Looked After Reviews

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 them within a timescale that meets their 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.

It is important that decisions taken at Looked After Reviews are implemented and responsibility for actions clearly defined and evident from the decision making process.

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);
• Education, Health and Care Plan;
• Any Other Relevant Reports that can feed into these current plans.

The review should also take account of the child's Placement Plan (recorded on the Placement Information Record) and 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

3. Chairing of Reviews

Independent Reviewing Officers (IRO's) will chair reviews. In Merton they are located within the Quality Assurance and Practice Development Team and their work is overseen by the Quality Assurance Team Manager (IRO/CP).

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

See also Appointment and Role of the Independent Reviewing Officer Procedure.

4. Convening Looked After Reviews

4.1 Arranging the first review

As soon as a child becomes Looked After, the allocated social worker must notify the LAC Safeguarding Administrator within the Quality Assurance and Practice Development Team This would usually be actioned by or secure email by recorded on the social care information system.

Within Merton the social worker may delegate this task through their Team Administrator.

This will trigger the appointment of an Independent Reviewing Officer (IRO) for the child. The IRO will then agree the date, time and venue of the child's first Looked After Review. The venue will be agreed in advance with the social worker and the allocated IRO - ideally the review should take place at the child's placement, however in exceptional cases the venue may be, for example the child's school or if in Merton one of the following Council locations:

• Civic Centre, London Road, Morden SM4 5DX;
• Bond Road Family Centre, 55 Bond Road, Mitcham, CR4 3HJ;
• Polyclinic, Birches Close, The Cricket Green, Mitcham, Surrey, CR4 4LQ.

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 and the views of the child.

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 and the Quality Assurance and Practice Development Team who will inform the other participants.

In the event of a key participant being unwell 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.

5. Invitations and the Child's Participation (Child Focussed LAC Reviews)

Fostering best practice the social worker should have a discussion with the child (subject to their age and understanding) before the meeting. This should include sharing who has been invited and where the meeting will be held, if not the child's placement and answering any questions that may emerge from their discussions.

Invitations to LAC reviews will be the responsibility of the allocated social worker. They should have also confirmed the date and time with the LAC Safeguarding Administrator within Quality Assurance and Practice Development Team. Invitations to reviews and consultation documents should be sent out to all those participating in the review no later than 10 working days before the meeting.

The following people should be invited following consultation with the child / young person:

• The child;
• It is fostering best practice that the child will be encouraged and supported to attend their LAC review. A child with a disability must not be a reason to prevent their attendance; The IRO may decide to select a times slot that the child will actively participate within the LAC review to allow other areas of discussion to take place with the core professionals (if required);
• The parents and/or those with Parental Responsibility, foster carers and any significant others should be consulted if they are involved in the case (except as set out below);
• The supervising social worker, if the child is placed with foster carers;
• The named key worker if the child is in a residential placement;
• The Designated Teacher for Looked After Children from the child's school or educational setting and/ or a representative of the Virtual School so they are involved from the outset;
• If the child is over the age of 16 the Family Support Worker/Other whom is steering their Pathway Plan;
• An Independent Visitor, if there is any involvement;
• If required, an interpreter and ensure that they are pre briefed and introduced to the child prior to the review, if at all possible;
• Any other person with a legitimate interest in the child e.g. previous carer, health care professional, GP, a representative from the Local Authority, if the child is not already placed there. (Such attendance should always be discussed with the child before invitations are made and his/her views obtained).

Participation

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.

The involvement of children and young people in LAC reviews must take into account the range of age, ability and communication requirements of the individual child, however ensuring participation of all our children in their LAC reviews should be a priority for social workers and IRO's.

It is important for social workers, IRO's and carers to explore different methods to engage these young people and to help them understand the importance of expressing their views. Young people need to know that their views are valued and respected, even if sometimes they may not get what they want. Feedback and explanation for decisions taken are essential to achieving this. Arrangements for reviews are also important e.g. venue, attendance, timing etc.

LAC Reviews

The purpose of the LAC review is to monitor the progress of achieving the goals set out in the care plan and to make decisions to amend the plan as necessary in light of changed information and circumstances.

Reviewing must be understood as a flexible process that will vary in relation to each child. It may be one standalone meeting attended by all the relevant people in the child's life, or a number of meetings, with one central meeting attended by the IRO, the child, the social worker and some of the relevant adults in the child's life. It will be for the IRO and the social worker, in consultation with the child, to agree the best way to manage the process for each child before each review.

A review is made up of a number of elements:

• Preparation;
• Consultation;
• Gathering information;
• Consideration of the information;
• Revising the Care Plan.

For further information please see the IRO Handbook and The Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review.

Tracking of LAC reviews

• A monthly tracking meeting attended by the Head of Service (LAC, Permanency & Placements), Head of Service (QAPD) and the IRO Manager will be held to identify the LAC reviews that are planned for the following 3 month period. The meeting will enable managers to track reviews where young children and young people are of an age where they should be consulted about chairing their LAC review. Following the meeting the IRO Manager and Head of Service (LAC, Permanency & Placements) will liaise with the IRO and social worker to ensure that they are aware of their roles and responsibilities as set out below:

The Role of the Social Worker

• Social workers should meet with the child or young person 6 weeks before a review meeting and explain the purposes of the review, agree what they would like to have discussed and explain what other agenda items may be included. The social worker will determine how the child or young person would like their views expressed and who, if anyone, (foster carer, social worker, advocate etc.) they would like to help them express their views;
• The social worker will ensure that the child/young person has a copy of the LAC consultation papers. If required the social worker will support child/young person to identify a person to help them with the completion of the papers and ensure that they are sent to the IRO in time for the LAC review meeting;
• A discussion should also be held with the young person as to whether they would like to chair or co-chair their LAC review - the meaning behind this will need to be explained to the child/young person and a meeting then set up with the young person and the IRO so that they can plan the meeting (the child/young person can decide whether they want someone from the advocacy service to support them with this);
• The social worker will also confirm who the child/young person would like to attend the review meeting and their preference for where the meeting should take place. If they do not wish any key persons e.g. parent, to attend the same meeting as they do, alternative arrangements with IRO to be made to obtain those persons views (it may be that the review meeting is held in 2 parts or that a separate meeting or telephone discussion is held);
• The social worker is responsible for ensuring arrangements are made to fulfil the child's or young person's preferences or explain why they cannot be facilitated and put in place alternative acceptable arrangements;
• The social worker should meet with the IRO to advise them of the requested arrangements for the review meeting;
• If a child or young person agrees, the social worker may delegate any of the above roles to another person e.g. carer if appropriate but the social worker remains responsible for ensuring it is carried out.

The Role of the IRO

• The IRO will offer to meet separately with the child or young person 2-3 weeks before a LAC review to ensure they understand the purpose of the review and ascertain their views;
• The IRO will support the child/young person to decide whether they want to chair/co-chair their LAC review;
• The IRO will explain how the child or young person's views can influence decisions made at their LAC review as well as decisions made in other forums e.g. court. They will provide information on how the child or young person can challenge decisions or seek changes through the advocacy service and complaints procedures. The child or young person will also be informed at the LAC review that they can seek clarification from the IRO following the review of any decision made;
• The IRO will ensure that the child/young person has received consultation papers and has support (if needed) to complete these. If already completed the IRO can collect the consultation papers in preparation for the LAC review meeting;
• The IRO will include in the agenda for the review areas the child or young person wishes to be addressed. If this is not possible they will explain why the meeting cannot address these issues and where they can be addressed.

The LAC Review Meeting

• The agenda should include areas requested by child/young person, preferably these areas should be discussed at or near to the beginning of review Meeting. The child or young person may wish to attend just a part of meeting which addresses their identified issues;
• The LAC review should be carried out in a child/young person centred way, and wherever possible the child/young person will be involved in the chairing of the meeting. Any discussion that the child or young person does not wish to be involved in, or which are not appropriate for their age/understanding, may take place without them present, with reasons recorded;
• When arranging the next LAC review date, place and attendees, the child or young person's views and preferences to be noted for implementation if possible;
• The child or young person's preference for consultation and participation at next review to be discussed and agreed.

After Statutory Review

• The child or young person should receive copy of the LAC review minutes within 2 weeks of review date and have these explained to them by the social worker or IRO. The review report should be written in language easily understood by the child or young person or have a child's version of discussion and decisions (i.e. consideration should be given to a child level summary);
• The child/young person may seek clarification of any LAC review decision from the IRO or Team Manager;
• Where required or requested the IRO will meet with the child or young person to discuss the LAC review outcomes (we should consider offering a post meet as standard);
• If the child or young person has not attended the LAC review meeting or expressed their views by another means, the IRO will make further attempts as soon as possible after the review but within a 4 weeks following the review to determine their views and record these as an addendum.

Feedback/QA Monitoring

The IRO will complete the QA template that will ensure that we are gathering the participation information (this template will be reviewed to ensure that we are collecting relevant information).

The social worker should ensure that the child, their foster carer's and their families have been given information about Merton's Complaints Procedure, if the they wish to complain. They should provide the child with details of an independent advocacy services who may provide support if the child requires it.

See Section 7, Supporters and Interpreters.

A decision not to invite a child or 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 case file record on the social care information system.

6. The Role of the Social Worker

The social worker must discuss the purpose of the review with the child, parents and carers and consult the child about invitations before the review meeting.

Where the child wishes to chair their 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 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 they believe 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 must ensure the IRO has updated and clear information of the child's legal status and the Court timetable and if the is any risk of the case not concluding at time, due to any other barriers.

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

The social worker must send the IRO the following documents 3 working days before an Initial Review and 5 working days before a subsequent review:

• Review of Arrangement Report;
• Care Plan or Pathway Plan.

Copies of these documents should be brought to the review by the social worker for all review participants.

In addition, the social worker should bring to the review the following documents for the IRO:

• All completed consultation documents (the social worker is responsible for sending these to the child, foster carers, child's placement and family members as appropriate);
• Health Care Plan;
• Personal Education Plan;
• Education, Health and Care Plan;
• Any other relevant reports by professionals.

It is not necessary to copy these for all participants. The IRO may have a pre-meeting with the social worker to review the relevant aspects of the Health Action Plan and Personal Education Plan. The IRO will then summarise these documents during the review and provide information about the discussion with the social worker as appropriate.

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 and updated if relevant.

The social worker should also ensure that the child's Placement Plan (recorded on the Placement Information Record) is updated.

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.

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 arrangements 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 the 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 centred and has a holistic overview and that the child's views and wishes are heard. They should be satisfied that a child with a disability is able to contribute fully and effectively be presented at the review: refer to Merton Council website.

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.

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 their 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.

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.

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 friend/supporter, the IRO will need to explain their role, ensuring that the friend/supporter understands that they may clarify information but may not cross-examine any contributor.

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 recommendations 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. Fostering and Permanence 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 LAC Administrator 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 poor practice, 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 including Concurrent Planning and Connected Person placements with measurable milestones and a Contingency Plan should the preferred plans not materialise.

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.

Where a plan for rehabilitation of the child has not been achieved, the Review should seek to establish whether the lack of progress is as a result of drift or whether there are valid child-centred reasons, properly recorded and endorsed by the social worker's manager. No further rehabilitation plan should be recommended unless there are exceptional reasons justifying such a plan or where further assessment is specifically directed by the Court. In this case, the Parallel Plan must include the active pursuit of an alternative placement for the child.

All subsequent Reviews should review the progress and validity of the Permanence Plan.

Children who are Section 20 Accommodated (Children Act 1989): IROs should pay particular regard to children accommodated under S.20 to ensure there is appropriate progression of their plans and that there are no delays in respect of them having 'permanence', (which should include a return home). A High Court judgement (see Herefordshire Council v AB [2018] EWFC 10 rtf) was critical of protracted delay in a child's planning and failure to respond to a parent's request to have a child return home to their care under S.20(8). Further, that the IRO, whilst recognising the issues of delay and planning, and highlighting these to managers, did not respond more robustly (see Section 15, Conflict Resolution).

The judgement considered that in circumstances where the threshold criteria (for Care/ Supervision Orders) under Section 31 Children Act 1989 are met, (i.e. where a child is at risk of significant harm, or the likelihood of significant harm), then care proceedings should be issued without delay.

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

The March 2015 Statutory Guidance - "Permanence, long-term foster placements and ceasing to look after a child" 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.

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 child's Care Plan.

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

Where a looked after child remains the subject of a Child Protection Plan, there should be a single planning and reviewing process, led by the IRO, leading to the development of a single plan.

Consideration should be given to the IRO chairing the Child Protection Conference where a looked after child remains subject to a Child Protection Plan. Where that is not possible, it will be expected that the IRO will attend the Child Protection Review Conference.

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.

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.

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 by the Independent Review Officer within 5 working days of the meeting. This should also be sent to the designated senior manager who will consider the decisions made at the review - see Section 13, Review Decisions.

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 decisions 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 and 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. Examples of where this should be a consideration are where there is a 'no contact order' or supervised contact only.

13. Review Decisions

The social worker's supervisory manager, i.e. a Assistant Team Manager or Team Manager should consider the decisions made at each Looked After Review within five working days of receiving them and to advise the IRO and all those who attended the review if they are unable to agree them.

If no response is received the decisions should be considered agreed by the Local Authority and should be implemented within the timescales set out in them.

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

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.

Monitoring sheets must be completed by the IRO after every review meeting in order that accurate data is reported for audit, quality assurance and individual performance management. This information is then coordinated by the LAC Administrator and sent on a monthly basis to the relevant managers.

15. Dispute Resolution

See also Dispute Resolution for Independent Reviewing Officers.

Where the IRO believes that the Local Authority has failed in any significant respect to prepare the child's Care Plan; review the child's case or effectively implement any decision in consequence of a review; or are otherwise in breach of their duties to the child in any material respect, the following local procedure will apply.

The IRO has the authority to refer the case to CAFCASS where they consider 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 their satisfaction within a reasonable period of time.

(See also DfE, Independent Reviewing Officers' Handbook, 2010)