Death or Serious Injury to a Child (Looked After, Child in Need or Care Leaver Up to and Including the Age of 24)

SCOPE OF THIS CHAPTER

This procedure outlines the immediate steps to be taken in the event of the death of or serious injury to a child living in Merton (where there are suspicions of abuse or neglect) and the death of/serious injury to any Child in Care (whether or not the abuse or neglect is known or suspected) within Merton.

These steps are in addition to any Rapid Review or Child Safeguarding Practice Review which may be commissioned and the work of the Child Death Overview Panel. Note: local authorities in England must notify the national Child Safeguarding Practice Review Panel within 5 working days of becoming aware of a serious incident.

This procedure uses the expression Designated Manager (Death of a Child). This Designated Manager must also be notified in circumstances where there is a serious injury to a child. Within Merton the Designated Manager (Death of a Child), is the Assistant Director, and the Principal Social Worker, Safeguarding Standards and Training.

Also see: Local Resources.

AMENDMENT

In June 2024, this chapter was updated in line with Working Together to Safeguard Children. A new Section 3, Death of a Care Leaver Up to and Including the Age of 24 was also added.

1. Death of or Serious Injury of a Child in the Community where there are Suspicions of Abuse or Neglect

Local authorities in England must notify the national Child Safeguarding Practice Review Panel (the Panel) within 5 working days of becoming aware of a serious incident.

Serious incidents which should be reported are those where the local authority knows or suspects that a child has been abused or neglected and:

  • The child dies (including suspected suicide) or is seriously harmed in the local authority's area;
  • While normally resident in the local authority's area, the child dies or is seriously harmed outside England

The process for reporting a serious incident to the Panel via the Child Safeguarding Incident Notification System is set out in the following: Report A Serious Child Safeguarding Incident (GOV.UK). The Panel will share all notifications with Ofsted and the DfE

The following tasks are also required:

1.1

The allocated social worker or, if not previously known to Children's Social Care, the duty social worker receiving the information will:

  1. Immediately inform their supervisory line manager; which is likely to be the Team Manager;
  2. Obtain as much information as possible on the circumstances surrounding the cause of death/serious injury and pass this to their Team Manager;
  3. Complete a leadership alert, refer this to their HOS who will share with the Assistant Director and Director for children and young people. See Leadership Alert Policy.
1.2 The social worker's supervisory line manager will immediately inform their HOS and Principal Social worker and provide a case analysis in writing as soon as possible afterwards.
1.3

The relevant Head of Service will:

  1. Inform the Director of Children, Schools and Families and the Assistant Director, who will notify the local authority members as necessary;
  2. Ascertain in full the specific details of the child's death from the Police or other reporting source;
  3. Request that the Team Manager checks Merton's social care information system records on the child and their family and confirm any information held;
  4. Collect any hard copy archived and/or current files held on the child and their family and secure them at Civic Centre, London Road, Morden, SM4 5DX;
  5. Arrange through the Team Manager that the relevant partnership agencies are duly informed of the death/serious injury and remind them to secure their files;
  6. Consider the circumstances of the death/serious injury, in accordance with the Local Safeguarding Children Board Procedures and Merton Safeguarding Children's Board Procedures, including the need to hold a Rapid Review and, where a child has died, a referral to the Child Death Overview Panel.
1.4

Local authorities should use the Child Safeguarding Incident Notification System to notify the Panel. The Panel will share all notifications with Ofsted and the DfE. The report is submitted online and the contents entered must be reviewed by the Designated Manager before it is submitted. The form requires a range of information and is set out clearly in sections. Before you start you will need:

  • Your sign in;
  • Your phone number and email address;
  • Name of each child you are notifying;
  • Details of the incident.

A copy of the completed form should be saved and printed out for the records.

In urgent situations, the Principal Social worker, Assistant Director or Director of Children's Services should telephone Ofsted on 0300 123 1231 and then complete the form. E-mail mailbox.nationalreviewpanel@education.gov.uk if you have any queries.
1.5 Where a Child Safeguarding Practice Review is to be held, the Assistant Director, Children's Social Care and Youth Inclusion will determine the most appropriate person to carry out the Internal Management Review (IMR) of the case within Children's Services. This review must be written in accordance with the expectations that are set out in Working Together to Safeguard Children and the Local Safeguarding Children Partnership Procedures. This will include the preparation of a detailed Chronology of what is contained in the records, the carrying out of interviews with members of staff where necessary, a critical analysis of the social work practice and an action plan based on the report findings and recommendations. Prior to presenting the IMR to the Child Safeguarding Practice Review local Panel, the author should consult with the Assistant Director, Children, Schools and Families, who must endorse the report.
1.6 The recommendations and action plan of the Internal Management Review report should be reported to the Senior Leadership Team of Children's Services as well as to the Merton Safeguarding Children Partnership, together with a report of any follow-up action. The recommendations and action plan should also be fed back to all relevant staff by the Designated Manager (Death of a Child) or their nominee.

2. Death of, or Serious Injury, to a Child in Care

Where information comes to notice of the death of or serious injury to a child in care, the following tasks are required.

2.1

The child's social worker will:

  1. Immediately inform their line manager and Head of Service;
  2. Notify the parent(s) immediately and in person, if possible;
  3. In the event of a child's death, discuss with the parent(s) and reach agreement regarding the arrangements for the funeral (in the event of sudden, unexplained deaths arrangements for the funeral may need to be delayed);
  4. In the event of a serious injury to the child, arrange with the parent(s) to visit the child in hospital;
  5. Obtain as much information as possible on the circumstances surrounding the cause of death/serious injury and pass this to their line manager; and
  6. Discuss with the line manager any necessary expenditure including reasonable travel expenses to assist the family in attending the funeral or visiting the child in hospital where it appears there is financial hardship;
  7. Where the child was in a long term foster placement, discuss with the line manager any possible conflict between the carers and the parents regarding arrangements for the child's funeral.
2.2

The line manager will:

  1. Immediately inform their Head of Service and provide follow up information in writing as soon as possible afterwards;
  2. Complete a Leadership Alert (Local Resources);
  3. Advise Merton's Legal Department initially by telephone, then confirm details in writing; and
  4. Contact the Insurance Section of the Finance Department, initially by telephone and then in writing.
2.3

The relevant Head of Service will:

  1. Inform the Assistant Director and Director of Children's Services, who will come to a decision about whether to notify the local authority Members;
  2. Ensure that the parents' wishes concerning the funeral are discussed (by the social worker or the team manager), that any possible conflict with the wishes of the carers are also ascertained and addressed, and that any appropriate associated costs are met;
  3. Come to a decision about the need for an internal management review of the case and if so, the appropriate person to conduct the review;
  4. Where a review is to be conducted, collect any files held on the child and family and secure them in the correct office location;
  5. Arrange through their administrative staff how to inform other relevant agencies about the death/serious injury and remind them to secure their files where a review is likely to be required;
  6. Arrange, in consultation with the Head of Service and \Principal Social worker, appropriate meetings under the Local Safeguarding Children Partnership Procedures, including the need to hold a Rapid Review;
  7. Additionally, whenever a Looked After Child dies, the local authority must inform the national Child Safeguarding Practice Review Panel within 5 days using the Child Safeguarding Incident Notification System.
2.4 The report to the national Panel is the same as the previously outlined online report above. In the event of a Child Safeguarding Practice Review and/or internal management review being required, the steps outlined in Section 4, Needs of Social Worker/Team/Manager/Carer should be followed.

3. Death of a Care Leaver Up to and Including the Age of 24

Working Together to Safeguard Children provides that the local authority should also notify the Secretary of State for Education and Ofsted of the death of a care leaver up to and including the age of 24. This should be notified via the Child Safeguarding Online Notification System. The death of a care leaver does not require a rapid review or local child safeguarding practice review. However, safeguarding partners must consider whether the criteria for a serious incident have been met and respond accordingly, in the event the deceased care leaver was under the age of 18. If local partners think that learning can be gained from the death of a looked after child or care leaver in circumstances where those criteria do not apply, they may wish to undertake a local child safeguarding practice review.

4. Needs of Social Workers/Team/Manager/Carers

During the implementation of this procedure consideration must be given to the needs of those staff and carers involved in the case.

The impact of a child death on social workers / team / manager / carer(s) needs to be addressed in terms of:

  • The need for counselling for those involved;
  • The manner in which such support is offered;
  • The provision of access to legal and professional advice about the ongoing conduct of the case;
  • The provision of a clear explanation of the process of a Child Safeguarding Practice Review;
  • Support for staff in the event of Police investigation/interviews;
  • The need to inform and keep informed any relevant Trades Unions;
  • The need for team debriefing whilst observing confidentiality. This must be discussed with the Head of Service;
  • The need to acknowledge that a child death can impact on the productivity of any team and its ability to function; and the need to agree strategies to manage workloads.