviewing Officer (IRO) for the child. The IRO will contact the social worker toarrange the date, time and venue of the child's first Looked After Review.

The venue will be agreed with the social worker and the allocated IRO - ideally the review should be held in the placement. More than one venue may be required to accommodate staged reviews, for example when bail conditions prohibit a parent from having contact with a child.

4.2 Arranging second and subsequent reviews

At the end of each review the IRO will set the date, time and venue of the next review, taking account of what is convenient for review participants.

Review dates cannot be rearranged unless there are exceptional circumstances and then only if the rearranged meeting can take place within statutory timescales, in which case the new date should be agreed by the social worker with the IRO. The social worker is responsible for informing all the meeting participants of the new time/date/venue.

In the event of a key participant being ill or unable to attend the review, the meeting will go ahead but the IRO may decide that the review be adjourned to a new date when all participants can attend - see Section 8, Independent Reviewing Officer's Responsibilities.

Should the child cease to be Looked After before the review date, the child's social worker will notify the IRO and other prospective attendees that the review is cancelled and why. Planned endings to a child's care episode should be discussed with the IRO who may convene a review meeting to ensure plans are in place to secure the best outcomes for the child and that all plans are agreed by all parties.

5. Invitations and the Child's Participation

Discussion should take place between the social worker and the child (subject to age and understanding) at least 20 working days before the meeting about who the child would like to attend the meeting and where the meeting will be held.

The invitation list agreed by the social worker, IRO and child will be sent to the Social Work Improvement Service (by the social worker) 10 working days before the meeting. Business Support will send out invitations/consultation documents as required. Business Support cannot assist with this task if the invitation list is not received 10 working days before the meeting and the invitations/consultation documents must be sent by the social worker.

The following people should normally be invited:

  • The child. There is a presumption that the child will attend the review. A child's disability must not be a bar to the child's attendance;
  • The parents and those with parental responsibility, carers and any significant people or specialists involved in the child's case, (except as set out below);
  • The Children's Guardian if one is appointed;
  • The supervising social worker, if the child is placed with foster carers;
  • The link worker if the child is in residential care;
  • The most appropriate teacher at the child's school (usually the Designated Teacher for looked after children);
  • A Personal Adviser or worker from the Leaving Care team if the child is soon to be 18 (usually the last two reviews before the 18th birthday);
  • An Independent Visitor, if involved, and the child wishes them to be present;
  • If required, an interpreter;
  • Any other person with a legitimate interest in the child e.g. health care professional, GP, a representative from the Local Authority in whose area it is proposed that the child will be placed; (Such attendance should always be discussed with the child before invitations are made and his/her views obtained);
  • The officer with lead responsibility for implementing the authority's duty to promote the educational achievement of its looked after children.
  • Children's Rights Advocate or other specialist advocate to support the child.

A balance must be struck in relation to who the child wishes to be present and the need for information and input from the professionals and family members involved. Efforts should be made to keep the number present at the review as small as possible. It may be appropriate for information to be provided in writing or at a separate meeting where the contribution is strictly factual.

Children and parents should also be informed that they can arrange to see the IRO separately if they wish or bring a supporter or advocate to the review.

Where the child does not wish to attend the review, the IRO must attempt to speak to the child before the review (wherever possible in a face to face meeting) or seek their views by any other method.

The child's IRO must ensure that children and families have been given information about the Complaints Procedure. They should provide the child with details of independent advocacy services who may provide support if the child requires it.

See Section 7, Supporters and Interpreters.

A decision not to invite parent(s) to a review should only be made in exceptional circumstances and in consultation with the IRO, prior to the review. The decision should be recorded, together with reasons, on the review document and child's record.

There may be exceptional circumstances where the child's social worker, in consultation with the IRO decides that the attendance of the carer at all or part of the review meeting will not be appropriate or practicable. Where this is the case, a written explanation of the reasons should be given and other arrangements made for the carer to contribute to the review process. Details of the reasons why a carer is excluded and a record of their input should be placed on the child's case record.

Where any other invited person cannot attend, the IRO may agree, in consultation with the child, that a delegate attend instead.

6. The Role of the Social Worker

The child's social worker must discuss the purpose of the review with the child, parents and carers and consult the child about invitations at least 20 working days before the review meeting.

Where the child wishes to chair his or her own review, the social worker should inform the IRO.

In all cases, the child and parent(s) should be encouraged and supported by the social worker to prepare for the review, in writing or other ways if they wish, for example by seeing the IRO separately. The social worker should agree with the IRO how this will be achieved. This requires early consultation between the social worker and the IRO, and should be part of a thorough preparation of all the key issues for the review.

The child's social worker must also ensure the child's IRO is kept informed of any significant changes in the child's circumstances and the outcomes of any other meetings held as part of the review process, which consider aspects of the child's Care Plan. In addition, the social worker must notify the IRO if he or she believes that decisions made at a review are no longer appropriate because of a change in circumstances.

Where the child has been or is the subject of Court proceedings, the social worker should ensure the IRO has clear information of the child's legal status and the Court timetable. The social worker should ensure that the IRO and Children's Guardian have each others contact details.

Prior to the review, the social worker must ensure the child's records and plans are up to date, for example, that they include records of the placement visits and the last date when the child's sleeping accommodation was seen. Any changes in household membership need to be clearly recorded.

The social worker must make available on the child's record the following documents 3 working days before an Initial Review and 5 working days before a subsequent review:

  •  Social Worker's report or most recent assessment;
  • Care Plan or Pathway Plan.

In addition, the child's social worker should ensure the following documents are available on the child's record for the IRO's review preparation:

  • All completed consultation documents (the social worker is responsible for sending these to the child, carers and family members as appropriate);
  • Health Care Plan;
  • Personal Education Plan;
  • Any other relevant reports, statements, or specialist plans.

The IRO may request a meeting or discussion with the social worker to review the relevant aspects of the Health Action Plan, Personal Education Plan or other information. The IRO will then summarise these documents during the review and provide information about the discussion with the social worker as appropriate.

The IRO will produce the decisions from the review within five working days of the meeting. These decisions are 'draft' for five days, allowing the social worker's manager/supervisor to review and consider if the actions and timescales can be met. If the manager does not agree the decisions they must contact the IRO within five working days of receiving them, to agree any amendments. If no concerns or objections are raise the decisions are considered as agreed and must be implemented.

After the review, the social worker is responsible for updating the Care Plan within 10 working days, in relation to any changes to the Care Plan agreed at the review.

The social worker should also update the Permanence Plan, Health Care Plan and Personal Education Plan as required, and arrange for a Pathway Plan to be completed/updated, if relevant.

Where the child and/or the parents are unable to attend the review, the social worker must ensure that they are informed in writing of the outcome. If necessary, the social worker should arrange for this letter to be translated.

See also Appointment and Role of Independent Reviewing Officers Procedure, Duty of Social Worker to Keep IRO Informed.

7. Supporters and Interpreters

The social worker and IRO should consider prior to the review whether either the child or parent(s) would benefit from the presence of a supporter or advocate and if so, the social worker should ensure the necessary arrangements are made. A supporter may be either an advocate on behalf of the child/parent(s) or a person with specialist skills or knowledge. It may also be necessary for the social worker to make arrangements for an interpreter to attend.

Special needs, for example those arising from disability, should always be considered and appropriate assistance arranged where relevant.

Any request by the child or parent(s) for their legal adviser to attend as their supporter should be notified to the IRO prior to the review and the local authority legal adviser should be consulted. Arrangements may be made, where appropriate, for the attendance at the review of a local authority legal adviser.

8. Independent Reviewing Officer's Responsibilities

The IRO's role is to chair Looked After Reviews and monitor the appropriateness of the Care Plan on an ongoing basis including whether any safeguarding issues arise, its implementation and to establish whether the milestones set out in the plan are being achieved in a timely way.

See also Appointment and Role of Independent Reviewing Officers Procedure, which sets out in detail to role of the IRO outside the Looked After Review.

In relation to their role at reviews, a key task for all IRO's is to ensure that the review process is child and family centred and that the child's views are heard. They should be satisfied that disabled children's contributions are obtained and effectively presented in the review.

The IRO should consult the child about their Care Plan at each review and at any time that there is a significant change to the Care Plan. The IRO should meet the child before the first Looked After Review and arrange to meet the child as appropriate in advance of subsequent Looked After Reviews.

The IRO must be satisfied that the wishes and feelings of the child's parents, any person who is not a parent but who has parental responsibility and the current carer (foster carer or registered person in respect of a children's home) have been taken into account as part of the review process.

Wherever possible, the child should be encouraged to chair the meeting and in these circumstances the IRO will assist the child. In all other cases, the IRO will chair the review - see Section 3, Chairing of Reviews. Whether the child chooses to chair or co-chair the review they should be offered the opportunity to set the agenda and highlight areas for discussion.

More than one meeting may be required to ensure the views of relevant people inform the review without the meeting becoming too large. For example it may be appropriate to hold a meeting involving the child prior to a meeting involving the parent to obtain information and ascertain the views of both where the child does not wish to attend a review with his or her parents present.

The IRO is responsible for ensuring that all relevant people, including the child and parents, understand the purpose of the review and have been given appropriate opportunities to contribute and express their views. The IRO should also ensure that relevant consultation has taken place with those professionals who are not in attendance at the meeting.

Where participants' views are not followed, an explanation of the reasons why needs to be provided by the IRO and/or the social worker. Any differences of opinion should be recorded in the minutes. 

If the parent(s) or the child brings a supporter, the IRO will need to explain his or her role, ensuring that the supporter understands that he or she may clarify information but may not cross-examine any contributor.

Where the 'supporter' is a legal representative then the IRO should note The Law Society guidance 'Attendance of Solicitors at Local Authority Children Act Meetings' and related 'Code of Conduct (2011)'.

All solicitors attending these meetings should be aware of the local policies and procedures in respect of Children Act Meetings and of their role in terms of 'Working Together to Safeguard Children' (2015).


The agenda for each review will be agreed at the beginning of the meeting and each participant will be invited to contribute their own items to the agenda and have the opportunity to contribute to the discussion.

The IRO will decide on what actions in principle are necessary to meet the child's reviewed needs and make decisions as to how these should be achieved.

Where a review considers that adoption or long term fostering is the most appropriate way to meet the child's needs, the recommendation is then submitted to the Adoption Panel or Fostering Panel for consideration - see Placement for Adoption Procedure.

The IRO may adjourn a review meeting once, for not more than 20 working days, if not satisfied that sufficient information has been provided by the Local Authority to enable proper consideration of any of the factors to be considered.

The IRO should consider the effects on the child of delaying the meeting, and seek the wishes and feelings of the child, carer and parents where appropriate.

No proposal under consideration at the adjourned review can be implemented until the review has been completed.

It will be necessary for the IRO to ensure decisions are clear and establish who is responsible for action and the timescales agreed for completion. The IRO should ensure that the following are considered and accounted for during the review:

  1. The effect of any change in the child's circumstances since the last review, any change made to the Care Plan, whether decisions taken at the last review have been successfully implemented and if not the reasons;
  2. Whether any change should be sought in the child's legal status;
  3. Whether there is a plan for permanence;
  4. Arrangements for contact/whether there is any need for changes to the arrangements in order to promote contact between the child and parents/other Connected Persons;
  5. Whether the placement continues to be the most appropriate available, whether any change to the placement agreement or any other aspect of the arrangements is likely to become necessary before the next review;
  6. Whether the placement safeguards and promotes the child's welfare, and whether any safeguarding concerns have been raised;
  7. The child's educational needs, progress and development and whether any change is likely to become necessary or desirable before the next review, including consideration of his/her most recent assessment of progress and development; whether the arrangements are meeting the child's educational needs; whether the child has a Personal Education Plan (PEP) and whether its content provides a clear framework for promoting educational achievement;
  8. The child's leisure interests and activities and whether the arrangements are meeting his/her needs;
  9. The child's health report, and whether any change in health care arrangements is likely to be necessary or desirable before the next review; whether the content of the health plan provides a clear framework for promoting the child's health; whether the arrangements are meeting the child's health needs;
  10. Whether the child's needs related to identity are being met and whether any change is required having regard to the child's religious persuasion, racial origin and cultural background;
  11. Whether the arrangements for advice, support and assistance continue to be appropriate and understood by the child;
  12. Whether any arrangements need to be made for the time when the child will no longer be looked after;
  13. The child's wishes and feelings and the views of the IRO about any aspect of the case and in particular about any changes made since the last review or proposed to be made to the Care Plan; whether the plan fulfils the duty to safeguard and promote the child's welfare and whether it would be in the child's interests for an independent visitor to be appointed;
  14. Where the child is placed with parents before an assessment is completed, the frequency of the social worker's visits;
  15. Whether the delegation of authority to take decisions about a child's care continues to be appropriate and in the child's best interests;
  16. Other matters which may arise should also be considered with due regard to the circumstances of the child and the placement.

After the review, the IRO will notify the Social Work Improvement Service of the way in which the child participated in the review, together with the outcome and the date for the next review.

Where there is evidence of care plan drift or concern for a child's safety or wellbeing, the IRO will consider what action is needed to bring this to the attention of the relevant and appropriate managers - see Section 14, Monitoring of Review Decisions.

9. The Role of the Looked After Review in Achieving Permanence for the Child

The Independent Reviewing Officer (IRO) must check that the child's Care Plan includes a Permanence Plan with measurable milestones and a Contingency Plan should the preferred plans not materialise. More than one contingency may be progressed to ensure there is no delay in obtaining permanency and stability for a child.

At the second Looked After Review, there is a requirement to focus on the Permanence Plan, to ensure it provides permanence for the child within a timescale which is realistic, achievable and meets the child's needs.

If it is considered that the chosen avenue to permanence is not viable, the IRO should ensure that the social worker arranges as a matter of urgency to consider the most appropriate permanent alternative.

All subsequent Reviews should review the progress of the Permanence Plan and whether it remains achievable.

All plans for reunification must be detailed and reviewed by the IRO. Regular reports on progress or changes to the plan must be shared with the IRO at agreed intervals.

10. Looked After Reviews Concerning Children in Long Term Foster Placements

Paragraph 4.17 of The Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review sets out that where a child is placed in a designated long-term foster placement and has been in this placement for more than a year consideration should be given to whether it is necessary to hold a meeting as part of each review. Note: a long term fostering placement is only considered as a permanent placement if the placement has been recommended by the Fostering Panel and the ADM (Agency decision Maker) has agreed it.

The guidance requires that the social worker should consult the IRO and the child (where appropriate to age and understanding) in reaching a decision on whether to hold a meeting. Where it is agreed that a meeting will not be held as part of every review a meeting should be held at least once a year. The factors leading to a decision to hold review meetings on a less frequent basis must be recorded in the LAC Review meeting minutes and the child's care plan.

Where a decision is taken that the review process will not include a meeting the IRO must ensure that full consultation with all relevant individuals, including the child, has taken place to inform the review of the child's case.

11. Looked After Reviews on Children who are the Subject of Child Protection Plans

In the vast majority of cases where a child is subject to a Child Protection Plan at the time they become looked after, the IRO will liaise with the CP Chair to agree a date to end the CP Plan. Where possible, this will coincide with the first LAC Review meeting.

In the rare event that a looked after child remains the subject of a child protection plan, there must be a clearly stated rationale as to why this is necessary. There should be a single planning and reviewing process, led by the IRO, leading to the development of a single plan.

The Looked After Review, when reviewing the child protection aspects of the plan, should consider whether the criteria continue to be met for the child to remain the subject of a Child Protection Plan.

Consideration must be given to ensuring that the multi-agency contribution to the review of the Child Protection Plan is addressed within the review of the Care Plan.

The timing of the review of the child protection aspects of the Care Plan should be as in Section 2, Frequency of Looked After Reviews.

12. Recording of Looked After Reviews

It is the responsibility of the Independent Reviewing Officer (IRO) to record the review. A written record of the decisions and recommendations will be completed within 5 working days of the meeting and placed on the child's record. The social worker should alert their line manager who will consider the decisions made at the review - see Section 13, Review Decisions. The social worker is responsible for distributing the decisions to the relevant individuals, including the child and carer.

The full written record of the review will be completed within 15 working days of the review. The full record should contain an accurate and comprehensive record of the meeting, or meetings, which constituted the review and of the views of all those who attended or were consulted as part of the review process. The record should also reflect the review process for a designated long term foster placement where a meeting did not take place. The social worker will send copies out to all relevant parties within 20 working days of the completion of the review. The decisions and minutes should have any identifying details removed as necessary, for example, exceptionally, the address of the placement.

Where parents do not attend the review/part of the meeting or contribute their views in some other manner, a discussion should take place between the social worker and the IRO as to whether it is in the child's interest for the parents to receive a full record of the review, and, if not, what written information should be sent to them. An example would be when a child does not want a parent to have identifying information or confidential information was shared at the meeting which may increase risk if this is shared with others.

13. Review Decisions

The social worker's line manager should consider the decisions made at each Looked After Review within five working days of receiving them and to advise the IRO if they are unable to agree them. Attempts should be made to agree amendments to the decisions and may need to be escalated to senior managers if agreement cannot be reached. If needed the Dispute Resolution procedures may be used.

If no response is received after five working days, the decisions will be considered agreed by the Local Authority and should be implemented within the timescales set out in them. If the decisions cannot be implemented within the agreed timescales or changes impact on implementing the decisions the IRO must be informed and given a reason for non-compliance.

If the senior member of staff disagrees with any of the decisions within the initial five working day period, this should be notified in writing to the IRO and all those who attended the review.

In the first instance the IRO should attempt to resolve the issue informally. If this is not successful the IRO can consider activating the local dispute resolution process - see Section 15, Dispute Resolution.

14. Monitoring of Review Decisions

The Independent Reviewing Officer (IRO) plays an important part in the quality assurance function of the local authority's service for looked after children, it will be important that they recognise and report on good practice by individuals or teams.

It is important for the IRO to have a collaborative relationship with the social workers and their managers.

IROs must complete any required documentation to support the local authority's role as Corporate Parent. This may include monitoring standards for each review, monitoring trends, conducting audits or raising quality assurance alerts. They must report data and information accurately to inform practice improvement and performance management.

Where there is evidence of drift or non-compliance with statutory/local guidance, the IRO should, wherever practicable, address these issues through informal alerts or by contacting the social worker's manager. Where necessary they should use the Quality Assurance Alert and Dispute Resolution procedures.

15. Dispute Resolution

One of the key functions of the IRO is to resolve problems arising out of the care planning process. In the first instance attempts should be made to resolve any concerns informally with the social worker and their manager. The IRO should record any discussions or correspondence on the child's record and set a timescale for the agreed actions.

Every local authority has a formal process in place for IROs to raise concerns and this is referred to as the Dispute Resolution process. The process involves the IRO raising a formal Quality Assurance Alert that can be escalated through levels of seniority if an adequate response is not received.  The IRO can issue a Quality Assurance Alert to the level of manager deemed most appropriate. Timescales are set for the matter to be resolved and the response sent to the IRO; this is usually 7-10 working days. If there is no resolution following escalation of a Quality Assurance Alert, the matter should be brought to the attention of the Chief Executive.

Senior managers must ensure this process is respected and prioritised where actions are required. Reasons for raising a Quality Assurance Alert include, but are not limited to:

  • Information missing/incomplete/poor quality;
  • Placement concerns;
  • Care plan drift;
  • No social worker present at the review;
  • No allocated social worker;
  • Decisions not addressed by subsequent review;
  • Statutory visits not maintained;
  • Young person and/or their sleeping arrangements not seen;
  • Two or more placement breakdowns with no disruption meeting;
  • Two or more placement breakdowns in less than three months without senior manager involvement;
  • Overdue health review;
  • No current PEP;
  • No permanency plan by the second review;
  • Concerns about the quality of life story work.
The IRO has the authority to refer the case to CAFCASS where he or she considers it appropriate to do so and must consider a referral to CAFCASS where, having drawn any failures as set out above to the attention of persons of appropriate seniority in the Local Authority, the issues have not been addressed to his or her satisfaction within a reasonable period of time.