6.2 Resolving Professional Disagreements in Individual Cases

Contents

1. General
2. Disagreement at Referral/Enquiry Stage
3. Disagreement about need for or Timing of a Child Protection Conference
4. Disagreement at Child Protection Conferences
5. Disagreement Regarding the Implementation of the Child Protection Plan
6. Where Professional Disagreements Remain

1. General

At no time must professional disagreement detract from ensuring that the child is safeguarded.  The child’s welfare and safety must remain paramount throughout. Delay in resolving disagreements must also be avoided.

The Oxfordshire Safeguarding Children Board is clear that there must be respectful challenge whenever a professional or agency has a concern about the action or inaction of another. Similarly agencies/professionals should not be defensive if challenged. Practitioners and managers should always be prepared to review decisions and plans with an open mind.

Wherever possible, resolution of professional differences should be sought at a practice level by clinicians/practitioners, if necessary with the involvement or their supervisors or managers, engaging in open discussion with colleagues in other agencies.

Attempts at resolution must be within the protection time frame for the child or children; for example, differences of opinion concerning the possible non-accidental injury of an infant/young child must be resolved immediately.   

If significant differences of opinion cannot be resolved by clinicians/ practitioners (with support/intervention of managers/supervisors) the following may be consulted:

• Named Professionals or Designated Professionals
• Independent Conference Chairs
• The Service Manager, Safeguarding and Quality Assurance

Or a professionals’ meeting may be convened

2. Disagreement at Referral/Enquiry Stage

2.1	Disagreements over the handling of concerns may occur between agencies in relation to a number of issues, for example the sharing of information, at the referral stage.
2.2	Disagreements over the handling of concerns reported to Children, Young People and Families typically occur when: A referral is not considered to meet the Thresholds of Need Criteria for assessment by Children, Young People and Families Children, Young People and Families conclude that further information should be sought by the referrer before the referral is progressed There is disagreement as to whether child protection procedures should be invoked Children, Young People and Families and the Police place different interpretations on the need for single/joint agency response There is disagreement regarding the need to convene an Initial Child Protection Conference (see Section 3, Disagreement about the need for of Timing of the Child Protection Plan)
2.3	If the professionals are unable to resolve differences through discussion and/or meeting within an agreed and acceptable time-scale, their disagreement must be addressed by a manager.
2.4	With respect to most day to day issues, this will require a line manager to liaise with her/his equivalent in the relevant agencies.
2.5	If agreement cannot be reached following discussions between ‘first line’ managers, the issue must be referred without delay through the line management structure of the respective agency/agencies.
2.6	In addition, in health and education, advice may be sought from the Designated Professional or Named Professional.
2.7	At this point the convening of an urgent meeting should be considered so that all parties can be involved in discussion to seek to resolve the issue. Records of discussions must be maintained by all the agencies involved.  The outcome of discussions and agreed actions should also be recorded.  Where the outcome has an effect on the planning for a particular child, the appropriate planning meeting must then be reconvened so that the parents and child can be involved in any revisions to the plans.

3. Disagreement about need for or Timing of a Child Protection Conference

3.1

Those professionals and agencies who are most involved with the child and family, and those who have taken part in a Child Protection Assessment, have the right to request that Children, Young People and Families convene a Child Protection Conference if they have serious concerns that a child’s welfare may not otherwise be adequately safeguarded.

3.2

Any such request that is supported by a senior manager, or a Designated Professional or Named Professional, should normally be agreed.  Where there remain differences of view over the necessity for a conference in a specific case, every effort should be made to resolve them through discussion and explanation and the Service Manager, Safeguarding and Quality Assurance should always be consulted by the relevant Children, Young People and Families manager before a final decision is made.

4.  Disagreement at Child Protection Conferences

4.1	If an Independent Conference Chair is unable to achieve a consensus as to the need for a Child Protection Plan, s/he will make a decision and note any dissenting views.  This will include the situation where there is no majority view and where the Independent Conference Chair exercises his or her decision making powers as set out in Section 13.4, The Decision Making Process - Criteria for Child Protection Plans of the Initial Child Protection Conference Procedure.
4.2	The agency or individual who dissents from the Independent Conference Chair’s decision must determine whether s/he wishes to further challenge the result.
4.3	If any professional believes that the decision reached by the Independent Conference Chair places a child at (further) risk of Significant Harm, it is expected that s/he will within one working day formally raise the matter with the Service Manager, Safeguarding and Quality Assurance, who will liaise with the Independent Conference Chair to examine the grounds for the decisions. An urgent meeting/discussion with the dissenting professional, their line manager and the Independent Conference Chair must take place coordinated by the Service Manager, Safeguarding and Quality Assurance in order to reach an agreed outcome.

5. Disagreement Regarding the Implementation of the Child Protection Plan

5.1	Concern or disagreement may arise over another professional’s decisions, actions or lack of actions in the implementation of the Child Protection Plan, including participation in Core Group meetings.
5.2	The line managers of the professionals involved should first address these concerns.
5.3	If agreement cannot be reached following discussions between the above ‘first line’ managers, the issue must be referred without delay through the line management of each agency.
5.4	In addition, where health or education services are involved, advice may be sought from the Designated Professional or Named Professional.

6. Where Professional Disagreements Remain

6.1	If professional disagreements remain unresolved, the matter must be referred to the Oxfordshire Safeguarding Children Board representative for each agency involved.
6.2	In the unlikely event that the issue is not resolved by the steps described above and/or the discussions raise significant policy issues about inter agency working; it may be necessary to raise the matter at the Oxfordshire Safeguarding Children Board's Core Group for consideration of whether there are lessons to be learned from the case and whether a Case Review may be appropriate.

End