3.5 Initial Child Protection Conferences

Purpose of Initial Child Protection Conference
When an Initial Child Protection Conference should be Convened
Timing of Initial Child Protection Conference
Who should Attend?
Required Quorum for Conferences
Enabling Parental Participation
Criteria for Excluding Parents or Restricting their Participation
Enabling Children’s Participation
Pre-birth Conferences
Convening the Conference
Responsibilities of the Social Worker before the Conference
Responsibilities of other Professionals/Agencies
Responsibilities of the Independent Conference Chair
Dissent from the Conference Decision
Minutes of Child Protection Conferences

1. Purpose of Initial Child Protection Conference

The Initial Child Protection Conference brings together family members, the child (where appropriate), supporters and those professionals most involved with the child and family to share information, assess risks and to formulate an agreed plan of management and services, with the child’s safety and welfare as its paramount aim. This will include a decision as to whether a child should be made the subject of a Child Protection Plan.

Within this, there are the following tasks:

To share and evaluate information in a multi-disciplinary setting about the family history, the child’s health, development and functioning, the parent/carer’s capacity and the family’s circumstances to ensure the child’s safety and promote his or her well being
To consider the evidence and form a view about the likelihood of the child suffering Significant Harm in the future and decide whether the child is at continuing risk of Significant Harm.
To decide whether the child should be made subject to a Child Protection Plan
If so, to agree an inter-agency Child Protection Plan setting out how that action will be taken forward and with what intended objectives, outcomes and time-scales.
To nominate a Keyworker, to develop, co-ordinate and implement the Child Protection Plan
To identify the membership of the multi agency Core Group to develop and monitor the Child Protection Plan
To set the date for the first Core Group meeting to take place within 10 working days of the Conference
To set the date for the Child Protection Review Conference
Where the child does not require a Child Protection Plan but is considered to be a Child in Need, to recommend if appropriate that a Family Group Conference or Family Support Conference is convened and services are provided to promote the child’s health or development.

2. When an Initial Child Protection Conference should be Convened

An Initial Child Protection Conference must be convened when it is believed that a child may continue to suffer or to be at risk of suffering Significant Harm.

The conference must consider all the children in the household, even if concerns are only being expressed about one child.

The Children, Young People and Families Assessment Team unit manager is responsible for making the decision to convene an Initial Child Protection Conference in conjunction with the Independent Conference Chair and the reasons for calling the conference must be recorded.

Where a senior manager from another agency requests that an Initial Child Protection Conference is convened, this request will be given serious consideration by the Children, Young People and Families manager and a response will be given in writing. Where any issue of professional difference is not resolved, see Resolving Professional Disagreements in Individual Cases Procedure.

An Initial Child Protection Conference will normally be convened under the following circumstances:

Following a Child Protection Assessment, where it is believed that a child is at risk of suffering or may continue to suffer Significant Harm and that following assessment and analysis an Initial Child Protection Conference is deemed to be the most appropriate means of affording the child protection;
Where a child is living in a household with a person assessed as presenting a risk to children or such a person is regularly visiting or about to become a member of a household with children;
Following a Child Protection Assessment, where a Child Assessment Order or Emergency Protection Order has been made;
Following a Child Protection Assessment, where a child lives in, or is born to, a household in which resides another child who is the subject of a Child Protection Plan;
Following a Child Protection Assessment, where a child who is already the subject of a Child Protection Plan moves into the area, unless the home authority is to retain responsibility for the case (see Children Moving across Boundaries Procedure)

These children will be the subject of Child Protection Assessments initiated at the point of notification to Children, Young People and Families that the child is residing the area and where there is a request for transfer of case responsibility.

The outcome of the Child Protection Assessment will inform the Initial Child Protection Conference at the point of transfer. NB the 15 days time frame applies to this situation in the same way as for all Child Protection Assessments (see Section 3, Timing of Initial Child Protection Conference).
Where a child returns to the care of or resumes direct contact with an adult who may have previously caused Significant Harm to this or another child
Following a Child Protection Assessment, where the risks to an unborn child may be such as to indicate the need to develop a Child Protection Plan before birth;
Where a child has sexually assaulted another child or there is a risk of such an assault occurring to another child in the same household or in regular contact with the household (in which circumstances a separate Child Protection Conference , Family Group Conference or Family Support Conference should be held in respect of each child.

3. Timing of Initial Child Protection Conference

All Initial Child Protection Conferences should take place within 15 working days of the:

Strategy Discussion/Meeting (or last Strategy Discussion/Meeting if more than one has been held) or
Notification by another local authority that a child subject to a Child Protection Plan has moved into the area

The urgency of the situation, however, may dictate that the timescale is shorter. The precise timing will depend upon the urgency of the case and on the time required to obtain relevant information about the child and the family. It is important that the timescale balances avoidance of drift against the need for adequate protection and assessment, to enable the conference to reach well-informed decisions based on evidence.

The Initial Child Protection Conference should, where possible, be held before the expiry of an Emergency Protection Order, if further legal action is planned. Where a Child Assessment Order has been made, the conference should be held immediately on conclusion of examinations and assessments.

In the exceptional circumstance of complex enquiries or pre-birth assessments, the Initial Child Protection Conference may be delayed. Any such delay must have written authorisation from the relevant Children, Young People and Families Assessment Team unit manager. The decision and the reasons for the delay must be recorded. The reasons for the delay will also be recorded in the conference minutes.

In these cases, the unit manager must also arrange to notify all relevant agencies of the delay and ensure that risks to the child are monitored and a short term Child Protection Plan with clear roles and responsibilities, based on the outcome of the Child Protection Assessment, is in place to safeguard the child until the Conference is held. See also Section 10, Medical Assessments of the Child Protection Assessment and Core Assessment Procedure.

4. Who should Attend?

The conference should consist of the smallest number of people consistent with effective case management, but the following should normally be invited:

The child and/or his/her representative or advocate where deemed to be age appropriate
Parents and those with Parental Responsibility and /or family members
The child’s social worker
The child’s carer
The Police Child Abuse Investigation Unit
The relevant Health Trust staff involved with the child/ren - e.g. health visitor, school nurse,
The child’s GP and the parent’s GP (if different)
Schools for all children of school age in the household
Probation service
The Paediatrician responsible for any Medical Assessment of the child

In addition, attendees may include those whose contribution relates to their professional expertise and/or knowledge of the family and/or responsibility for relevant services, and should be limited to those with a need to know or who have a contribution to make to the assessment of the child and family. These may include:

Legal services - if it is anticipated that legal advice will be required (although this should usually be sought beforehand)
The Children’s Guardian and the child’s solicitor where there are current Court proceedings
Health services involved with parent(s)/carers e.g. specialist doctors, psychiatrists, psychologists
Midwifery services where the conference concerns an unborn or new-born child (see Section 9, Pre-birth Conferences)
Education Welfare Service
Family Placement Service (with or on behalf of a foster carer)
Housing services
Mental Health (Adult or Child) Services
Alcohol and substance abuse services
Domestic Violence Officers
Any professional or service provider involved with the children or adults in the family, including foster carers, residential staff and/or early years staff
A representative of the armed services, where relevant
Any other relevant professional or service provider
Supporter, friend or solicitor for the child and parent/carers (and/or the child’s advocate)

A professional observer can only attend with the prior Consent of the Independent Conference Chair and the family, and must not take part in discussions or decision-making. This may be for the observer’s professional development or to assist in the process of whether professional standards are being met. Requests must be made to the Independent Conference Chair at least 3 days in advance of the conference. Only one observer will be permitted to attend, subject to consent being given.

Professionals who are invited but unable to attend for unavoidable reasons should:

Arrange wherever possible for another agency representative to attend
Inform the conference administrator and Independent Conference Chair
Submit a written report

The time of day at which a conference is convened should be determined to facilitate attendance of the family and key contributors.

5. Required Quorum for Conferences

The primary principle for determining quoracy is that there should be sufficient agencies present to enable safe decisions to be made in the individual circumstances.

Normally, minimum representation is the social worker and at least two other agencies which have had direct contact with the child and family.

Where a conference is inquorate, the Independent Conference Chair should consider whether it is in the child’s interests to proceed or not. If the conference does not go ahead, the Independent Conference Chair must ensure that either:

A short term Child Protection Plan is produced; or
The existing plan is reviewed with the professionals and family members that do attend, in order to safeguard the welfare of the child/ren; and
The conference is adjourned for the shortest possible time – any extension to this time must be recorded in the conference minutes

Having regard to the impact upon the child and family of a postponement, the Independent Conference Chair may decide to proceed with the conference despite lack of agency representation.

This would be relevant where:

The child has not had relevant contact with 3 agencies – e.g. pre-birth conferences
Where sufficient information is available, including where written reports from non-attendees have been submitted
Where previous conferences have been inquorate and/or there is unlikely to be greater attendance at a future conference and
A delay will be detrimental to the child

Where an inquorate conference is held, any decisions made will be regarded as provisional and the Independent Conference Chair will write to the agencies invited but not represented seeking their views in writing within 14 days of receiving the minutes. The final decisions will then be confirmed in writing to all relevant agencies, the child (if of sufficient age and understanding) and the parents within 28 days of the minutes being distributed. In the event of a disagreement with the provisional decision, the Independent Conference Chair will consider the need for an early Review Conference to be arranged.

6. Enabling Parental Participation

All parents and persons with Parental Responsibility must be invited to conferences (unless exclusion is justified as described below). Parents will be encouraged to contribute to conferences; usually by attending, unless it is likely to prejudice the welfare of the child. See Section 7, Criteria for Excluding Parents or Restricting their Participation.

6.1 Role of the Social worker

The social worker must facilitate the constructive involvement of the parents by ensuring in advance of the conference that they are given sufficient information and practical support to make a meaningful contribution.

Explicit consideration should be given to the potential of conflict between family members and the possible need for children or adults to speak without other family members present.

The social worker must explain to parents/carers the purpose of the meeting, who will attend, the way in which it will operate, the purpose and meaning if their child is deemed to require a Child Protection Plan and the Conference Complaints Procedure.

The parents should be provided with a copy of the leaflet “A Guide to Child Protection Conferences – information for parents, carers and children”, which includes information regarding the right to bring a friend or supporter (including an advocate for the child or children) or solicitor (in the role of supporter for the parent), details of the local Advice and Advocacy Services and the Complaints Procedure.

Invitations for the parent(s) to attend the conference should be conveyed verbally by the social worker and will be confirmed in writing by the Child Protection Conference Administrator.

Provision should be made to ensure that visually or hearing impaired or otherwise disabled parents/carers are enabled to participate, including whether they need assistance with transport to enable their attendance. Advice on this should be sought from the Children with Disabilities Team where necessary.

Preparation should also include consideration of childcare arrangements to enable the attendance of parents.

Those for whom English is not a first language must be offered and provided with an interpreter, if required. A family member should not be expected to act as an interpreter of spoken or signed language.

If parents do not wish to attend the conference they must be provided with full opportunities to contribute their views. The social worker must facilitate this by:

Enabling the parent to write, or tape, or use drawings to represent their views
Arranging for the parents to meet the Independent Conference Chair prior to conference
Agreeing that the social worker, or any other professional, expresses their views

The level and manner of the supporter’s involvement in the conference will be negotiated beforehand with the Independent Conference Chair. Supporters may seek clarification of information given by a conference member through the Independent Conference Chair, but they will not be allowed to question conference members directly.

6.2 Role of the Independent Conference Chair

Immediately prior to the conference, the Independent Conference Chair should meet with any family members to ensure they understand the process. This may, where the potential for conflict exists, involve separate meetings with the different parties.

The Independent Conference Chair will ensure that all those participating in the conference, including supporters, understand the issues of confidentiality involved.

7. Criteria for Excluding Parents or Restricting their Participation

In circumstances where it may be necessary to exclude one or more family members from part or all of a conference, the request to exclude or restrict a parent’s participation should be discussed with the Independent Conference Chair and confirmed in writing if possible at least 3 days in advance.

The agency concerned must indicate which of the grounds it believes is met and the information or evidence the request is based on. The Independent Conference Chair must consider the representation carefully and may need legal advice.

Before making a decision, the Independent Conference Chair should obtain and consider the views of all professionals invited. The decision should be made according to the following criteria:

Indications that the presence of the parent may seriously prejudice the welfare of the child, for example where information shared could further victimise the child or increase the child’s vulnerability to further abuse
Sufficient evidence that a parent/carer may behave in such a way as to disrupt the conference such as violence, threats of violence, racist, or other forms of discriminatory or oppressive behaviour or being in an unfit state e.g. through drug, alcohol consumption or acute mental health difficulty (but in their absence a friend or advocate may represent them at the conference)
A child’s request that the parent/person with Parental Responsibility or carer is not present while s/he is present
The need (agreed in advance with the Independent Conference Chair) for members to receive confidential information that would otherwise be unavailable, such as legal advice or information about a third party or criminal investigation
Conflicts between different family members who may not be able to attend at the same time e.g. in situations of domestic abuse
The need to present information to the conference which, if shared with certain family members, might increase the risk to the child
Where attendance by a known, alleged or suspected perpetrator may threaten or otherwise place the child at risk
Where the parents’ presence may prejudice any legal proceedings or Police investigation, for example because they have yet to be interviewed or because Bail conditions restrict their attendance
Where there is a serious threat of violence toward any person at the conference

Exclusion at one conference is not reason enough in itself for exclusion at further conferences.

The possibility that the parent may be prosecuted for an offence against a child is not in itself a reason for exclusion although in these circumstances the Independent Conference Chair may take advice from the Police and, if criminal proceedings have been initiated, the Crown Prosecution Service, about the implications arising from an alleged perpetrator’s attendance.

If the Independent Conference Chair makes a decision to exclude or restrict the participation of a parent, the decision should be communicated in writing to the following people:

The person making the request
All other professionals invited to the meeting
The parent concerned – unless a decision is made that they should not be informed at all of the conference (see below).

The letter must be signed by the Independent Conference Chair and set out

the reason for exclusion or restriction
an explanation of any other methods the parents have open to them to ensure their views and wishes are considered
how the parents will be told the outcome of the conference
the Conference Complaints Procedure

Any exclusion period should be for the minimum duration necessary and the decision to exclude must be clearly recorded in the conference minutes. Where exclusion is for a short period only for a specific purpose, parents should rejoin the meeting as soon as this has taken place and the Independent Conference Chair will summarise the appropriate points which occurred during their absence, mindful of the need to respect any issues of confidentiality.

Those excluded should usually be provided with a copy of the social worker’s report to the conference and be provided with the opportunity to have their views recorded and presented to the conference.

If, in planning a conference, it becomes clear to the Independent Conference Chair that there may be conflict of interests between the child or children and the parents, the conference should be planned so that the welfare of the child/children can remain paramount.

This may mean arranging for the child or children and parents to participate in separate parts of the conference and make separate waiting arrangements.

It may also become clear in the course of a conference, that its effectiveness will be seriously impaired by the presence of the parent/s. In these circumstances, the Independent Conference Chair may ask them to leave.

Where a parent is on Bail, or subject to an active police investigation, it is the responsibility of the Independent Conference Chair to ensure that the Police can fully present their information and views and also that the parents participate as fully as circumstances allow.

The decision of the Independent Conference Chair over matters of exclusion is final.

Where a parent/carer attends only part of a conference as a result of exclusion, s/he will receive the record of the conference. The Independent Conference Chair should decide if the entire record is provided or only that part attended by the excluded parent/carer.

8. Enabling Children’s Participation

8.1 Involving the Child

The child must be kept informed and involved throughout the Child Protection Assessment and, if their age and level of understanding is sufficient, should be invited to contribute to the conference; which can include attendance. In practice, the appropriateness of enabling an individual child to attend must be assessed in advance and relevant arrangements made to facilitate attendance at all or part of the conference.

8.2 Criteria for Attendance of Child at Conference

The key considerations are:

Does the child have sufficient understanding of the process?
Has s/he expressed an explicit or implicit wish to be involved?
What are the parents’ views about the child’s proposed presence?
Is inclusion assessed to be of benefit to the child?

The test of ‘sufficient understanding’, is partly a function of age and partly the child’s capacity to understand. A guiding principle is that usually a child under 10 should not be invited.

In order to establish her/his wish with respect to attendance, the child must be first provided with a full and clear explanation of the purpose, conduct, membership of the conference and potential provision of an independent advocate.

The child should be provided with a copy of the leaflet “A Guide to Child Protection Conferences – information for children”, which includes information regarding the right to bring a friend, supporter (including an advocate) or solicitor (in the role of supporter), details of any local Advice and Advocacy Services and the Complaints Procedure.

Written information should be translated into the appropriate language for those able to read and an alternative medium e.g. tape, offered for those who cannot read.

A declared wish not to attend a conference (having been given such an explanation) must be respected.

Consideration should be given to the views of and impact on parent/s of their child’s proposed attendance; however, where there is a conflict between the wishes of the child and the views of the parents, the child’s interests should be the priority.

Consideration must be given to the impact of the conference on the child e.g. if they have a significant learning difficulty. Where it will be impossible to ensure they are kept apart from a parent who may be hostile and/or attribute responsibility to them, separate attendance should be considered.

8.3 Decision that a child should or should not attend

A decision about whether to invite the child should be made in advance of the conference by the Independent Conference Chair, in consultation with the social worker, their manager and any other relevant professional, including the child’s independent advocate where relevant.

In making this decision, the views of the parents and of professionals who know the child should be taken into consideration.

Any decision that a child should not attend the conference should be made using the following criteria:

The child’s age and understanding indicate that attendance would be inappropriate
The conference would be unable to fulfil its own aims of protection due to the disruptive behaviour of the child
Criminal charges or Court appearances of the parent are pending and the child is to be a witness.

The decision of the Independent Conference Chair should be recorded, with reasons.

8.4 Indirect participation

If it is decided that the child should not attend or to restrict the child’s participation, every effort should be made by the social worker to obtain and present the views and wishes of the child, which can include:

a submission by letter, email, text message, a picture, an audio or video-tape – prepared alone or with support
the child’s independent advocate or other professional speaking on the child’s behalf (for example, a person with specialist skills or knowledge)
the child meeting the Independent Conference Chair before the conference to share their views
the child attending to observe rather than to contribute him or herself

9. Pre-birth Conferences

A pre-birth conference is an Initial Child Protection Conference concerning an unborn child. Such a conference has the same status and purpose and must be conducted in a comparable manner to an Initial Child Protection Conference.

This decision will usually follow from a pre-birth Core Assessment and a conference should be held:

Where a pre-birth assessment gives rise to concerns that an unborn child may be at risk of Significant Harm
Where a previous child has died or been removed from parent/s as a result of Significant Harm
Where a child is to be born into a family or household which already has children who are the subject of a Child Protection Plan
Where a person known to pose a risk to children resides in the household or is known to be a regular visitor

Risk factors to be considered are the impact of a parent’s mental ill-health, learning disabilities or substance misuse or of domestic abuse.

All agencies involved with the expectant mother should consider the need for an early referral to Children, Young People and Families so that assessments are undertaken and family support services provided as early as possible in the pregnancy.

9.1 Timing of Pre-birth Conferences

The pre-birth conference should take place as soon as practical and at least 3 months before the due date of delivery, to allow as much time as possible for planning support for the baby and family.

Where there is a known likelihood of a premature birth, the conference should be held earlier.

9.2 Attendance

In addition to those who normally attend an Initial Child Protection Conference, midwifery, relevant Neo-natal and support services must be invited.

Parents or carers should be invited as they would be to other Child Protection Conferences and should be fully involved in plans for the child’s future.

9.3 An unborn child with a Child Protection Plan

If a decision is made that the child requires a Child Protection Plan the plan must be outlined and commence prior to the birth of the baby.

The Core Group must be established and meet if at all possible prior to the birth, and certainly prior to the baby’s return home after a hospital birth.

The child’s name (or ‘baby’, if not known) and expected date of delivery should be recorded as a child subject to a Child Protection Plan pending the birth. The Keyworker must then ensure that the name and correct birth date is notified to the Child Protection Conference Administrator following the birth.

If the child is resident outside of the area at birth, the local authority in whose area the child is resident must be advised that the child is in their area and the subject of a Child Protection Plan.

9.4 Timing of Review Conference

The first Child Protection Review Conference will be scheduled to take place within 3 months of the Initial Child Protection Conference and will often need to take place sooner. This may be extended by up to 2 months with the written authorisation of the relevant Manager from Children, Young People and Families and the Independent Conference Chair, if information from a post-natal assessment is crucial for a well informed Review Conference.

10. Convening the Conference

In consultation with the person requesting the conference, the Child Protection Conference Administrator will be responsible for:

Confirming the date and time of the conference
Sending out invitations to professional representatives, the child and family members as appropriate
Ensuring that agencies are informed whether or not the parents have been invited and that they are clear about their responsibilities
Consulting with the Independent Conference Chair where there has been a request to exclude or limit the participation of parents or children
Collating and presenting to the Independent Conference Chair relevant written contributions
Providing the information leaflet for children and parents translated into appropriate languages

11. Responsibilities of the Social Worker before the Conference

11.1 General Responsibilities

The social worker is responsible for the following:

Considering as described in Section 6, Enabling Parental Participation and Section 8, Enabling Children's Participation the participation of parents and children in the conference
Arranging for the child to attend if appropriate
Arranging the parent(s)’ attendance unless a decision is reached to exclude them
Preparing the child and parent(s) and informing them about the role, purpose and process of the conference (unless a decision is reached not to inform them). This information should include an explanation of who will be there and why. Parents should be helped to understand their own responsibilities and rights, including the fact that they may wish to invite a supporter who may be their solicitor.

Parent(s) and children should be given copies of the relevant leaflets “A Guide to Child Protection Conferences – information for parents and carers” or a “Guide to Child Protection Conferences for children and young people”.

They should be provided with support and advice to help them prepare for and contribute to the conference. If the child or parents are not invited or do not wish to attend, they should be encouraged to present their contributions in writing or in another form and assisted to do so.
Making any necessary arrangements for trained interpreters to attend and briefing the interpreter as necessary, or whether parent(s) or children need assistance, for example, with transport or child care arrangements
Completing the Child Protection Assessment and preparing and presenting a written report to the conference using the pro forma.

11.2 Reports to Conference

The social worker should provide to the conference a typed, signed and dated written report, which must be endorsed and counter signed by the Manager.

Information on all children in the household must be provided and the report should be clear about which children are the subjects of the conference.

The report should follow the agreed format.

The report should be provided to parents and older children (to the extent that it is believed to be in their interests) at least three working days in advance of the Initial Child Protection Conference to enable any factual inaccuracies to be identified, amended and areas of disagreement noted. Comments or suggestions made by the child/parents as a result of seeing the report must be included or conveyed verbally to the conference.

In exceptional circumstances where confidential information cannot be shared with the child or parent(s) beforehand, the social worker should seek guidance from their manager, who may wish to consult the Independent Conference Chair.

Where necessary, the reports should be translated into the relevant language or medium, taking account of the language and any sensory or learning difficulties of the child/parents.

The report should be provided to the Independent Conference Chair at least one working day prior to the Initial Child Protection Conference.

12. Responsibilities of other Professionals/Agencies

12.1 General Responsibilities

All participants are responsible for the following:

Making attendance at conferences high priority
Making available relevant information in a written report to the conference and contribute to the discussion, assessment of risk and decision.
Confirming in advance with the Conference Administrator their attendance at the conference or informing him/her if they are unable to attend
Ensuring that information to be presented by them at the conference is known to, and if possible shared with, the child and parents beforehand.
Ensuring that their contribution is non-discriminatory
In exceptional circumstances where confidential information cannot be shared with the child or parent(s) beforehand, they should seek guidance from their manager, who may wish to consult the Independent Conference Chair.
Ensuring that information is communicated/translated in the most appropriate way taking account of the language and any sensory or learning difficulties of the child or parents.
Ensuring that they are clear about their role within the conference and the extent to which they have authority to make decisions on behalf of their agency.

12.2 Reports to Conference

All agencies which have participated in a Child Protection Assessment or have relevant information about the child and/or family members should make this information available to the conference, preferably in a written report .

The report should include details of the agency’s involvement with the child and family, and information concerning the agency’s knowledge of the child’s developmental needs, the capacity of the parents to meet the needs of their child within their family and environmental context.

Agency representatives attending conferences should confer with their colleagues before preparing their contribution to a conference, to make sure it contains all relevant and available information and, where a written report is prepared, bring sufficient copies of the report (legible, signed and dated) to the conference.

The reports must make it clear which child/ren are the subject of the conference, but address any known circumstances of all children in the household.

Where necessary, reports should be translated into the relevant language or medium, taking account of the language and any sensory or learning difficulties of the child/parents.

The reports should be shared with the parents and the child (if old enough) before the conference, in the same way as described for social workers.

Such reports should also be made available to the Independent Conference Chair, where possible, at least one working day prior to the conference.

Where agency representatives are unable to attend the conference, they must ensure that their report is made available to the conference, preferably in writing, through the Child Protection Conference Administrator, and that a colleague attends in their place.

The reports will be attached to, or summarised within the minutes, for circulation.

13. Responsibilities of the Independent Conference Chair

Independent Conference Chairs, who are accountable to Oxfordshire Safeguarding Children Board are provided for all conferences, i.e. a person who has no operational or line management responsibility for the case. The Independent Conference Chair will ensure that the conference is conducted in line with these procedures.

The Independent Conference Chair must ensure that at least three agencies are represented at the conference unless agreed otherwise - see quorum for conference in Section 5, Required Quorum for Conferences.

The Independent Conference Chair is responsible for ensuring that conferences are conducted in an anti-discriminatory manner, ensuring that everyone uses unambiguous, respectful language.

13.1 Before the Conference

The responsibilities of the Independent Conference Chair in relation to decision-making about restricting parents’ participation and not inviting children are set out in Sections 6, Enabling Parental Participation and Section 8, Enabling Children's Participation.

Before the conference begins, the Independent Conference Chair should meet the parents, child and child’s advocate, if they have attended, to ensure that they understand the purpose of the conference and how it will be conducted. Where necessary, interpreters or translators should be made available to facilitate family participation.

13.2 At the Start of the Conference

At the start of the conference the Independent Conference Chair will:

Set out the purpose of the conference
Confirm the agenda
Emphasise the need for confidentiality and ensure that all participants have understood their roles
Address equal opportunities issues e.g. specifying that racist, homophobic and threatening behaviour will not be tolerated
Facilitate introductions
Clarify the contributions of those present, including supporters of the family.

If the parent(s) bring a supporter or the child brings an advocate/supporter, the Independent Conference Chair will need to clarify the advocate/supporter’s role, ensuring that any solicitor who attends as supporter to the parent or on behalf of the child is clear that he/she may clarify information but may not cross-examine any contributor.

13.3 During the Conference

The Independent Conference Chair will ensure:

Parents have been given a reasonable opportunity to:
1. Understand the purpose of the meeting and the role of all agencies involved in the protection of their children
2. Respond to and challenge any suspicions, allegations or the opinions expressed by other participants
3. Contribute as fully as possible to the assessment and planning process
4. Play a part in helping to safeguard and promote their children’s welfare
The conference maintains a focus on the welfare of the child/ren.
Consideration is given to the welfare and safety of all children in the household and within the family network.
All relevant people, including the subject child/ren and parents, have been given appropriate opportunities to make a full contribution and that full consideration is given to the information they present.
Reports of those not present are made known to parties.
The wishes and feelings of the child/ren are clearly outlined.
Needs arising from the child’s gender and any disabilities, as well as those arising from the child’s racial, cultural, linguistic or religious background, are fully considered and accounted for when making decisions or developing plans.
Appropriate arrangements are made to receive third party confidential information
A debate takes place which examines the findings of reports, risk assessments and analysis is encouraged, all options are considered and the conference reaches decisions in an informed and non-discriminatory way.
All concerned are advised/reminded of the Complaints Procedure.
Where a decision has been taken to exclude or restrict the level of parental or child participation, arrangements are made with the social worker for absent parents or carers to be informed of the decisions of conferences.

13.4 The Decision Making Process – Criteria for Child Protection Plans

The conference should determine the following question when determining whether the child should be subject to a Child Protection Plan.

Is the child at continuing risk of Significant Harm?

The test should be either that:

The child is shown to have suffered ill-treatment or impairment of health or development as a result of physical, emotional or Sexual Abuse or Neglect, and professional judgement is that further ill-treatment or impairment are likely; or
Professional judgement, substantiated by finding of enquiries in this individual case or by research evidence, is that the child is likely to suffer ill treatment or the impairment of health or development as a result of physical, emotional or sexual abuse or neglect.

If the child is at continuing risk of Significant Harm, it will therefore be the case that safeguarding the child requires inter-agency help and intervention delivered through a Child Protection Plan.

The Independent Conference Chair must ensure that the decision about the need for a Child Protection Plan is based on the views of all agencies represented at the conference and also takes into account any written contributions that have been made. This discussion will normally take place with the parents/carers present.

The need for a Child Protection Plan should be considered separately in respect of each child in the family or household.

The Independent Conference Chair must ensure that all members of the conference are clear about the conclusions reached, and the decision and recommendations made, and that the conference minutes accurately reflect the discussions.

Any dissent must be recorded in the conference minutes (see Section 14, Dissent from the Conference Decision).

If parents/carers disagree with the decision, the Independent Conference Chair must discuss the issue with them and explain their right to and the process for challenge through the Conference Complaint Procedure.

13.5 Categories of Significant Harm

If the decision is that the child is at continuing risk of Significant Harm and in need of a Child Protection Plan, the Independent Conference Chair should determine the Category of Significant Harm.

The categories are:

Neglect

This is the persistent failure to meet a child’s basic physical and/or psychological needs, likely to result in the serious impairment of a child’s health or development. Neglect may occur during pregnancy as a result of maternal substance abuse. Once a baby is born, neglect may involve a parent or carer failing to:

provide adequate food, clothing and shelter (including exclusion from home or abandonment)
protect a child from physical and emotional harm or danger
ensure adequate supervision (including the use of inadequate care-givers), or
ensure access to appropriate medical care or treatment.

It may also include Neglect of, or unresponsiveness to, a child’s basic emotional needs.

Physical abuse

This may involve hitting, shaking, throwing, poisoning, burning or scalding, drowning, suffocating, or otherwise causing physical harm to a child. Physical harm may also be caused when a parent or carer fabricates the symptoms of, or deliberately induces illness in a child.

Sexual abuse

This involves forcing or enticing a child or young person to take part in sexual activities, including prostitution, whether or not the child is aware of what is happening. The activities may involve physical contact, including penetrative (e.g. rape, buggery or oral sex) or non-penetrative acts. They may include non contact activities such as involving children in looking at, or in the production of, sexual on-line images, watching sexual activities, or encouraging children to behave in sexually inappropriate ways.

Emotional abuse

This is the persistent emotional maltreatment of a child such as to cause severe and persistent adverse effects on a child’s emotional development. It may involve conveying to children that they are worthless or unloved, inadequate or valued only in so far as they meet the needs of another person. It may feature age or developmentally inappropriate expectations being imposed on children. These may include interactions that are beyond the child’s developmental capability, as well as overprotection and limitation of exploration and learning, or preventing the child participating in normal social interaction. It may involve seeing or hearing the ill-treatment of another. It may involve serious bullying, causing children frequently to feel frightened or in danger, or the exploitation or corruption of children. Some level of Emotional Abuse is involved in all types of maltreatment of a child, though it may occur alone.

The category used must indicate to those consulting the Record of Children with a Child Protection Plan what the primary presenting concerns at the time the child was made the subject of a Child Protection Plan were. Combined categories should not be used.

13.6 If a child is made the subject of a Child Protection Plan

Where a decision is reached that a child needs to be the subject of a Child Protection Plan, the Independent Conference Chair must ensure that:

The criteria (see Section 13.4, The Decision Making Process - Criteria for Child Protection Plans) are met and the category (see Section 13.5, Categories of Significant Harm) is determined
A Child Protection Plan is outlined and clearly understood by all concerned including the parents and where appropriate, the child; and the outline plan sets out the objectives of the plan (i.e. what needs to change in order to safeguard the child).
A Keyworker is appointed to develop, co-ordinate and implement the Child Protection Plan (if this is not possible, the relevant Children, Young People and Families manager should be the point of contact).
The membership of a Core Group of professionals and family members is identified, who will develop, implement and progress the Child Protection Plan as a detailed working tool
It is established how children, parents and wider family members should be involved in the ongoing assessment, planning and implementation process, and the support, advice and Advocacy available to them
Any further assessments of the child and family are identified, which are required to help make sound judgements on how best to safeguard and promote the welfare of the child
A Contingency Plan is in place if agreed actions are not completed and/or circumstances change, for example if a carer fails to achieve what has been agreed, a Court application is not successful or a parent removes the child from being Accommodated
The parents and child know the name of the Keyworker and Core Group members
The parent(s) and child(ren) are advised of their right to invoke the Complaints Procedure to challenge the decisions made by those present at the conference
The decisions and recommendations of the conference have been summarised.
A date is set for the first Core Group meeting within 10 working days of the Initial Child Protection Conference and timescales set for subsequent meetings
A date is set for the Child Protection Review Conference within three months (183 days), and under what circumstances it might be necessary to convene the conference before that date (i.e. if any significant part of the plan cannot be delivered).
The Independent Conference Chair must also ensure that the Conference Administrator is informed of the decision and updates the relevant database.

13.7 If a child is not made subject to a Child Protection Plan

If it is considered that the criteria for a Child Protection Plan (see Section 13.4, The Decision Making Process - Criteria for Child Protection Plan) has not been reached, but the child is In Need of help to promote her/his health or development, the Independent Conference Chair must ensure that the conference considers the need to convene a Family Group Conference or Family Support Conference, other relevant Planning Meeting and/or draw up a Child in Need Plan and makes recommendations as appropriate to the relevant agencies:

To carry out any further assessment necessary to help determine the support required
To provide support and help
To establish commitment to inter-agency working, in all cases but particularly where the child’s needs are complex
To review the plan at regular intervals of no more than every 3 months

14. Dissent from the Conference Decision

If necessary, the decision will be based on a majority view, including the view of the Independent Conference Chair. Any dissenting view will be recorded in the Conference minutes.

Research and fatal case enquiries have shown that differences of opinion between agencies can lead to conflict resulting in a less favourable outcome for the child.

If a professional concludes that a conference decision places a child at risk, s/he must seek advice from her/his Designated Professional or Named Professional or manager.

Where the issue is not resolved, the Resolving Professional Disagreements in Individual Cases Procedure must be followed.

If parents/carers disagree with the conference decision, the Chair must further discuss their concerns and explain the Complaints Procedure.

15. Minutes of Child Protection Conferences

The record of the conference is a crucial working document for all relevant professionals and the family.

All conferences will be minuted by a person whose sole task within the conference is to provide a written record of proceedings in a consistent format. The Independent Conference Chair is responsible for ensuring that the minutes accurately reflect the discussion held and decisions and recommendations made.

15.1 Contents

Conference minutes should include:

Name, date of birth, ethnicity and address of the subject/s of the conference, parents/carers and other adults in the household
Who was invited, who attended the conference and who submitted their apologies
The reason for the conference
A list of written reports available to conference and whether they were open to the parents or not
A summary of the information shared and discussion
Views and wishes of each child
Views of parents/carers
Opinions of agencies on risk and whether the criteria for a Child Protection Plan were met (see Section 13.4, The Decision Making Process - Criteria for Child Protection Plan)
Decision on whether a Child Protection Plan is required, with information outlining the reasons, including the Category of Significant Harm
The outline Child Protection Plan or any Child in Need Plan
Name of the Keyworker if the child has a Child Protection Plan
Members of the Core Group if the child has a Child Protection Plan and date of first meeting
Date of next conference

Written reports submitted to the conference may be appended to the minutes.

15.2 Circulation of Minutes

The decision of the conference and, where appropriate, details of the Category of Significant Harm, the name of the Keyworker and Core Group membership should be recorded and circulated to all those invited to attend the conference within ONE working day.

The minutes of the conference, signed by the Independent Conference Chair, will be sent to all professionals who attended, or were invited, and to relevant family members (except for any part of the conference from which they were excluded) within 28 days of the conference.

Copies of the minutes, edited as necessary, should be given to the parents, child (if old enough) and the child’s advocate by the child’s social worker/Keyworker. Family members including children/young people if old enough should have the opportunity to discuss the minutes with the Keyworker.

Where parents and/or the child/ren have a sensory disability or where English is not their first language, steps must be taken to ensure that they can understand and make full use of the minutes.

Where a parent or child has been fully excluded from the conference, the decision on what information they should receive will be taken by the Independent Conference Chair in consultation with other conference members.

Where a supporter, solicitor, other family member or observer has attended a conference, the minutes will not be distributed to them unless they have a role in the Child Protection Plan and the conference agrees it appropriate.

15.3 Retention of Minutes

The central copy of the minutes will be retained for 25 years following the discontinuation of the Child Protection Plan .

The recipient agencies and professionals should retain the minutes of the Child Protection Conference in a manner which ensures their confidentiality and in accordance with their own agency’s record retention policy.

15.4 Access to Minutes

Agencies should determine who within the agency it is appropriate to be given access to the minutes – usually this will be restricted to relevant staff, their manager and any person who has a role in the Child Protection Plan .

Conference minutes are confidential and should not be passed to third parties without the Consent of the Independent Conference Chair.

Where there are ongoing criminal proceedings, there should be consultation between the Police and the Crown Prosecution Service in relation to the sharing of the minutes.

Subsequent requests for access to the minutes by professionals who do not have a legal or direct role in the case should be referred to the Conference Administrator.

Children (if of sufficient age and understanding) and/or parents on their behalf may have the right of access to their records held by Children, Young People and Families. Access can be refused if it is likely to result in serious harm to some-one or on other limited grounds, but where the criteria for refusal do not apply, the Independent Chair will release the open access sections of the conference minutes without any further checks with professional colleagues. The closed access section of the minutes will not be released without full consultation with all parties. However, time and events often overtake the significance of closed access, for example where court proceedings have taken place and evidence has been exchanged, and withholding access may not be justified. There will be a presumption in favour of disclosure although while Court proceedings are ongoing, there may be legal grounds for refusing access.

End