CHILDREN (NI) ORDER 1995 Guidance and Regulations, Lecture notes of Decision Making

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CHILDREN (NI) ORDER 1995

Guidance and Regulations

Volume 4

Residential Care

The Children Order series of regulations and guidance consists of the following:

Volume 1: Court Orders and other Legal Issues Volume 2: Family Support, Child Minding and Day Care Volume 3: Family Placements and Private Fostering Volume 4: Residential Care Volume 5: Children with a Disability Volume 6: Co-operating to Protect Children

The Children Order includes statements as to the powers and duties of Health and Social Services Boards and Trusts. The Order itself uses the term “authority” to refer to a Board or Trust. The powers and duties will be exercised by a Board, except where a function is exercisable by a Trust by virtue of an authorisation for the time being in operation under Article 3(1) of the Health and Personal Social Services (Northern Ireland Order 1994. In this series of guidance references are to a Trust except in the case of the registration and inspection functions in relation to children’s homes described in Volume 4.

FURTHER READING

Whilst these volumes are designed to provide a comprehensive guide to the Children Order they do not purport to be a comprehensive survey of good practice.

It is suggested that reference might be made to:

The Social Services Librarian Queen’s University Medical Library Institute of Clinical Science Grosvenor Road Belfast BT12 6BT

GENERAL PRINCIPLES ON WHICH THE CHILDREN ORDER IS BASED

In considering the detailed provisions of the Children Order in this volume attention is drawn to the major principles on which the Order is based.

• The welfare of the child is the paramount consideration.
• Wherever possible, children should be brought up and care for within their own families.
• Children should be safe and be protected by effective intervention if they are in danger, but such intervention should be open to challenge.

• When dealing with children, courts should ensure that delay is avoided, and may only make an order if to do so is better than making no order at all.
• Children should be kept informed about what happens to them, and should participate when decision are made about their future.
• Parents continue to have parental responsibility even when their children are no longer living with them. They should be kept informed about their children and participate when decisions are made about their children’s future.
• Parents with children in need should be helped to bring up their children themselves and such help should be provided in partnership with parents.
• Services provided to children and their families should draw on effective partnership between Health and Social Services Boards and Trusts and other agencies.

Children’s homes. Steps which may be taken in an emergency. Guidance on principles governing holding, touching and physical restraint. Monitoring the use of control.

CHAPTER 5: RECORDS TO BE KEPT BY CHILDREN’S HOMES ………………………………………………PAGE 46

All children’s homes to maintain an individual case record for each child accommodated; the importance of such records to the child and for planning purposes. A further record to be kept which includes details of all children who are or have been accommodated, details of the placing authority, where the child was accommodated before entering the home and where he is to be accommodated thereafter. Time limits for retention of records.

CHAPTER 6: REGISTRATION, INSPECTION, MONITORING & VISITING ………………………… PAGE 49

Registration of voluntary and privately run children’s homes with HSS boards’ registration and inspection units. Inspection of homes provided by Trusts, voluntary homes and privately run children’s homes by registration and inspection units. Annual report on residential child care to be produced by registration and inspection units. Monitoring of the operation of each home to be carried out by those operating the home. Each home to be visited monthly and a written report made of each visit. Visits by Trusts to children in voluntary and privately run homes.

CHAPTER 7: WELFARE OF CHILDREN ACCOMMODATED IN ESTABLISHMENTS ………………………………….PAGE 54

Provisions in Articles 175 and 177 of the Children Order to ensure that the welfare of children provided with accommodation in residential care homes, nursing homes, private hospitals or by education and library boards is adequately safeguarded and promoted. Children not to be placed in certain establishments for more than 3 months without Trust being notified. Where it is notified, Trust to take reasonable steps to determine whether child’s welfare is being safeguarded and promoted. Trust to ensure parental contact is adequate in the circumstances. Trust to consider what steps to be taken where it is concerned as to child’s welfare. Where concerns arise Trust to arrange for child to be visited. Trusts’ powers of entry into residential care homes, private hospitals etc.

CHAPTER 8: CHILD ABUSE IN CHILDREN’S HOMES………..PAGE 58

Those responsible for a children’s home to ensure that the home has clear policies and written procedures for responding to child abuse which are agreed with the Area Child Protection Committee. Staff to be properly trained in recognising abuse. Requirements for formal notification of abuse. Trust to play active part in the development of child protection policies in residential settings. Guidance on dealing with abuse and importance of “Co-operating to protect children”.

CHAPTER 9: PLACEMENT OF CHILDREN & MAKING CARE PLANS ………………………..PAGE 64

Placement of children including short-term placements. Placements in residential settings to be considered in the context of other options including family placements. Family links to be maintained where practicable and in the best interests of the child. Placement outside Northern Ireland. Requirement on placing authorities to draw up a care plan. Matters to be included in care plans and notifications to be given regarding placements. Authorities responsible for placement of a child to act as good parents in relation to the child’s health and education with particular regard to shortcomings in these areas in the child’s background. Registration with GP and maintenance of health records. Provision of educational opportunities as part of the planning process. Importance of education and training to the child’s future. Need to have regard to, and respect for, the child’s religious and cultural background.

CHAPTER 10: REVIEW OF CHILDREN’S CASES ……………. PAGE 104

Requirements placed on Trusts, voluntary organisations and privately run children’s homes to review the care plans of individual children. Reviews as a continuous process of planning and reconsideration of are plans. Frequency, systems for reviews, consultation and other procedural matters.

The role of secure accommodation within the context of residential care. Importance of having a clear view as to the aims and objectives of secure accommodation. Trusts to take reasonable steps to avoid the need to use secure accommodation. Children not to be placed in secure accommodation except in exceptional circumstances covered by the legislation. Prohibition on the use of secure accommodation in voluntary and privately run children’s homes. Maximum periods for secure accommodation without judicial authority.

CHAPTER 16: REFUGES FOR CHILDREN AT RISK ………….. PAGE 211

Provisions for bona fide organisations to provide refuges for runaway children. Powers of the Department of Health and Social Services to issue certificates with respect to voluntary and privately run children’s homes and foster parents to exempt them from prosecution for certain offences where they accommodate such children.

IMPORTANT NOTE

Under regulation 18 of the Children’s Homes Regulations a copy of the Children’s Homes Regulations and associated guidance is required to be kept in each home and made available to staff, children, parents etc. In the case of poor readers the main features of the regulations and guidance may be explained to them in language appropriate to their understanding.

ANNEXES

Annex A Children’s Homes Regulations (Northern Ireland) 1996

Annex B The Arrangements for Placement of Children (General) Regulations (Northern Ireland) 1996

Annex C The Review of Children’s Cases Regulations (Northern Ireland) 1996

Annex D Contact with Children Regulations (Northern Ireland) 1996

Annex E The Representations Procedure (Children) Regulations (Northern Ireland) 1996

Annex F Definition of Independent Visitors (Children) Regulations (Northern Ireland) 1996

Annex G The Children (Secure Accommodation) Regulations (Northern Ireland) 1996

Annex H The Refuges (Children’s Homes and Foster Placements) Regulations (Northern Ireland) 1996

overall, the young people in the homes are older than before, and older than other young people in care. Placements are frequently of short duration and some are made at critical times, when other arrangements are changing or have broken down. Children’s homes are provided for a range of purposes. Some are a long-term base for a child growing up, whilst others provide accommodation for a period while specific tasks are achieved. Some of the children have suffered the most distressing life experiences and working with them calls for skills of the highest order. This guidance describes the basic requirements for providing good child care in general, but there will be some differences of emphasis depending on the nature of each home and the needs of individual children.

1.4 Although the administrative arrangements for the various kinds of homes governed by the regulations are different, the aim is that the requirements with regard to the welfare of each child in the home and the conduct of the home should be subject to the same standards of provision and child care practices.

1.5 Good practice encompasses both the running of the home and individual care and planning for each child. There is a need to be particularly sensitive to some issues in group care. Children being looked after will have very different family backgrounds and different needs and will be subject to individual child care plans. Homes must be able to respond to each child as an individual. Whilst there is a need for each child to confirm to shared “house rules” which foster mutual respect within group living, the institutional needs of the home should never be allowed to dominate the lives of children and staff. Safeguarding the child’s personal possessions and encouraging the child to develop ownership of some part of their surroundings is extremely important.

Summary of legislative requirements

1.6 The primary legislation on children’s homes is contained in Parts VII, VIII, and IX of the Children Order. Part VIII replaces the provisions of Part VIII of the Children and Young Persons Act (Northern Ireland)

1968. The children’s homes referred to in this volume are children’s homes as defined in Articles 72, 74 and 90 of the Children Order ie:

• homes provided by Trusts;
• voluntary homes ie homes carried on by non-profit-making organisations. A voluntary organisation would usually be expected to be a registered charity or friendly society or a limited company whose accounts show that it is not profit- making.
• registered children’s homes, ie private run homes carried on by persons or by organisations which are profit-making.

The following regulations apply to those responsible for any type of children’s home within the meaning of the Children Order:

• Children’s Homes Regulations (Annex A)
• Arrangements for Placement of Children (General Regulations (Annex B)
• Review of Children’s Cases Regulations (Annex C)
• Representations Procedures (Children) Regulations (Annex E)

1.7 The following regulations apply to all children’s homes provided by Trusts and in respect of all children looked after by Trusts including those placed by them in voluntary or privately run children’s homes:

• Contact with Children Regulations (Annex D)
• Definition of Independent Visitors (Children) Regulations (Annex F)

1.8 The following regulations apply in the special circumstances indicated:

The particulars to be included in the statement are listed in Part 1 of Schedule 1 to the regulations. Part II of Schedule 1 lists the persons to whom the statement is to be made available. The responsible authority is required to ensure that all those working at the home are informed of various matters referred to in Schedule 1 to the Children’s Homes Regulations.

1.12 The overall purpose of the statement is to describe what the home sets out to do for children and the manner in which care is provided but should not unduly restrict the possibility of development. The statement of aims and objectives should be designed for those making placements, staff, children and parents. It is also directed at those responsible for managing the home in order that they have a clear basis for making management decisions.

1.13 Increasingly, homes have adjusted to meet the particular needs of children during a phase of their career in care and have adopted various approaches to the care of children. For example, some homes work with children to prepare for a definite goal in a task centred manner. Other homes attempt to reproduce family life and support children into adulthood and some work with children psychologically damaged by abuse. It is hoped that an increasing variety of imaginative and positive approaches to residential care will develop.

1.14 Wherever possible the aims and objectives of the home should be as concrete as possible, clearly attainable and capable of being measured or evaluated. One yardstick of success for a home should be the extent to which it meets its stated objectives, and it is necessary to recognise that factors such as the wishes of children and parents need to be taken into consideration in measuring success.

1.15 The statement would be expected to include a description of the intended ethos of the home. The document may embrace a philosophy or set of guiding principles. The latter may be derived from the founding principles of the organisation running the home. The statement may give expression to the religious orientation of a

particular home. It should convey some idea of the “feel” of the home. For example an approach to the care of young people moving into independence may involve minimal staff intervention and put a heavy onus on residents accepting responsibility for the consequences of their actions, even where this may detract from the comfort of the surroundings. Such an ethos is very different from one in which care staff work very intensively with a child and take the main responsibility for the living environment and for keeping it in good repair.

1.16 A further section should describe the practical arrangements. A written admissions policy should describe the age range, sex, and the particular needs for care of the children the home sets out to look after. For example, if the home is attuned to the care of children with learning difficulties, then this should be clear from the statement. It should define the limitations on the home’s care provision and should be sufficiently specific to be of value in regulating admissions without being so rigid as to preclude flexibility.

1.17 The statement should describe the procedures for admission. Some homes will need to have extensive and detailed pre-admission procedures, particularly if the care needs which the home addresses are specialised. Other homes may be geared up to admit in emergencies in which case the procedures are likely to concentrate on the admission process itself and immediate follow up. It is extremely important for the referring agencies to be in possession of the home’s written admissions policy in order that they refer the right children. It is equally important that the staff responsible for the admission are very clear that the admission is a correct one.

1.18 The numbers, relevant experience and qualifications of staff in post should be stated. In larger homes children may be cared for in small groups with their own special group of staff, probably headed by a Team Leader. The statement should indicate the deployment of staff. Staff with particular responsibilities should be identified together with a brief description of those responsibilities.

CHAPTER 2: STAFFING OF CHILDREN’S HOMES

2.1 Regulation 5 of the Children’s Homes Regulations requires that homes should be adequately staffed.

Establishment numbers

2.2 The staff of a home should be engaged in numbers which are at least sufficient to support the aims and objectives of the home and to provide both adequate supervision and activities appropriate to the age, sex and characteristics of the children. For example, residential care which aims to provide minimal support for young people approaching independence will require rather fewer staff than residential care for similar aged young people where more extensive work is being undertaken with them. It is not appropriate to specify one set of staff ratios for differing kinds of children. Those responsible will have to make judgements on staffing complements based on the needs of the children in the home and the task assigned to the home.

Qualifications, competence and experience

2.3 Staff must be competent, experienced and qualified for their work. All residential social work staff in children’s home should hold professional qualifications. It should be the aim of responsible authorities to recruit, where possible, professionally qualified social workers to residential social work posts. Where it proves impossible to recruit qualified persons those appointed should only be appointed on a temporary basis in order that such post can be occupied by suitably qualified persons as they become available for recruitment. It is essential that responsible authorities should seek to ensure that not only are all residential staff in children’s homes professionally qualified, but also that all staff have opportunities to further develop their competence in working with children and families. All residential social workers should have their competence assessed and residential social work managers should keep the individual training needs of staff continuously under review.

Selection of staff

2.4 Selection methods must test for maturity, sound judgement and a realistic understanding of the needs of children and young people. Experience alone may not suffice, unless it can be shown that it has enhanced the candidate’s understanding and skill. Selection should also test a candidate’s ability to withstand personal stress and willingness to receive support. Staff should be able to provide a good example to the children. Those inspecting homes are expected to pay particular attention to checking that all action advised in these paragraphs is undertaken as appropriate.

2.5 There should be a proper balance of male and female staff and it may be appropriate to use the exemption in the Sex Discrimination (Northern Ireland) Order 1976 Article 10(2)(e) to take positive steps in recruitment to ensure the appropriate balance, where it would be in the children’s interest to do so.

Staff development and training

2.6 All new residential social workers should receive suitable induction training in the aims and methods of the home. In-service training should also cover such matters as the impact of religion, culture, race and of child protection and HIV/Aids where earlier training has not dealt with such issues. Attention will also need to be given to the additional knowledge and skills required by residential social workers who are looking after children with a disability. Importance should be placed on training in communication skills for staff caring for children suffering from visual or hearing impairment. It would be appropriate for responsible authorities to explore with the Northern Ireland Post Qualifying Partnership how the special training needs of this group of staff can be addressed.

2.7 There are now opportunities for social work staff to register with the Northern Ireland Post qualifying Partnership for qualifying and advanced awards in social work. All recently qualified staff should be given the opportunity to undertake consolidation training. A core of