What Happens if Concerns are Substantiated?

Concerns are substantiated, but the child is NOT judged to be continuing to, or to be likely to, suffer significant harm.

Summary

  1. The core assessment must still be concluded and consideration given to whether there is a need for support and/or services, how this might be provided and by whom.
  2. The decision not to proceed to a child protection conference where it is known that a child has suffered significant harm is made by the Duty/Team Manager
  3. Professionals and agencies may appeal this decision and request a child protection conference if they have serious concerns that a child may not otherwise be adequately safeguarded

This applies where the agencies most involved have agreed that a child has suffered significant harm, but that a plan for ensuring their future safety and welfare can be developed and implemented without having a child protection conference or a Child Protection Plan. This is because the Section 47 enquiry has concluded that there is no continuing risk of significant harm. The reasons for this may include:

  • the caregiver has taken responsibility for the harm they caused the child, and are willing and able to co-operate with actions to ensure the child’s future safety and welfare
  • the harm was the result of an isolated abusive incident
  • the family’s circumstances have changed
  • the person responsible for the harm is no longer in contact with the child

The possible outcomes in cases where concerns are substantiated, but the child is not judged to be at continuing risk of significant harm are the same as in those cases where the concerns are not substantiated, i.e. they may include:

  • No further action
  • Provision of information and advice
  • Signposting or referral to other agencies
  • Provision of services under Section 17, 1989 Children Act within a Child in Need Plan
  • Family support meeting and provision of services within a Family Support Plan
  • Family group conference
  • Specialist assessment

The decision not to proceed to a child protection conference where it is known that a child has suffered significant harm should be made by the Duty/Team Manager, in consultation with a relevant senior manager within the local authority where necessary,  having taken into account the views of all relevant agencies. The reasons why a conference is not being convened must be fully documented on the child’s case file.

Those professionals and agencies who are most involved with the child and family, and those who have taken part in the enquiry, have the right to request that Children’s Social Care convene a child protection conference if they have serious concerns that a child may not otherwise be adequately safeguarded. Any request for a child protection conference in these circumstances must be supported by a senior manager, or a named or designated professional, and be made in writing to the Safeguarding Unit. Any such request for a child protection conference should normally be agreed, but the ultimate decision rests with the Manager of the Safeguarding Unit.

In those cases where continuing services to the child and family are to be provided by Children’s Social Care, these may be provided within a Child in Need Plan. The Plan must:

  • Be agreed at a meeting of professionals and family members,
  • Be informed by the initial/core assessment findings.
  • State what actions are to be undertaken by whom,
  • State what the intended outcomes are for the child’s health and development,
  • Specify what should happen if the plan is not being successfully implemented
  • Include a timescale for reviews of progress against the planned outcomes.

Concerns are substantiated, and the child IS judged to be continuing to, or to be likely to, suffer significant harm.

Summary

1. A Child protection conference must take place.

In these circumstances, Children’s Social Care must request a child protection conference unless a decision has been made to take other action to protect the child e.g. care proceedings. This decision, and the reasons for it, must be recorded on the case record.

Ref:

Working Together 2010 Chapter 5 Para 5.77 – 5.81