Skip to main content

Key word glossary

An Absconded child is a child who absents him/herself (runs away) whilst placed in local authority accommodation subject to Police Protection, Remand or otherwise Lawfully Detained.

In relation to missing persons, ‘Absent’ is defined by the police as meaning ‘ A person not at a place where they are expected or required to be’.

See also:

  • Away from Placement Without Authorisation
  • Missing
  • Missing Child
  • Missing from Care
  • Young Runaway

Now called Absent without Consent.

Previously called Absent without Authority or Unauthorised Absence, Children are Absent without Consent when they absent themselves from care. Often their whereabouts are known, they may be late, have left to cool off or they may be testing boundaries.

It is not usually necessary to report such absences to the Police and others (e.g. social worker) unless there is a level of risk to the child or others, please consult your own procedures.

Violation of an individual’s human or civil rights. Any or all types of abuse may be perpetrated as the result of deliberate intent, negligence or ignorance. Different types of abuse include: Physical Abuse, Neglect/acts of omission, Financial/material abuse, Psychological Abuse,  Sexual Abuse, Institutional Abuse, Discriminatory Abuse, or any combination of these. Abuse can be perpetrated by one or more people (either known or not known to the victim) or can take the form of Institutional Abuse within an organisation. It can be a single or repeated act.

An Acceptable Behaviour Contract (also known as an ABC or Acceptable Behaviour Agreement) is an intervention designed to engage an individual in acknowledging his or her anti-social behaviour and its effect on others, with the aim of stopping that behaviour.

It is a written agreement made between a person who has been involved in anti-social behaviour and their local authority, Youth Inclusion Support Panel (YISP), landlord or the police. ABCs are not set out in law, which is why they are usually called Agreements. Any agency is able to use and adapt the model.

The term Accommodated normally refers to a child for whom the local authority has provided accommodation, with parental consent, under Section 20 of the Children Act 1989.

However, a child is also accommodated if accommodation is arranged by the local authority for a child who is subject to Police Protection, Remanded or otherwise Lawfully Detained.

A child is also accommodated if s/he is subject to a Supervision Order with a Residence requirement. All children who are accommodated come within the definition of Looked After.

‘Achieving Best Evidence in Criminal Proceedings: Guidance On Interviewing Victims And Witnesses, And Guidance On Using Special Measures’ is Government guidance which describes good practice in relation to the interviewing of and giving of evidence by vulnerable witnesses (children and vulnerable adult witnesses).

Although issued in relation to the conduct of investigations of criminal offences, the principles may be applied to any investigation involving vulnerable witnesses. The guidance was first produced  in 2002 and the most recent update was published in 2011.

Crown Prosecution Service – Achieving Best Evidence

Asylum Casework Information Database (ACID)

This is the database that the Home Office uses to log cases of Asylum Seekers.

Since 30th November 2009 this order can no longer be made by the court. It was abolished under the Criminal Justice and Immigration Act 2009 and has been replaced by the Youth Rehabilitation Order.

An Action Plan Order is an intensive, community-based programme lasting 3 months. The order is supervised by the Youth Offending Team/Service. The programme developed by the YOT is specifically tailored to the risks and needs of the young person. It can include repairing the harm done to the victim of the offence or the community, education and training, attending an Attendance Centre or a variety of other programmes to address a young person’s offending behaviour.

Youth Justice Board

Hospital-based or emergency health services; sometimes referred to as secondary care. ‘Acute’ relates to the care being short term.

Medical and surgical treatment provided in hospitals.

An Adoption Case Record on a child should be opened once adoption has been identified as the permanence plan for the child at his or her Looked After Review or where a child has been relinquished for adoption, as soon as the parent’s request for adoption has been made. Where the plan relates to a group of siblings, there must be a separate adoption case record for each child.

An Adoption Case Record on a prospective adoptive parent should be opened as soon as an application is received to be considered as an adoptive parent.

The Adopted Children Register is a register, maintained by the Registrar General, of all legal adoptions in England and Wales since 1927, including all registrable foreign adoptions since 2003.

The Adoption Contact Register is a database, maintained by the Registrar General, which allows adopted adults and their birth relatives to register their details if they would welcome contact or wish to have no contact. To be eligible for registration, applicants need to be 18 or over. Part 1 of the Register is for adopted adults to specify with which birth relative they are hoping for contact, or wish to have no contact. Part 2 of the Register is for any birth relative to register their desire for contact or for no contact with an adopted adult.

If a link is made, both parties will be notified but only the adoptee will be provided with the name and address of person wishing to have contact. The onus will be on the adopted adult to make the initial contact.

Adoption is the process by which all parental rights and responsibilities for a child are permanently transferred to an adoptive parent by a court. As a result the child legally becomes part of the adoptive family.

An Adoption Order transfers Parental Responsibility for the child from the birth parents and others who had Parental Responsibility, including the local authority, permanently and solely to the adopter(s). An Adoption Order can be made where the Court agrees that adoption is in the best interests of the child and Parental consent to adoption has been given or dispensed with by the Court.

Where a child has been placed for adoption by an adoption agency, the child must have been living with the adoptive applicants for a minimum of 10 weeks before an adoption application can be made.

The child, once adopted, is deemed to be the child of the adopter(s) as if he or she had been born to them. The new relationship continues into adulthood and throughout the lives of all involved. The child’s birth certificate is changed to an adoption certificate showing the adopter(s)to be the child’s parent(s). A child who is not already a citizen of the UK acquires British citizenship if adopted in the UK by a citizen of the UK.

BAAF

The Adoption Placement Plan must be drawn up and agreed before the child is placed for adoption. It sets out information about the child and the arrangements for the care of the child when placed with the prospective adopters. The contents of the Plan must include the arrangements for the child’s introduction to the placement; the provision of information about the child to the prospective adopters before the placement; the sharing of Parental Responsibility between the birth parents, local authority and prospective adopters after the placement; any contact arrangements; the monitoring, supervision and review of the placement and any adoption support to be provided.

The Adoption Placement Report must be presented to the Adoption Panel when seeking a recommendation that a child be placed with a particular prospective adopter. It must set out the reasons for proposing the placement, the proposed Adoption Support Plan and the proposed post-placement contact arrangements.

The Adoption Register is a database of approved prospective adopters and children waiting for adoption across England and Wales. A team of experienced social workers use the database to link children with approved prospective adopters where local matches cannot be found.

Under the Adoption Agencies Regulations 2005, Adoption Reviews must be held in relation to  children where authority to place the child has been obtained by the local authority either through a Placement Order or the obtaining of witnessed parental consent to the placement. However, such children continue to be Looked After and so remain subject to Looked After Reviews under the Care Planning, Placement and Case Review Regulations 2010 until  placed for adoption.

The first Adoption Review should take place within three months after the local authority obtained authority to place the child for adoption. Where the timescales for the next Looked After Review requires that the next review should take place before this, then this will count as the child’s first Adoption Review.

An Adoption Support Plan sets out the support services to be provided to the child, prospective adopters/adopters and others where a child has been placed for adoption or is adopted and there is an identified need for support. This may include financial support. The plan should set out the objectives of the support and how it will be monitored, evaluated and reviewed.

A person in the adoption agency with sufficient knowledge of and experience in adoption and its effect to give advice and information to anyone affected by adoption.

Defintion of Adult in Section 42 the Care Act 2014

An adult who may be vulnerable to abuse or maltreatment is deemed to be someone aged 18 or over, who is in an area and:

  1. Has needs for care and support (whether or not the authority is meeting any of those needs);
  2. Is experiencing, or is at risk of, abuse or neglect; and
  3. As a result of those needs is unable to protect himself or herself against the abuse or neglect or the risk of it.

Abuse is defined widely and includes domestic and financial abuse. The other crucial difference from the previous definition is that the duties apply regardless of whether the adult lacks mental capacity.

The Care Act 2014 states; Safeguarding means protecting an adult’s right to live in safety, free from abuse and neglect. It is about people and organisations working together to prevent and stop both the risks and experience of abuse or neglect, while at the same time making sure that the adult’s wellbeing is promoted including, where appropriate, having regard to their views, wishes, feelings and beliefs in deciding on any action. This must recognise that adults sometimes have complex interpersonal relationships and may be ambivalent, unclear or unrealistic about their personal circumstances.

A term used to describe all work involved to protect Vulnerable Adults from Neglect, potential harm or Abuse. Many local authorities have replaced this term with the term Safeguarding Adults.

A document produced under the Adult Protection Procedure following a Case Conference to outline how any remaining risks will be managed and to allocate responsibility for any actions. The procedure for this will normally be covered as part of the inter agency safeguarding adults procedures of the Local Safeguarding Adults Board.

The Law Commission defines adult social care as the care and support provided by local social services authorities pursuant to their responsibilities towards adults who need extra support. They made it clear that social work is a community care service in its own right and that it is distinct from assessing and arranging services.

A legally-binding decision to refuse future treatment, including life-sustaining treatment.

Such decisions must comply with the Mental Capacity Act 2005 and its Code of Practice. They can be made by a person of 18 years or above who has Capacity at the time the decision is made, and must specify the treatment to be refused, and the circumstances in which it is refused. The decision to refuse treatment relates to a time in the future when the person making the decision no longer has Capacity.

Such a decision can be withdrawn or altered at any time while the person still has Capacity.

Advance Decisions to Refuse Treatment that meet all of the requirements of the Mental Capacity Act are legally binding on health and social care professionals. This makes Advance Decisions to Refuse Treatment quite distinct from other aspects of advance care planning

Prior to the commencement of the Mental Capacity Act 2005, these were sometimes referred to as ‘advance directives’.

A person may make both an Advance Decision to Refuse Treatment, and a more general Advance Statement.

See Advance Decision to Refuse Treatment.

Whilst an Advance Decision to Refuse Treatment is very specific, an Advance Statement is more general and can be used to allow a person to state in advance their wishes relating to more general aspects of their care, should they lose Capacity to decide for themselves in the future.

For example, specifying food preferences or religious and other beliefs. Unlike Advance Decisions to Refuse Treatment, Advance Statements are not legally binding.

A person appointed to speak on behalf of another person and/or to support them, for example when using a complaints procedure or attending a Child Protection Conference as a parent or as a child. All children who are Looked After should be given information about how to access an advocacy service and the child’s Independent Reviewing Officers should also make sure that this information is available to the child and assist the child to identify and appoint a suitable advocate is appropriate.

Adults may also wish to appoint an advocate to support them when attending meetings to discuss their care needs. In certain circumstances, an Independent Mental Capacity Advocate may be appointed for them.

Arrangements for supervision in the community following discharge from hospital of certain patients previously detained under the Mental Health Act 1983. This was abolished by the Mental Health Act2007, which brought in Supervised Community Treatment.

In relation to an Asylum Seeker, this is undertaken to determine an applicant’s age or a dependant’s age and their eligibility for support under the Children Act 1989.

A form of Discriminatory Abuse where individuals are discriminated against or treated unfairly on the basis of their age.

The Agency Decision Maker is the person within a fostering service and an adoption agency who makes decisions on the basis of recommendations made by the Fostering Panel (in relation to a fostering service) and the Adoption Panel (in relation to an adoption agency). The Agency Decision Maker will take account of the Panel’s recommendation before proceeding to make a decision. The Agency Decision Maker can choose to make a different decision.

The National Minimum Standards for Fostering 2011 provide that the Agency Decision Maker for a fostering service should be a senior person within the fostering service, who is a social worker with at least 3 years post-qualifying experience in childcare social work and has knowledge of childcare law and practice (Standard 23).

The National Minimum Standards for Adoption 2011 provide that the Agency Decision Maker for an adoption agency should be a senior person within the adoption agency, who is a social worker with at least 3 years post-qualifying experience in childcare social work and has knowledge of permanency planning for children, adoption and childcare law and practice. Where the adoption agency provides an inter country adoption service, the Agency Decision Maker should also have specialist knowledge of this area of law and practice. When determining the disclosure of Protected Information about adults, the Agency Decision Maker should also understand the legislation surrounding access to and disclosure of information and the impact of reunion on all parties (Standard 23).

An Alert is identified as an expression of concern, suspicion or allegation that an Adult at Risk (Vulnerable Adult) is or may be a victim of abuse or Neglect. An Alert may be as a result of an incident, disclosure or other signs or indicators.

An Alerter is the person who raises a concern that an Adult at Risk (Vulnerable Adult) is being, has been, or is at risk of being abused or neglected. Anyone can be an Alerter including the person themselves. Alerters can also be paid staff, volunteers, a carer, friends, family, neighbours or members of the public/community.

Injunctions can be granted under Section 1 of the Anti-Social Behaviour, Crime and Policing Act 2014 against a person aged 10 or over to prevent them engaging in anti-social behaviour. The injunction may include provisions requiring the young person to do specified things, and/or prohibiting them from doing specified things.

For under-18s, the injunction must be for a specified period of time, which must be no more than 12 months.

The injunctions are civil orders, and application (in the case of under-18s) is made to the youth court.

These injunctions replace the previous Anti-Social Behaviour Orders (ASBOs) under section 1 Crime and Disorder Act 1998.

If a young person breaches the terms of an injunction, the court may impose a supervision order, or, where the young person is aged 14 or over, a detention order providing for their detention in Youth Detention Accommodation for not more than 3 months.

A supervision order can impose a supervision requirement requiring the young person to attend appointments with a specified person (usually from the YOT); an activity requirement requiring the young person to participate in specified activities; or a curfew requirement (which can also contain an electronic monitoring requirement).

Anti-Social Behaviour Orders (ASBOs) were introduced by the Crime and Disorder Act 1998, as a way of tackling persistent anti-social behaviour, such as graffiti, abusive and intimidating language, excessive noise, fouling the street with litter, drunken behaviour in the streets, dealing drugs. They were replaced by (civil) Anti-Social Behaviour Injunctions and (criminal) Criminal Behaviour Orders under the Anti-Social Behaviour, Crime and Policing Act 2014.

This is a term used when a claim for asylum has been denied and all appeals have also been refused.

Someone appointed by the Department for Work and Pensions to claim and collect benefits and pension on behalf of a person who cannot manage their own affairs. This could be because they are mentally incapable or are severely disabled.

An appointee takes on the full responsibility for making and maintaining any claim and managing the spending of the benefit. This means that they:

  • Sign the claim form instead of the person claiming benefits;
  • Are responsible for telling the benefit office of any changes which may affect the amount of benefit the person getting benefit gets;
  • Have to claim any benefits to which the person may be entitled;
  • Must spend the benefit in the best interests of the person concerned – although paid to the appointee, the benefit is not theirs to spend on themselves;
  • Can be responsible for any overpayments, if they knowingly provide wrong information.

For more information, go to the Government website, Becoming an Appointee for Someone Claiming Benefits

Young people under the age of 17 and adults who are considered to be mentally vulnerable must have an ‘Appropriate Adult’ with them when they are interviewed by the police. An Appropriate Adult can be a family member, friend or often a volunteer or social/health care professional.

Appropriate Consent is sometimes required in relation to Young People detained by the Police, for example, where samples or fingerprints are taken.

Where consent is required it is usually required from the parent or guardian, from the Young Person, or in some circumstances from both. Where the Young Person is subject to a Care Order, consent may be given by the social worker or another representative of the Children and Young People’s Service.

An Appropriate Adult, who is not the parent or guardian, cannot give such consent. For further guidance consult the Youth Offending Team Manager.

Mental health professionals with additional training and qualifications to exercise functions under the Mental Health Act 1983 (as amended). Their functions can include helping to assess whether a person needs to be compulsorily detained in hospital without their consent (‘sectioned’) as part of their treatment.

Prior to the implementation of the Mental Health Act 2007, they were known as ‘Approved Social Workers’. They are no longer required to be social workers, and the role can now be undertaken by other professionals such as community psychiatric nurses, occupational therapists or psychologists (although the vast majority of AMHPs remain social workers).

Under the Mental Health Act 2007, the role of approved social worker was replaced by that of Approved Mental Health Professional.

This is a term used when a claim for asylum has been denied and all appeals have also been refused.

Anti-Social Behaviour Orders (ASBOs) were introduced by the Crime and Disorder Act 1998, as a way of tackling persistent anti-social behaviour, such as graffiti, abusive and intimidating language, excessive noise, fouling the street with litter, drunken behaviour in the streets, dealing drugs. They were replaced by (civil) Anti-Social Behaviour Injunctions and (criminal) Criminal Behaviour Orders under the Anti-Social Behaviour, Crime and Policing Act 2014.

An approach to working with people who do not engage effectively with traditional services. For example, Health and Social Care staff working with individuals in their own environment (at home or in another familiar environment such as the street) rather than at office or hospital appointments.

In relation to children:

Assessments are undertaken of the needs of individual children to determine what services to provide and action to take. They may be carried out:

  • To gather important information about a child and family;
  • To analyse their needs and/or the nature and level of any risk and harm being suffered by the child;
  • To decide whether the child is a Child in Need (Section 17) and/or is suffering or likely to suffer Significant Harm (Section 47); and
  • To provide support to address those needs to improve the child’s outcomes to make them safe.

Working Together 2013 removed the requirement  for separate Initial Assessments and Core Assessments. One Assessment may be undertaken instead.

The maximum timeframe for the assessment to conclude, such that it is possible to reach a decision on next steps, should be no longer than 45 working days from the point of referral. If, in discussion with a child and their family and other professionals, an assessment exceeds 45 working days the social worker should record the reasons for exceeding the time limit.

Assessments should be conducted in accordance with Chapter 1 of Working Together 2015, and the Local Protocol for Assessment.

 

In relation to adults:

The process whereby the needs of an individual are identified alongside their impact on independence, daily functioning and quality of life so that appropriate care, health or other services can be planned. Where services might be required by more than one agency, multi-agency assessments may be undertaken.

See also Needs Assessment.

Assessment and Progress Records are being implemented under the Integrated Children’s System. They replace Assessment and Action Records and are used to assess and monitor the developmental progress of Looked After children, and to inform the Care Plan. The Assessment and Progress Record builds on the information held in the Assessment Record. There are four age related Assessment and Progress Records.

Assessments should be conducted in accordance with Chapter 1 of Working Together 2015, and the Local Protocol for Assessment.

AssetPlus is a new assessment and planning interventions framework developed by the Youth Justice Board (YJB) to replace Asset and its associated tools. AssetPlus has been designed to provide a holistic end-to-end assessment and intervention plan, allowing one record to follow a child or young person throughout their time in the youth justice system.

AssetPlus focuses on professional judgement of practitioners and will enable better-focused intervention plans to improve outcomes for children and young people.

You will be able to use AssetPlus through:

  • YOT case management systems; and
  • eAsset, the YJB case management and sentence planning system for the secure estate and the YJB Placement Service.

YJB National Standards require you to use AssetPlus

Youth Justice Board

Guidance AssetPlus: Assessment and Planning in the Youth Justice System (GOV.UK)

The UK’s Assisted Voluntary Return Scheme ‘Choices’ is run by Refugee Action, a registered charity providing free confidential advice and information for people considering returning to their country voluntarily. This includes asylum-seekers, those with temporary leave to remain and those with no legal status to remain in the UK.

Refugee Action Choices Service

An umbrella term for devices helping people to maintain their independence, for example, using equipment and adaptations in their homes. Assistive technology includes innovations to assist with communication, equipment for people with a hearing disability, access for people with a visual disability, computer access for people with a learning disability and supporting people with dementia. Telecare and Telemedicine are examples of Assistive Technology which enables individuals to be treated outside of hospital settings and supports them to live independently.

This is the database that the Home Office uses to log cases of Asylum Seekers.

Someone who has fled persecution and made a formal application for asylum within the UK and whose claim is being processed.

This order can no longer be made by the court. It was abolished under the Criminal Justice and Immigration Act 2009.

An Attendance Centre Order sentences a young person to attend an Attendance Centre. Attendance Centres are normally run by the police. The regime typically involves discipline, physical training and social skills. The order can last up to 36 hours depending on the age of the offender and the seriousness of the offence.

Someone appointed under either a Lasting Power of Attorney (LPA) or an Enduring Power of Attorney (EPA) who has the legal right to make decisions within the scope of their authority on behalf of the person (donor) who made the Power of Attorney.

A local authority has authority to place a child for adoption where a Placement Order has been granted or Parental Consent to adoptive placement has been given, witnessed by a CAFCASS officer or, in the case of a baby less than 6 weeks old, parental consent has been given in a written agreement with the local authority.

A Looked After child whose whereabouts are known but who is not at their placement or the place they are expected to be and the carer has concerns or the incident has been notified to the local authority or the police.

See also:

  • Absent
  • Missing
  • Missing Child
  • Missing from Care
  • Young Runaway

Statutory Guidance On Children Who Run Away Or Go Missing From Home Or Care (January 2014)

British Association for Adoption and Fostering (BAAF)

PLEASE NOTE: BAAF’s board of trustees announced the charity’s closure on the 31st July 2015

CoramBAAF will continue to operate as an independent membership organisation for agencies and individuals in the UK, and the following functions will continue to be provided by CoramBAAF: research, policy and development; membership administration; professional advice and professional development; publications; the National Adoption Register for England, the Independent Review Mechanism (England); National Adoption Week, and the Adoption Activity Days.

The following services will continue:

  • National Adoption Register is being managed independently by First4Adoption independent of any voluntary adoption agency;
  • Independent Review Mechanism is being run as a separate entity by independent legal centre CCLC;
  • Membership enquiries please contact abi.omotoso@baaf.org.uk;
  • For Publications go to The Bookshop or call 020 7421 2604;
  • For more information on Activity Days contact Teri Muir 07956 982271.

If you are currently fundraising for BAAF, please contact Margaret McCulloch, Coram Group Head of Fundraising, margaret.mcculloch@coram.org.uk 020 7520 0338

If you have a press enquiry, please contact Kate Harrison kate.harrison@smith.williamson.co.uk (Tel: 020 7131 4228) or Simon Seddonsimon.seddon@smith.williamson.co.uk (Tel: 020 7131 8428) from our press office. For journalists requiring urgent comment out of office hours please call 07801 968377.

For a full list of contacts during this transfer period please download Transferral of BAAF services – who to contact.

BAAF

When the court adjourns a case (moves the case to another date), it may decide to remand the young person, particularly when they are charged with more serious offences. If the court chooses to remand a young person, it can remand them on conditional or unconditional bail, to local authority accommodation or, with effect from 3 December 2012, to youth detention accommodation (a 12-17 year old can be remanded to youth detention accommodation, rather than local authority accommodation, if they meet one of two sets of conditions; the first are based on the type of offending and the second are based on the history of absconding or offending together with whether there is a real prospect of a custodial sentence).

Youth Justice Board

A programme of supervision and support provided or commissioned by the YOT during a period of bail, pending a court hearing.

Principle four, of the five principles specified in the Mental Capacity Act 2005, states:

An act done, or decision made, under this Act for or on behalf of a person who lacks capacity must be done, or made, in his best interests.

The principle covers all aspects of financial, personal welfare and healthcare decision-making and actions. It applies to anyone making decisions or acting under the provisions of the Mental Capacity Act 2005. This includes family carers, care workers, health and social care staff, attorneys appointed under a Lasting Power of Attorney or Enduring Power of Attorney, and deputies appointed by the Court of Protection.

Section 4 of the Act sets out how to determine the Best Interests of a person who lacks Capacity, to make a decision at the time it needs to be made.

The British Institute of Learning Disabilities is an organisation which works to improve the lives of people in the UK with a learning disability.

BILD works with the government and other organisations to improve the lives of people with learning disabilities.

They also undertake research and they accredit organisations providing Physical Intervention and Restraint training for children and adults.

BILD

A name given to procedures and safeguards for people who lack capacity to make relevant decisions but who need to be deprived of their liberty, in their best interests, otherwise than under the Mental Health Act 1983. The name refers to a case which was eventually decided by the European Court of Human Rights.

Breach Action may be taken against young people who have failed to comply with Court Orders relating to offending behaviour. Normally, breach action is taken after the young person has been issued and failed to comply with formal warnings. Failure to comply after warnings may lead to further Court action.

Under the Care Planning, Placement and Case Review and Fostering Services (Miscellaneous Amendments) Regulations 2013, if, during an assessment as to the suitability of a prospective foster carer, but before the assessment is complete, information comes to light indicating that the applicant is unlikely to be suitable to foster, a Brief Report can be compiled setting out details of the assessment done and the reasons for considering the applicant unsuitable. The Brief Report can be submitted to the Fostering Panel without the need to complete a full assessment.

The prospective foster carer must be notified that the Brief Report is to be sent to the panel, provided with a copy and given 10 working days from the date of the notification to send their observations to the fostering service provider. The Brief Report should then be presented to the fostering panel for a recommendation, along with any observations submitted by the applicant and any other relevant information. Taking into account the fostering panel’s recommendation, the Agency Decision Maker must then make a determination about whether to terminate the assessment or whether the full assessment should be completed.

PLEASE NOTE: BAAF’s board of trustees announced the charity’s closure on the 31st July 2015

CoramBAAF will continue to operate as an independent membership organisation for agencies and individuals in the UK, and the following functions will continue to be provided by CoramBAAF: research, policy and development; membership administration; professional advice and professional development; publications; the National Adoption Register for England, the Independent Review Mechanism (England); National Adoption Week, and the Adoption Activity Days.

The following services will continue:

  • National Adoption Register is being managed independently by First4Adoption independent of any voluntary adoption agency;
  • Independent Review Mechanism is being run as a separate entity by independent legal centre CCLC;
  • Membership enquiries please contact abi.omotoso@baaf.org.uk;
  • For Publications go to The Bookshop or call 020 7421 2604;
  • For more information on Activity Days contact Teri Muir 07956 982271.

If you are currently fundraising for BAAF, please contact Margaret McCulloch, Coram Group Head of Fundraising, margaret.mcculloch@coram.org.uk 020 7520 0338

If you have a press enquiry, please contact Kate Harrison kate.harrison@smith.williamson.co.uk (Tel: 020 7131 4228) or Simon Seddonsimon.seddon@smith.williamson.co.uk (Tel: 020 7131 8428) from our press office. For journalists requiring urgent comment out of office hours please call 07801 968377.

For a full list of contacts during this transfer period please download Transferral of BAAF services – who to contact.

BAAF

The British Institute of Learning Disabilities is an organisation which works to improve the lives of people in the UK with a learning disability.

BILD works with the government and other organisations to improve the lives of people with learning disabilities.

They also undertake research and they accredit organisations providing Physical Intervention and Restraint training for children and adults.

BILD

A broker is an individual or organisation that can help a person with their support needs. Brokerage can be done by the local authority, voluntary organisations, private companies or an individual. A professional broker is someone a person can pay to do this for them.

The Common Assessment Framework (CAF) is an early help inter-agency assessment. It offers a basis for early identification of children’s additional needs, the sharing of this information between organisations and the coordination of service provision. Early help assessments should identify what help the child and family require to prevent needs escalating to a point where intervention would be needed via a statutory assessment under the Children Act 1989.

The findings from the Common Assessment may give rise to concerns about the child’s safety and welfare. In these circumstances, it should be used to support a Referral to Children’s Social Care: however undertaking a CAF is not a pre-requisite for making a referral.

Department for Education website

Children and Family Court Advisory and Support Service (CAFCASS) is the Government agency responsible for Reporting Officers, Children’s Guardians and other Court officers appointed by the Court in Court Proceedings involving children.

In addition, where a parent wishes to consent to a child’s placement for adoption or give advance consent to a child’s adoption, the adoption agency must request CAFCASS to appoint an officer to witness the consent, having first ensured that it is given with full understanding of its implications.

CAFCASS

Identified person – within NHS and local authorities with social care responsibilities – who has the responsibility for the procedures governing access to, and the use of, person-identifiable information within the organisation, and the transfer of such information to other bodies.

A review was commissioned in 1997 by the Chief Medical Officer of England “owing to increasing concern about the ways in which patient information is being used in the NHS in England and Wales and the need to ensure that confidentiality is not undermined. Such concern was largely due to the development of information technology in the service, and its capacity to disseminate information about patients rapidly and extensively”.

A committee was established under the chairmanship of Dame Fiona Caldicott, Principal of Somerville College, Oxford, and previously President of the Royal College of Psychiatrists. Its findings were published in December 1997. The report highlighted six key principles,, listed below:

  1. Justify the purpose(s)
    Every proposed use or transfer of patient identifiable information within or from an organisation should be clearly defined and scrutinised, with continuing uses regularly reviewed, by an appropriate guardian.
  2. Don’t use patient identifiable information unless it is absolutely necessary
    Patient identifiable information items should not be included unless it is essential for the specified purpose(s) of that flow. The need for patients to be identified should be considered at each stage of satisfying the purpose(s).
  3. Use the minimum necessary patient-identifiable information
    Where use of patient identifiable information is considered to be essential, the inclusion of each individual item of information should be considered and justified so that the minimum amount of identifiable information is transferred or accessible as is necessary for a given function to be carried out.
  4. Access to patient identifiable information should be on a strict need-to-know basis
    Only those individuals who need access to patient identifiable information should have access to it, and they should only have access to the information items that they need to see. This may mean introducing access controls or splitting information flows where one information flow is used for several purposes.
  5. Everyone with access to patient identifiable information should be aware of their responsibilities
    Action should be taken to ensure that those handling patient identifiable information – both clinical and non-clinical staff – are made fully aware of their responsibilities and obligations to respect patient confidentiality.
  6. Understand and comply with the law
    Every use of patient identifiable information must be lawful. Someone in each organisation handling patient information should be responsible for ensuring that the organisation complies with legal requirements.

Child and adolescent mental health services (CAMHS) promote the mental health and psychological wellbeing of children and young people, and provide high quality, multidisciplinary mental health services to all children and young people with mental health problems and disorders to ensure effective assessment, treatment and support, for them and their families.

The voluntary and continuing permission of a person over 16 to agree to a course of action or inaction based on adequate knowledge of the purpose, nature, likely effects and risks of the proposed action/inaction including the likelihood of its success and any alterations to it.

Individuals will be assumed to have the Capacity to make informed decisions, unless there is clear evidence to the contrary.

Under the Mental Capacity Act 2005, a person is unable to make a decision if s/he is unable:

  • To understand the information relevant to the decision;
  • To retain that information;
  • To use or weigh that information as part of the process of making the decision; or
  • To communicate his/her decision.

In cases where there is evidence that a person lacks Capacity to make specific decisions, where appropriate, provision may be made to find a suitable independent person to represent their ‘best interest’ , for example an Independent Mental Capacity Advocate (IMCA).

 

The equivalent of Care Management in mental health services, for adults with severe mental health needs.

The Care Council for Wales is the social care workforce regulator in Wales and is responsible for promoting and securing standards across the social services and social care workforce.

For additional information see Care Council for Wales website.

 

The Care and Social Services Inspectorate for Wales (CSSIW) was established in April 2007, it replaced the Care Standards Inspectorate for Wales. The main function of the CSSIW is the regulation and inspection of care homes and children’s homes/schools.

CSSIW

The Care Standards Inspectorate for Wales was replaced, in April 2007, by the Care and Social Services Inspectorate for Wales (CSSIW)

CSSIW

A Care Order can be made in Care Proceedings brought under section 31 of the Children Act 1989 if the Threshold Criteria are met. The Order grants Parental Responsibility for the child to the local authority specified in the Order, to be shared with the parents.

A Care Order lasts until the child is 18 unless discharged earlier. An Adoption Order automatically discharges the Care Order. A Placement Order automatically suspends the Care Order, but it will be reinstated if the Placement Order is subsequently revoked.

All children who are the subject of a Care Order come within the definition of Looked After and have to have a Care Plan. When making a Care Order, the Court must be satisfied that the Care Plan is suitable.

In relation to children:

Every Looked After child must have a Care Plan completed and updated by the social worker.

The overall purpose of the plan is to safeguard and promote the interests of the child, prevent drift and focus work with the child and the family.

The Care Plan must be regularly reviewed at Looked After Reviews.

The Care Plan sets out its overall objectives and timescales (including, by the time of the second Looked After Review, how permanence will be achieved for the child), summarises the needs of the child, identifies the services required to meet those needs and describes the management and support of the plan by the local authority.

Before a Court grants a Care Order it must be satisfied that a suitable Care Plan has been drawn up.

The child’s overarching Care Plan should include:

  • Placement Plan (setting out why the placement was chosen and how the placement will contribute to meeting the child’s needs);
  • Permanence Plan (long-term plans for the child’s upbringing including timescales);
  • Pathway Plan (where appropriate, for young people leaving care);
  • Health Plan;
  • Personal Education Plan.

In relation to adults:

A plan of treatment or actions agreed with a service user following an assessment of need by a health or social care agency.

Care proceedings can be brought by the local authority under section 31 of the Children Act 1989 if there is concern that the child concerned is suffering or is likely to suffer Significant Harm attributable to the care being given to the child, or likely to be given if an Order were not made, not being what it would be reasonable to expect a parent to give, or the child being beyond parental control. This test is referred to as the Threshold Criteria.

The NSPCC also has statutory powers to intervene on behalf of children in the same way as the local authority can – see the ‘Using our legal powers’ page of the NSPCC website for more information.

Where care proceedings are brought, the Court can make a range of orders under the Children Act 1989. If the Court is satisfied that the threshold criteria are met, it can make a Care Order or Supervision Order.

The Care Quality Commission (CQC) is the independent regulator of health and social care in England. They regulate care provided by the NHS, local authorities, private companies and voluntary organisations. They aim to make sure better care is provided for everyone – in hospitals, care homes and people’s own homes. They also seek to protect the interests of people whose rights are restricted under the Mental Health Act.

Care Quality Commission website

 

A carer is someone who provides, or intends to provide, regular and substantial care to an adult or child who needs support because of disability, illness or frailty due to their age. The person may be employed or paid by an agency or organisation or be a friend or relative looking after someone on an unpaid or informal basis.

The processes undertaken when adult care needs are assessed and appropriate services are provided. Care Management includes: making available information about possible help; determining the level of assessment to be undertaken once a person has been referred; assessing their needs; developing a Care Plan and a Care Package to meet their needs; implementing the Care Plan, and monitoring and reviewing the Care Plan.

Services designed to meet an individual’s assessed needs as part of the Care Plan arising from their Assessment. This may consists of one or more services, which may be residential and / or community based. It may also be known as a Package of Care.

The Care Programme Approach (‘CPA’ )was introduced in England in the joint Health and Social Services Circular HC(90)23/LASSL(90)11. It requires health authorities, in collaboration with social services departments, to put in place specific arrangements for the care and treatment of people with mental ill health in the community.

It is a national system which sets out how ‘secondary mental health services’ should help people with mental illnesses and complex needs. Secondary mental health services include Community Mental Health Teams/Recovery Teams, Assertive Outreach Teams and Early Intervention Teams. It is a means of co-ordinating mental health care needs for those meeting the eligibility criteria.

A CPA care co-ordinator (usually a nurse, social worker or occupational therapist) should be appointed to co-ordinate the assessment and planning process. The care co-ordinator should  make sure that the Care Plan is reviewed regularly.

A multi-agency meeting held to discuss the outcome of a safeguarding adults investigation and to put in place a protection/safeguarding or safety plan.

Case Managers are responsible for assessment, planning, intervention/supervision and risk management of young offenders.

A Case Management Hearing is part of the case management procedures for dealing with public law children’s cases under the Public Law Outline. At the Hearing, the Court gives detailed case management directions, in line with the aim of completing cases within 26 weeks.

This includes drawing up the  timetable for the child and the timetable for the proceedings, identifying the key issue(s) and identifying the evidence necessary to enable the court to resolve the key issues

The first Case Management Hearing should take place on Day 12 of the proceedings. A Further Case Management Hearing should only be directed where necessary and must not be regarded as a routine step in proceedings.

Where a decision is made that a child requires a Child Protection Plan, the category of abuse or neglect must be specified by the Conference Chairperson.

There is no fixed panel membership, no maximum number of members and no maximum tenure of office for membership of the Fostering or Adoption Panels.

Members must be drawn from a Central List of persons with the appropriate qualifications and/or experience.

In the case of the Fostering Panel, the Central List must include one or more social workers who have at least three years’ relevant post-qualifying experience.

In the case of the Adoption Panels, the Central List must include:

  • Adoption social workers with at least 3 years’ relevant post qualifying experience in child care social work, including direct experience in adoption work (not necessarily employed by the agency);
  • The Medical Adviser/s;
  • Other persons whom the agency considers suitable including specialists in education, race and culture and child and adolescent mental health services; and those with personal experience of adoption.

Child and adolescent mental health services (CAMHS) promote the mental health and psychological wellbeing of children and young people, and provide high quality, multidisciplinary mental health services to all children and young people with mental health problems and disorders to ensure effective assessment, treatment and support, for them and their families.

Child Arrangements Orders were introduced in April 2014 by the Children and Families Act 2014 (which amended section 8 Children Act 1989). They replace Contact Orders and Residence Orders.

A Child Arrangements Order means a court order regulating arrangements relating to any of the following –

  1. With whom a child is to live, spend time or otherwise have contact; and
  2. When a child is to live, spend time or otherwise have contact with any person.

The ‘residence’ aspects of a Child Arrangements Order (i.e. with whom a child is to live/when a child is to live with any person) can last until the child reaches 18 years unless discharged earlier by the Court or by the making of a Care Order.

The ‘contact’ aspects of a Child Arrangements Order (with whom and when a child is to spend time with or otherwise have contact with) cease to have effect when the child reaches 16 years, unless the court is satisfied that the circumstances of the case are exceptional.

A person named in the order as a person with whom the child is to live, will have Parental Responsibility for the child while the order remains in force. Where a person is named in the order as a person with whom the child is to spend time or otherwise have contact, but is not named in the order as a person with whom the child is to live, the court may provide in the order for that person to have Parental Responsibility for the child while the order remains in force.

Child Arrangements Orders are private law orders. Where a child is the subject of a Care Order, there is a general duty on the local authority to promote contact between the child and the parents. A Contact Order can be made under section 34 of the Children Act 1989 requiring the local authority to allow the child to have contact with a named person.

The Child Assessment Order which can be made under section 43 of the Children Act 1989 is for cases where there are suspicions, but no firm evidence, of actual or likely Significant Harm but in circumstances not constituting an emergency.

A Child Assessment Order directs a person who is in a position to do so to produce the child to the person named in the Order so that an assessment may take place and comply with any directions or other requirements included. The Order authorises the carrying out of the assessment in accordance with the terms of the Order.

Under the Crime and Disorder Act 1998, there is provision for local curfew schemes which allow local authorities to make Child Curfew Orders to ban children of specified ages (under 10) from being in a public place during specified hours.

Under Section 17 (10) of the Children Act 1989, a child is a Child in Need if:

  • He/she is unlikely to achieve or maintain, or have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for him/her of services by a local authority;
  • His/her health or development is likely to be significantly impaired, or further impaired, without the provision for him/her of such services; or
  • He/she is disabled.

A Child in Need Plan (also known as a Child’s Plan) should be drawn up for children who are not Looked After but are identified as Children in Need who requiring services to meet their needs. It should be completed following an Assessment where services are identified as necessary.

Under the Integrated Children’s System, if a Child is subject to a Child Protection Plan, it is recorded as part of the Child in Need Plan.

The Child in Need Plan may also be used with children receiving short break care in conjunction with Part One of the Care Plan.

Child protection is a part of Safeguarding and Promoting the Welfare of Children. This refers to the activity that is undertaken to protect specific children who are suffering, or are likely to suffer, Significant Harm.

A Child Protection Conferences are convened where children are considered to be at risk of Significant Harm. For further detail see Initial Child Protection Conference or Child Protection Review Conference.

A Child Protection Enquiry (usually referred to as a Section 47 Enquiry) is required if there are reasonable grounds to suspect that a child is suffering or is likely to suffer Significant Harm.

This normally occurs after an Assessment and a Strategy Discussion/Meeting.

Section 47 Enquiries are usually conducted by a social worker, jointly with the Police, and must be completed within 15 days of a Strategy Discussion/Meeting.

At that stage, an Initial Child Protection Conference is convened to establish whether the child is at continuing risk of Significant Harm. If so a multi-agency Child Protection Plan is drawn up for the child.

Where a Child Protection Conference determines that a child is at continuing risk of Significant Harm, a multi-agency Child Protection Plan is formulated to protect the child. A Core Group of professionals, including the Lead Social Worker, are responsible for keeping the Child Protection Plan up to date and co-ordinating inter-agency activities within it.

In line with Working Together to Safeguard Children the Child Protection Register has now been replaced by a Record of Children with a Child Protection Plan.

This Manual therefore refers to Children with Child Protection Plans, rather than registered children.

Child Protection Review Conferences are convened in relation to children who are already subject to a Child Protection Plan. The first review conference is normally convened three months after a Child Protection Plan is first drawn up, then at intervals of not more than six months.

The purpose of the Review Conference is to review the safety, health and development of the child in view of the Child Protection Plan, to ensure that the child continues to be adequately safeguarded and to consider whether the Child Protection Plan should continue or change or whether it can be discontinued.

Child Safety Orders were introduced by the Crime and Disorder Act, applicable to children under 10 who were involved in criminal behaviour and would be arrested if they had criminal responsibility.

Child sexual exploitation is a form of child sexual abuse. It occurs where an individual or group takes advantage of an imbalance of power to coerce, manipulate or deceive a child or young person under the age of 18 into sexual activity (a) in exchange for something the victim needs or wants, and/or (b) for the financial advantage or increased status of the perpetrator or facilitator. The victim may have been sexually exploited even if the sexual activity appears consensual. Child sexual exploitation does not always involve physical contact; it can also occur through the use of technology.

Section 48 of the Modern Slavery Act 2015 introduced Independent Child Trafficking Advocates to be available to represent and support children where there are reasonable grounds to believe they may be victims of human trafficking.

A one year trial of the Independent Child Trafficking Service took place across 23 local authority areas in England in 2015. Following this, in July 2016, it was announced that the Government proposes to introduce independent child trafficking advocates at three early adopter sites which will be chosen by competition. The Home Office with the Department for Education (DfE) is also commissioning a training programme for existing independent advocates.

The Child Trust Fund is a savings and investment account for children born on or after 1st September 2002 and on or before 2nd January 2011. From 2011 new Child Trust Funds ceased and were replaced by Junior ISAs. Pre-existing Child Trust Funds continue.

Child Trust Fund

People paid by parents to care for children in their own homes for more than two hours a day. Childminders are either registered  individually with Ofsted, or are a member of a childminding agency which is registered with Ofsted.

This is the report which the child’s social worker has to present to the Adoption Panel where the Panel’s recommendation is sought that the child should be placed for adoption.

The author of the report must be suitably qualified and experienced and/or supervised by a suitably qualified and experienced social worker.

This is the plan for a Child in Need of Services who is not Looked After. In appropriate cases it will include a Child Protection Plan.

Children and Family Court Advisory and Support Service (CAFCASS) is the Government agency responsible for Reporting Officers, Children’s Guardians and other Court officers appointed by the Court in Court Proceedings involving children.

In addition, where a parent wishes to consent to a child’s placement for adoption or give advance consent to a child’s adoption, the adoption agency must request CAFCASS to appoint an officer to witness the consent, having first ensured that it is given with full understanding of its implications.

CAFCASS

The Children and Young People’s Plan (CYPP) is an important element of the Every Child Matters reform programme. It has been a powerful force in driving forward better local integration of children’s services and the development of local partnership arrangements.

The Children and Young People’s Plan (England) (Amendment) Regulations 2007 came into force in February 2007. They will apply to all plans published from October 1st 2007.

Every Child Matters – Child and Young Person’s Plan

Under Section 17 (10) of the Children Act 1989, a child is a Child in Need if:

  • He/she is unlikely to achieve or maintain, or have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for him/her of services by a local authority;
  • His/her health or development is likely to be significantly impaired, or further impaired, without the provision for him/her of such services; or
  • He/she is disabled.

The government is establishing a network of children’s centres, providing good quality childcare integrated with early learning, family support, health services, and support for parents wanting to return to work or training.

Children’s Commissioner for England

The Children Act 2004 introduced, for the first time, the role of an independent Children’s Commissioner for England. The Children and Families Act 2014 implemented recommendations in John Dunford’s Review of the Office of the Children’s Commissioner including:

  • Giving the Commissioner a statutory remit to ‘promote and protect children’s rights’;
  • Introducing changes to make the Commissioner more independent from Government.

The Commissioner, whose primary function is promoting and protecting the rights of children in England, was appointed in March 2005. This includes promoting awareness of the views and interests of children. The Commissioner’s duties include:

  • Advising the government of children’s views and interests;
  • Encouraging organisations whose activities affect children to take account of children’s views;
  • Considering and researching matters affecting children’s interests, and publishing reports on them;
  • Considering the potential effect on the rights of children of government policy proposals and government proposals for legislation;
  • Bringing any matter to the attention of either House of Parliament;
  • Investigating the availability and effectiveness of complaints procedures so far as relating to children;
  • Investigate the availability and effectiveness of advocacy services for children;
  • Investigating any other matter relating to the rights or interests of children;
  • Monitoring the implementation in England of the United Nations Convention on the Rights of the Child.

From 1 April 2014, the Children’s Commissioner took over the work previously carried out by the Children’s Rights Director in relation to children living away from home, and that office ceased to exist.

Children’s Commissioner for England Website

 

Children’s Commissioner for Wales

The Children’s Commissioner for Wales Act 2001 introduced the role of an independent Children’s Commissioner for Wales, whose general role is to safeguard and promote the rights and welfare of children in Wales. The Commissioner’s duties include advising everyone about the role of the Commissioner and children’s rights; meeting children and listening to what they say about issues that affect them; talking to children about the Commissioner’s work and what else they think the Commissioner should do; looking at the work of local authorities, health trusts and other organisations to see if they are thinking about children’s rights; and telling people who can make a difference what children and young people think is important and how to improve things.

Children’s Commissioner for Wales website

The Children’s Fund is a central part of the government’s strategy to tackle the disadvantages and inequalities that derive from child poverty and social exclusion. The fund is targeted at supporting 5-13 year olds. In particular, it aims to stimulate a shift from remedial action towards coherent local preventive strategies. The fund focuses on developing services that support multi-agency working, including services that identify children showing early signs of difficulty. The aim is to prevent children falling into drug abuse, truancy, exclusion, unemployment and crime, and to raise aspirations and prevent underachievement. The Children’s Fund is managed by local partnerships who make decisions about which projects to fund in their area.

A Children’s Guardian is an officer of CAFCASS appointed by the Court to safeguard the interests of the child in Court proceedings involving the local authority.

A Children’s Guide should be provided to all children who enter a Children’s Home or a Foster Home. The guide is provided for children outlining the services they can expect to receive, house rules, routines and details about how to complain and/or how they can access advocacy services.

From March 2015 the Children’s Homes Regulations were amended to the Quality Standards which apply to all Children’s Homes in England, including homes providing respite or shared care and secure accommodation. They are underpinned by the National Minimum Care Standards.

Note: On 1 April 2014, the role of Children’s Rights Director ceased to exist. The work previously carried out by the Children’s Rights Director transferred to the Children’s Commissioner.

When in existence, the Children’s Rights Director had a narrower role/remit than that of the Children’s Commissioner, namely to to advise the Chief Inspector of the views of children and young people living away from home (for example in a children’s home, boarding school, residential special school, further education college or residential family centre, in foster care or adopted), care leavers, or receiving local authority social services assistance, and to report to the Chief Inspector anything s/he considered significant.

The CWDC was set up to promote the training needs for everyone whose work is mainly with children, young people and families – whether professionally or in a voluntary capacity. CWDC closed on 31 March 2012 with its key work transferring to the Teaching Agency (Early Years, Educational Psychology and Standards and Qualifications), Children’s Improvement Board (Integrated Working) and the Department for Education (Sector Leadership and Social Work).

 

Chronologies can be used in different ways. Many professionals, such as social workers, are required to maintain a Chronology for children on their caseload, to records all significant events and changes in the life of a child.

Also, as part of the process for Serious Case Reviews, agencies are required to draw up Chronologies relating to their involvement with children. These Chronologies are then brought together as an Overview Integrated Chronology, which can be used as an analytical tool to help understand the impact of events and changes on the child in question.

See Domestic Violence Disclosure Scheme

On 1 April 2013, Primary Care Trusts (‘PCT’s) were abolished and replaced with Clinical Commissioning Groups (CCGs). CCGs have taken on many of the functions of PCTs and in addition some functions previously undertaken by the Department of Health.

All GP practices belong now to a CCG and the groups also include other health professionals, such as nurses. CCGs commission most services, including:

  • Planned hospital care;
  • Rehabilitative care;
  • Urgent and emergency care (including out-of-hours);
  • Most community health services;
  • Mental health and learning disability services.

CCGs can commission any service provider that meets NHS standards and costs. These can be NHS hospitals, social enterprises, charities, or private sector providers.

However, they must be assured of the quality of services they commission, taking into account both National Institute for Health and Care Excellence (NICE) guidelines and the Care Quality Commission’s (CQC) data about service providers.

Closure Records are being implemented under the Integrated Children’s System. They summarise the impact of actions and services provided to a child and family, and the evidence that supports the decision to close a case. The Closure Record should be completed by the social worker when it is planned to cease work with a child or young person and family.

See Individual Commissioning.

See Outcome-based Commissioning.

See Strategic Commissioning.

The Common Assessment Framework (CAF) is an early help inter-agency assessment. It offers a basis for early identification of children’s additional needs, the sharing of this information between organisations and the coordination of service provision. Early help assessments should identify what help the child and family require to prevent needs escalating to a point where intervention would be needed via a statutory assessment under the Children Act 1989.

The findings from the Common Assessment may give rise to concerns about the child’s safety and welfare. In these circumstances, it should be used to support a Referral to Children’s Social Care: however undertaking a CAF is not a pre-requisite for making a referral.

Department for Education website

The Common Core of Skills and Knowledge for the Children’s Workforce sets out the basic skills and knowledge needed by people (including volunteers) whose work brings them into regular contact with children, young people and families.

It will enable multi-disciplinary teams to work together more effectively in the interests of the child. Over time, it is expected that everyone working with children, young people and families will be able to demonstrate a basic level of competence.

In the future, the Common Core will form part of qualifications for working with children, young people and families and it will act as a foundation for training and development programmes run by employers and training organisations.

Every Child Matters – Common Core Skills and Knowledge

A Community Care Assessment is the generic term for comprehensive and specialist assessments for adults.

Services helping people live full and independent lives. They are intended to help people overcome particular difficulties and to assist people to live in their own home/local area for as long as possible.

Health services such as district nursing, which are provided by NHS staff working in the community.

A registered nurse with specialist training in mental health. They visit people with mental health issues, usually living in the community to attempt to ensure that they are coping and to give medication as prescribed.

Also known as Community Psychiatric Nurses.

Multi-disciplinary teams made up of psychiatrists, social workers, community mental health nurses, psychologists and therapists. Provides assessment, treatment and care in the community, rather than in hospitals, for people with severe and/or long-term mental health problems.

 See Community Mental Health Nurses.

Community Punishment Orders may be imposed on Young People in relation to their offending behaviour in order to provide a rigorous and effective punishment; secure the rehabilitation of the Young Person, where possible; reduce the likelihood of re-offending; enable Reparation to be made to the community.

Since 30th November 2009, this order was no longer available and has been replaced by the Youth Rehabilitation Order.

Youth Justice Board

See Supervised Community Treatment

These are approved foster carers who are also approved as prospective adopters. They are able therefore to provide a permanent home through adoption for a child placed with them as a foster child if rehabilitation work with the birth family is not successful.

A Young Person may receive a Conditional Discharge in criminal proceedings. A Young Person receiving a Conditional Discharge receives no immediate punishment. A period of between 6 months and 3 years is set and, as long as the young person does not commit a further offence during this period, no punishment will be imposed. However, if the young person commits another offence during this period, they can be brought back to court and re-sentenced.

A relative, friend or other person connected with a child. The latter is someone who would not fit the term ‘relative or friend’, but who has a pre-existing relationship with the child.  It could be someone who knows the child in a more professional capacity such as (for example) a childminder, a teacher or a youth worker.

Placements of Looked After Children with Connected Persons who have not been approved as foster carers can be made under Regulation 24 of the Care Planning, Placement and Review (England) Regulations 2010 – see Regulation 24 Placement.

Relative is defined as “a grandparent, brother, sister, uncle or aunt (whether of the full blood or half blood or by marriage or civil partnership) or step-parent”.

 

Clear, voluntary and continuing permission of the person to the intervention based on adequate knowledge and information of the purpose, nature, likely effects and risks of that intervention, including the likelihood of its success and any other options and their consequences.  Consent can be given orally or in writing.

(Private Law)

Note: from April 2014, private law Contact Orders and Residence Orders were replaced by Child Arrangements Orders.

Prior to April 2014, a Contact Order was a private law Order made by the Court, under section 8 of the Children Act 1989, requiring the person with whom a child lives to allow the child to have contact with the person named in the order.

The situation regarding contact with a child in care under Section 34 Children Act 1989 remains unchanged.

All plans for children should include a Contingency Plan setting out the steps that need to be taken if the primary objectives are not achieved.

As part of permanence planning for Looked After Children, Contingency Plans must be drawn up to ensure that alternative plans have been explored and are available without delay if the preferred permanent outcome proves unachievable. This is sometimes referred to as ‘Twin Track’ or ‘Parallel’ Planning.

NHS continuing healthcare is free care outside of hospital that is arranged and funded by the NHS. It is only available for people who need ongoing healthcare and meet the eligibility criteria described below. NHS continuing healthcare is sometimes called fully funded NHS care.

NHS continuing healthcare can be provided in any setting, including a care home, hospice or the home of the person concerned. If someone in a care home gets NHS continuing healthcare, it will cover their care home fees, including the cost of accommodation, personal care and healthcare costs.

If NHS continuing healthcare is provided in the home of the person concerned, it will cover personal care and healthcare costs.

To be eligible for NHS continuing healthcare, the person concerned must be assessed as having a “primary health need” and have a complex medical condition and substantial and ongoing care needs.

For further information go to the NHS choices website

 

This concept was introduced by the Safeguarding Vulnerable Groups Act 2006 as part of the Vetting and Barring Scheme, along with the concept of ‘Regulated Activity’.

However, this part of the 2006 Act has never come into force as, prior to its full implementation, there was a Government Review, resulting in a scaled-back Vetting and Barring Scheme (as set out in the Protection of Freedoms Act 2012.)  In the revised Scheme, the scope of ‘Regulated Activity’ was reduced, and the concept of Controlled Activity was abolished.

Controlled Activity would have covered support work (paid or voluntary) in settings such as health, education or social care when the activity was ‘frequent’ (once a month or more) or ‘intensive'(three or more days in a 30-dayperiod).This would have covered, for example, receptionists, car park attendants, catering staff, caretakers, records clerks, cleaners and administrative staff working in such settings or having access to personal records such as health or social care records.

See also the definition of Regulated Activity.

In October 2013, Voice, previously called ‘Voice of the Child in Care (VCC)’, joined the Coram group of charities and became Coram Voice.

Coram Voice is an independent service for Looked After Children which provide advocacy, independent representatives for Secure Accommodation Criteria Reviews and independent persons for Complaints investigations.

Coram Voice

NOTE: Working Together 2013 removed the requirement  for separate Initial Assessments and Core Assessments in order to help bring continuity and consistency for children and families. Local authorities should determine their local assessment processes through a local protocol. One Assessment may be undertaken instead, which should be completed no longer than 45 working days from the point of referral.

The term Core Group is normally used in relation to children subject to a multi-agency Child Protection Plan. Core Groups are made up of professionals from differing agencies, including the Lead Social Worker, who are responsible for implementing and monitoring the Child Protection Plan.

In broad terms, the principle of Corporate Parenting is quite simple: that as the corporate parent of looked after children, a local authority has a legal and moral duty to provide the kind of loyal support that any good parents would provide for their own children.

Someone appointed by the Court of Protection with ongoing legal authority as described by the Court to make decisions on behalf of a person who lacks capacity to make particular decisions as set out in section 16(2) of the Mental Capacity Act 2005.

The specialist Court for all issues relating to people who lack capacity to make specific decisions. The Court of Protection is established under section 45 of the Mental Capacity Act 2005 (MCA).

Prior to 3 December 2012, a secure remand placement was available to the courts in certain circumstances for boys aged 12 to 14 and girls 12 to 16.

Since 3 December 2012, all children remanded other than on bail can only be dealt with by way of a Remand to Local Authority Accommodation or a Remand to Youth Detention Accommodation.

Documents provided to the YOT by the Crown Prosecution Service relating to their prosecution evidence.

Where a decision is made that a child requires a Child Protection Plan, the Conference Chair must ensure that the criteria for the decision are met, i.e. that the child is at continuing risk of Significant Harm.

Criminal Behaviour Orders (‘CBOs’), under Part 2 of the Anti-social Behaviour, Crime and Policing Act 2014, came into force on 20 October 2014.  They replace the Anti-social Behaviour Order (ASBO) on conviction and the Drinking Banning Order (DBO) on conviction.

The CBO is available on conviction for any criminal offence in any criminal court. The order is aimed at tackling the most serious and persistent offenders who engage in criminal activity as well as anti-social behaviour, where their behaviour has brought them before a criminal court.

CBOs include prohibitions to stop the anti-social behaviour (by prohibiting specified acts), and may also include requirements to address the underlying causes of the offender’s behaviour by requiring the offender to participate in specified acts e.g. attendance at a course.

The court may make a CBO against an offender only on the application of the prosecution. For a CBO to be made:

  • The court must be satisfied, beyond reasonable doubt, that the offender has engaged in behaviour that caused, or was likely to cause, harassment, alarm or distress to any person; and
  • That the court considers making the order will help in preventing the offender from engaging in such behaviour.

The order will begin from the day it is issued and, for those under 18 years old it will last between 1 and 2 years, being reviewed every 12 months from the day it was made. For adults over 18 the order will last a minimum of 2 years and can last indefinitely. Failure to comply is a criminal offence and as such can result in imprisonment and/or a fine.

Further Information

Criminal Behaviour Orders (CPS Guidance)

With effect from 1st December 2012, the Criminal Records Bureau and the Independent Safeguarding Authority merged to form a new body – the Disclosure and Barring Service.

Prior to that date, the Criminal Records Bureau conducted police checks to enable an assessment to be made on the suitability of a person to care for or work with children/Vulnerable Adults. These checks are now carried out by the Disclosure and Barring Service.

The Care Standards Inspectorate for Wales was replaced, in April 2007, by the Care and Social Services Inspectorate for Wales (CSSIW)

CSSIW

The Care Standards Inspectorate for Wales was replaced, in April 2007, by the Care and Social Services Inspectorate for Wales (CSSIW)

CSSIW

The CWDC was set up to promote the training needs for everyone whose work is mainly with children, young people and families – whether professionally or in a voluntary capacity. CWDC closed on 31 March 2012 with its key work transferring to the Teaching Agency (Early Years, Educational Psychology and Standards and Qualifications), Children’s Improvement Board (Integrated Working) and the Department for Education (Sector Leadership and Social Work).

Cyberbullying is when a person is tormented, threatened, harassed, humiliated, embarrassed or otherwise targeted by another person by way of the Internet, interactive and digital technologies, mobile phones or email. Cyberbullying can be a form of Emotional Abuse.

 

The Children and Young People’s Plan (CYPP) is an important element of the Every Child Matters reform programme. It has been a powerful force in driving forward better local integration of children’s services and the development of local partnership arrangements.

The Children and Young People’s Plan (England) (Amendment) Regulations 2007 came into force in February 2007. They will apply to all plans published from October 1st 2007.

Every Child Matters – Child and Young Person’s Plan

Assessments for dangerousness are required where:

A young person convicted of a specified or serious specified offence (defined by schedule 15 of the Criminal justice Act 2003) is being sentenced in the Crown Court.

In other cases, pre-sentence reports will not normally need to address ‘dangerousness’ unless:

  • The court requests it; or
  • There are other specific or exceptional factors associated with a case that require such an assessment to be made.

Full detailed guidance on the Criminal Justice Act 2003, the Criminal Justice and Immigration Act 2008 and ’dangerousness’ can be found on the YJB website.

YJB website: http://www.justice.gov.uk/youth-justice/publications

DASH (Domestic Abuse, Stalking and Harassment and Honour-Based Violence) Risk Identification Checklist (RIC) is a tool used to help front-line practitioners identify high risk cases of Domestic Violence and Abuse, stalking and honour-based violence that can assist in deciding which cases should be referred to MARAC and what other support might be required.

This Department was set up 28 June 2007 and replaced the Department for Education and Skills (DfES).

Following the change in Government in May 2010, the DCSF was replaced by the Department for Education.

Department for Education (ex DCSF)

Under the Mental Capacity Act 2005 (MCA) many different people may be required to make decisions or act on behalf of someone who lacks capacity to make decisions for themselves. The person making the decision is referred to throughout the Code as the “decision-maker”, and it is the decision-maker’s responsibility to work out what would be in the best interests of the person who lacks capacity.

A syndrome (a group of related symptoms) associated with an ongoing decline of the brain and its abilities, which diminish the ability to do everyday tasks. Symptoms include loss of memory, difficulty in understanding people and finding the right words, difficulty in completing simple tasks and solving minor problems, mood changes and emotional upsets.

This Department was set up 28 June 2007 and replaced the Department for Education and Skills (DfES).

Following the change in Government in May 2010, the DCSF was replaced by the Department for Education.

Department for Education (ex DCSF)

The Department for Education was formed on 12 May 2010 (previously called the Department for Children, Schools and Families) and is responsible for education and children’s services.

Department for Education (ex DCSF)

When an asylum claim and subsequent appeal is refused, a Deportation Order will be issued. Anyone subject to a Deportation Order is required to leave the UK, and can be detained until they are removed. It also prohibits them from re-entering the country for as long as it is in force and invalidates any leave to enter or remain in the UK granted before the Order was made or while it is in force.

The Mental Capacity Act  Deprivation of Liberty Safeguards (DOLS) were created as an amendment to the Mental Capacity Act 2005 (introduced by the Mental Health Act 2007) to provide a legal process to authorise the deprivation of liberty of a person in a hospital or care home who lacks Capacity to consent.

The Adoption (Recognition  of Overseas Adoptions) Order 2013 enables adoption orders in countries listed in the Order to be recognised in the UK and registered on the Adoption Children Register.

Working Together 2015 says that Local authorities should have designated a particular officer, or team of officers (either as part of multi-agency arrangements or otherwise), to be involved in the management and oversight of allegations against people that work with children. Any new appointments to such a role, other than current or former designated officers moving between local authorities, should be qualified social workers.

The Designated Officer (or team of officers) will provide advice and guidance on how to deal with allegations against people who work with children to employers and voluntary organisations; liaise with the police and other agencies to monitor the progress of cases and ensure that they are dealt with as quickly as possible, consistent with a thorough and fair process.

This role can also be known as Local Authority Designated Officer.

The Designated Medical Officer for children and young people aged 0-25 with Special Educational Needs (SEN) and disabilities provides the point of contact for local authorities, schools and colleges seeking health advice on children and young people who may have SEN or disabilities, and provides a contact for Clinical Commissioning Groups or health providers so that appropriate notification can be given to the local authority of children who they think may have SEN or disabilities.

This is a non-statutory role which would usually be carried out by a paediatrician, but there is local flexibility for the role to be undertaken by a suitably competent qualified and experienced nurse or other health professional (in which case the role would be the Designated Clinical Officer).

Guidance:

Special Educational Needs and Disability Code of Practice: 0 – 25 years Statutory Guidance for Organisations who work with Children and Young People with Special Educational Needs and Disabilities (2014).

All Clinical Commissioning Groups (formerly Primary Care Trusts) should have a Designated Doctor and Nurse to take a strategic, professional lead on all aspects of the health service contribution to safeguarding children across all the CCG area, which includes all providers. Designated professionals provide advice and support to Named Professionals in each provider trust. They also play an important role in promoting, influencing and developing relevant training to ensure the training needs of health staff are addressed. They also provide skilled professional involvement in child safeguarding processes and Serious Case Reviews. See also Named Professional.

Each agency which employs persons to work with children must appoint a Designated Senior Manager to whom all allegations or concerns of abuse by staff are reported and whose responsibilities include ensuring that the correct procedure is followed when such allegations or concerns are raised. The Designated Senior Manager will liaise with the Local Authority Designated Officer and attend Strategy Meetingsas appropriate.

Each school should appoint a Designated Teacher. This person’s role is to co-ordinate policies, procedures and roles in relation to Child Protection and in relation to Looked After Children.

Detention Placement Plans were introduced with effect from 19 April 2013, by the Care Planning, Placement and Case Review (England) (Amendment) Regulations 2013. They apply where a child/young person is remanded by a court to Youth Detention Accommodation.

Where the child/young person was Looked After immediately before being remanded, the Detention Placement Plan will replace the Placement Plan.

Where the child/young person was not Looked After immediately before being remanded, a Detention Placement Plan must be prepared instead of a Care Plan/ Placement Plan.

A Detention Placement Plan must be prepared within 10 working days of the remand.

The Detention & Training Order (DTO) sentences a young person to custody. It can be given to 12- to 17-year-olds. The length of the sentence can be between four months and two years. The first half of the sentence is spent in custody whilst the second half is spent in the community under the supervision of the Youth Offending Team. The court can require the young person to be on an Intensive Supervision and Surveillance Programme (ISSP) as a condition of the community period of the sentence.

A DTO is only given by the courts to young people who represent a high level of risk, have a significant offending history or are persistent offenders and where no other sentence will manage their risks effectively. The seriousness of the offence is always taken into account when a young person is sentenced to a DTO.

Launched in November 2006, the Dignity in Care Campaign aims to stimulate a national debate around dignity in care and create a care system where there is zero tolerance of abuse and disrespect of adults. It is led by government in partnership with many organisations that provide and commission care and protect the interests of those using care services and their carers.

The campaign has over 40,000 registered Dignity Champions (individuals and care organisations), including councillors, staff at all levels in NHS and social care, volunteers, service users, their carers and members of the public.

Dignity in Care – Campaign

 

Direct Payments are cash payments made in lieu of social care service provisions, to individuals who have been assessed as needing services. They can be made to disabled people aged 16 or over, to people with parental responsibility for disabled children, and to carers aged 16 or over in respect of carer services.

Every top tier local authority in England should appoint a Director of Children’s Services under section 18 of the Children Act 2004. Directors are responsible for discharging local authority functions that relate to children in respect of education, social services and children leaving care. They are also responsible for discharging functions delegated to the local authority by any NHS body that relate to children, as well as some new functions conferred on authorities by the Act, such as the duty to safeguard and protect children, the Children and Young People’s Plan, and the duty to co-operate to promote well-being.

Under Section 17 of the Children Act 1989, a child is disabled, and will therefore be included in the definition of a Child in Need, if s/he is blind, deaf or dumb or suffers from a mental disorder of any kind or is substantially and permanently handicapped by illness, injury or congenital deformity.

Local arrangements will determine the specific referral criteria for Disabled Childrens Teams.

This is where an application by an Asylum Seeker has been refused and the Benefits Agency cuts off support.

The Disclosure and Barring Service was established by the Protection of Freedoms Act 2012, which made various changes to the Vetting and Barring Scheme. With effect from 1st December 2012, the Criminal Records Bureau and the Independent Safeguarding Authority merged to become one body – the Disclosure and Barring Service. This body carries out the previous functions of both organisations, such as conducting criminal record checks to enable an assessment to be made on the suitability of a person to care for or work with children/Vulnerable Adults(previously carried out by the Criminal Records Bureau) and maintaining the Barred Lists of individuals barred from working with children and/or Vulnerable Adults (previously held by the Independent  Safeguarding Authority). These Barred Lists replaced the former  List 99 and PoCA List (Protection of Children Act 1999).

Under the Vetting and Barring Scheme, any person barred from working with children or Vulnerable Adults is breaking the law if they work or volunteer, or try to work or volunteer with those groups. An organisation which knowingly employs someone who is barred to work with those groups will also be breaking the law. If an organisation works with children or Vulnerable Adults and dismisses a member of staff or volunteer because they have harmed a child or Vulnerable Adult, or would have done so if they had not left, the employer must inform the Disclosure and Barring Service.

For additional information see the Disclosure and Barring Service website.

With effect from 17 June 2013, an optional online Update Service is operated by the  Disclosure and Barring Service (DBS), designed to reduce the number of DBS checks requested.

Instead of a new criminal records/Barred Lists check being necessary whenever an individual applies for a new paid or voluntary role working with children/Vulnerable Adults, individuals can opt to subscribe to the online Update Service. This will allow them to keep their criminal record certificate up to date, so that they can take it with them from role to role, within the same workforce.

Employers do not need to register, but can carry out free, instant, online status checks of a registered individual’s status. A new DBS check will only be necessary if the status check indicates a change in the individual’s status (because new information has been added).

Disclosure and Barring Service website

This is a limited permission granted to an Asylum Seeker, to stay in the UK for 3 years – it can then be extended or permission can then be sought to settle permanently.

Discriminatory abuse links into all other forms of abuse.

Discriminatory abuse exists when values, beliefs or culture result in a misuse of power that denies mainstream opportunities to some groups or individuals.

It is the exploitation of a person’s vulnerability, resulting in repeated or pervasive treatment of an individual, which excludes them from opportunities in society, for example, education, health, justice, civic status and protection.

It includes discrimination on the basis of race, gender, age, sexuality, disability or religion.

This is a system whereby Asylum Seekers are housed outside London and the South East of England and are offered accommodation on a no-choice basis in other areas of the country where there is a supply of empty properties.

A person is disqualified from being approved as an adoptive parent if s/he or any adult member of the household has been cautioned for or convicted at the age of 18 or over of an offence against a child or any of the list of offences specified in the Adoption Agencies Regulations 2005, Regulation 23 and Schedule 3, Parts 1, 2 and 3.

A person is disqualified from acting as a Foster Carer for the local authority (unless a relative of the child or already acting as a foster carer) or as a Private Foster Carer if s/he or any adult member of the household has been cautioned for or convicted of an offence against a child which involves violence or bodily injury (other than common assault or battery), cruelty (to a child under 16), indecency, abduction, the supply of Class A drugs to or the importation/possession of indecent photographs of a child under 16 or a sexual offence against a child unless the offence was contrary to sections 6,12 or 13 of the Sexual offences Act 1956 and the person concerned was under 20 when the offence was committed. A list of the specific offences is set out in the Criminal Justice and Court Services Act 2000.

Staff, volunteers and contractors who are likely to have unsupervised contact with children are disqualified from doing so if they have been convicted or cautioned of the offences above.

Multi-agency Domestic Homicide Reviews were established on a statutory basis under section 9 of the Domestic Violence, Crime and Victims Act 2004 which came into force on 13th April 2011. A Domestic Homicide Review is a review of the circumstances in which the death of a person aged 16 or over has, or appears to have, resulted from violence, abuse or neglect by:

  1. A person to whom s/he was related or with whom s/he was or had been in an intimate personal relationship, or
  2. A member of the same household as him/herself, held with a view to identifying the lessons to be learnt from the death.

Multi-Agency Statutory Guidance for the Conduct of Domestic Homicide Reviews

Any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality. This can encompass but is not limited to the following types of abuse:

  • Psychological;
  • Physical;
  • Sexual;
  • Financial;
  • Emotional.

Controlling behaviour is: a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour.

Coercive behaviour is: an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim.

This definition includes ‘honour’ based violence, Female Genital Mutilation and Forced Marriage, and is clear that victims are not confined to one gender or ethnic group.

Related Keywords

Domestic Violence Protection Orders

Domestic Violence Disclosure Scheme

The Domestic Violence Disclosure Scheme (also known as ‘Clare’s Law’) commenced on 8 March 2014, across England and Wales.

Right to ask

Under the scheme an individual can ask police to check whether a new or existing partner has a violent past. This is the ‘right to ask’.  If records show that an individual may be at risk of Domestic Violence and Abuse from a partner, the police will consider disclosing the information. A disclosure can be made if it is legal, proportionate and necessary to do so.

Right to know

This enables an agency to apply for a disclosure if the agency believes that an individual is at risk of Domestic Violence and Abuse from their partner. Again, the police can release information if it is lawful, necessary and proportionate to do so.

Further informationGOV.UK website

Domestic Violence Protection Orders (DVPOs) are implemented across England and Wales from 8 March 2014.

They provide protection to victims by enabling the police and magistrates to put in place protection in the immediate aftermath of a domestic violence incident.

With DVPOs, a perpetrator can be banned with immediate effect from returning to a residence and from having contact with the victim for up to 28 days, allowing the victim time to consider their options and get the support they need.

Before the scheme, there was a gap in protection, because police couldn’t charge the perpetrator for lack of evidence and so provide protection to a victim through bail conditions, and because the process of granting injunctions took time.

A person is domiciled in a country in which he/she has or is deemed to have a permanent home. Everyone must have a domicile. A person receives a domicile of origin at birth but may acquire a new domicile by the fact of residing in a different country with the intention of remaining there indefinitely. It is not sufficient to intend to reside in a country for a fixed period of time or until some clearly foreseen and reasonably anticipated event happens.

A person who makes a Lasting Power of Attorney or Enduring Power of Attorney.

A drug testing requirement can only be attached to a Youth Rehabilitation Order (YRO) when a drug treatment requirement has also been attached.

A Youth Rehabilitation Order (YRO) with a drug testing requirement requires that the young person must provide samples as instructed by their responsible officer or treatment provider in order to ascertain whether there are any drugs in their body during the treatment period.

Since 30th November 2009, this order was no longer available and has been replaced by the Youth Rehabilitation Order.

The Drug Treatment & Testing Order is used for young offenders who have drug misuse issues that require treatment. It can only be used with young people who are 16 years of age or older and the young person must agree to comply with the order before it can be made. The order lasts between 6 months and 3 years.

Under the order, the young person receives regular drug testing and treatment in the community. The young person receiving the order is supervised by the Probation Service.

Youth Justice Board

When attached to a Youth Rehabilitation Order (YRO), a Drug Treatment Requirement means that the young person must submit to treatment during the period specified in the order with a view to the reduction or elimination of the young person’s dependency on, or propensity to misuse, drugs.

The treatment required and specified as part of the order must be either residential or non-residential treatment but the court cannot further specify the nature of the treatment.

The Dublin III Regulation (‘Dublin’) is an EU law which sets out which European country is responsible for someone’s asylum claim. A child who claims asylum and is unaccompanied can be transferred to a country where they have family members (parent/carer, child or spouse) or relatives (aunt, uncle and grandparent).

The child may also be transferred on a discretionary basis under Dublin – this is particularly relevant for children with family not covered under the Dublin (such as siblings or cousins).

So-called ‘Dublin children’ are still seeking asylum when they arrive in the UK. This means that they will still need to go through the asylum process in order to remain in the UK. A child will normally already have made an asylum claim in order to be eligible for the Dublin transfer.

Dublin Regulation can be found in the Department for Education Family and Friends Care: Statutory Guidance for Local Authorities.

A legal obligation on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others.

In relation to workers in the social care sector, their duty of care is defined by the Social Care Institute for Excellence (SCIE) as a legal obligation to:

  • Always act in the best interest of individuals and others;
  • Not act or fail to act in a way that results in harm;
  • Act within your competence and not take on anything you do not believe you can safely do.

Providing early help is more effective in promoting the welfare of children than reacting later. Early help means providing support as soon as a problem emerges, at any point in a child’s life, from the foundation years through to the teenage years.

Effective early help relies upon local agencies working together to:

  • Identify children and families who would benefit from early help;
  • Undertake an assessment of the need for early help; and
  • Provide targeted early help services to address the assessed needs of a child and their family which focuses on activity to significantly improve the outcomes for the child. Local authorities, under section 10 of the Children Act 2004, have a responsibility to promote inter-agency cooperation to improve the welfare of children.

An Education, Health and Care Needs Assessment is an assessment undertaken by a local authority under the Children and Families Act 2014 of the education, health and care needs of a child or young person aged 0-25 with Special Educational Needs (SEN) or disabilities to determine whether it is necessary to make provision for those needs in accordance with an Education Health and Care Plan.

The following have a specific right to ask a local authority to conduct an Education, Health and Care Needs Assessment:

  • A child’s parent;
  • A young person over the age of 16 but under the age of 25; and
  • A person acting on behalf of a school or post-16 institution (this should be with the knowledge and agreement of the parent or young person where possible).

In addition, anyone else can bring a child or young person who has (or may have) SEN to the attention of the local authority, e.g. foster carers, health and social care professionals, education staff, youth offending teams or probation services, or a family friend.

Following a request or a child having been brought to its attention, the local authority must (unless it has already undertaken such an assessment during the previous six months) determine whether an Education, Health and Care Needs Assessment is necessary and communicate that decision within 6 weeks.

Guidance:

Special Educational Needs and Disability Code of Practice: 0 – 25 years Statutory Guidance for Organisations who work with Children and Young People with Special Educational Needs and Disabilities (2014)

Education, Health and Care Plans were introduced by the Children and Families Act 2014 and replaced Statements of Special Educational Needs from 1 September 2014.

An Education, Health and Care Plan details the education, health and social care support that is to be provided to a child or young person aged 0-25 who has Special Educational Needs or a disability. It is drawn up by the local authority after an Education, Health and Care Needs Assessment of the child or young person has determined that such a plan is necessary, and after consultation with relevant partner agencies.

Guidance:

Special Educational Needs and Disability Code of Practice: 0 – 25 years Statutory Guidance for Organisations who work with Children and Young People with Special Educational Needs and Disabilities (2014)

The education requirement of a Youth Rehabilitation Order (YRO) requires a young person of compulsory school age to comply with approved education arrangements.

This is a term used in the Leaving Care Procedures. Eligible Young People are young people aged 16 or 17, have been Looked After for a period or periods totalling at least 13 weeks starting after their 14th birthday and ending at least one day after their 16th birthday, and are still Looked After. (This total does not include a series of short-term placements of up to four weeks where the child has returned to the parent.) There is a duty to support these young people up to the age of 18. Also see Relevant Young People, Qualifying Young People and Former Relevant Young People.

The Children and Social Work Act 2017 introduced 3 provisions, applicable to care leavers up to age 25:

  1. A duty on local authorities, which requires them to offer Personal Adviser support to all care leavers towards whom the local authority had duties under section 23C of the Children Act 1989, up to age 25 – irrespective of whether they are engaged in education or training. This includes care leavers who return to the local authority at any point after the age of 21 up to age 25 and request such support. (Under previous legislation, local authorities were required to only provide care leavers with support from a Personal Adviser until they reached age 21, with that support continuing up to age 25 if a care leaver was engaged in education or training. However, this support was not available to care leavers aged over 21 who were not in education, training or employment);
  2. A duty on local authorities to consult on and then publish their ‘local offer’ for care leavers, which sets out both care leavers’ legal entitlements and the additional discretionary support that the local authority provides; and
  3. A duty on local authorities which requires them to have regard to seven ‘corporate parenting principles’, that will guide the way in which the local authority provides its services to children in care and care leavers.

These are new, specific, requirements in addition to the existing provisions relating to support for care leavers. The Children and Social Work Act does not extend all care leaver support to age 25.

An Emergency Placement Planning Meeting must be convened in relation to a Looked After Child in the following circumstances:

  • In the event of an Emergency Placement of a child in a foster home, children’s home or secure accommodation;
  • After serious Incidents or in the light of a significant event, involving a Looked After Child, which suggests the child’s placement may be unsuitable.

Under Section 44 of the Children Act 1989, the local authority, the NSPCC, a Police Officer or any other person can apply for an Emergency Protection Order (EPO) where there is an immediate risk of Significant Harm to a child. Under the Order, the local authority acquiresParental Responsibility for the child.

In practice, local authorities will make most applications.

Amongst other things, the EPO will enable a child to be removed to other accommodation or to remain in a place where he/she is being accommodated (e.g. a hospital or foster placement).

The local authority must initiate a Section 47 Enquiry when a child has been made the subject of an EPO.

Where a Looked After child is to be placed outside the UK, specific procedures have to be followed, including the obtaining of the Court’s consent where the child is subject to a Care Order. For Children’s Services Manuals, this is covered in the procedure on Placing Children Outside the UK.

Emotional abuse is a form of Significant Harm which involves the persistent emotional maltreatment of a child such as to cause severe and persistent adverse effects on the child’s emotional development.

It may involve conveying to children that they are worthless or unloved, inadequate, or valued only insofar as they meet the needs of another person. It may include not giving the child opportunities to express their views, deliberately silencing them or “making fun” of what they say or how they communicate. 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 (including Cyberbullying) 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.

Methods used by health and social care workers to support the people they work with and encourage them to be as independent as possible.

See also Reablement.

A Power of Attorney created under the Enduring Powers of Attorney Act 1985 appointing an attorney to deal with the donor’s property and financial affairs. Existing EPAs will continue to operate under Schedule 4 of the MCA, which replaces the EPA Act 1985.

The Equality Duty is a duty on public bodies and others carrying out public functions. It ensures that public bodies consider the needs of all individuals in their day to day work – in shaping policy, in delivering services, and in relation to their own employees.’ Equality Act 2010 Public Sector Equality Duty.

This term is often used to describe processes that are in place to resolve professional differences between those working with children and families, arising out of the assessment, care planning and decisions made in individual cases. The processes provide for how disputes should be passed upwards through the levels of management within and across agencies (‘escalated’) if it is not possible to resolve them at the first line manager level.

These Standards, published by the Care Quality Commission in March 2010, set out what providers should do to comply with the Health and Social Care Act 2008, the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 and the Care Quality Commission (Registration) Regulations 2009.

Care Quality Commission Guidance about Compliance: Essential Standards of Quality and Safety

 

Education, Training, Employment.

Every Child Matters is the approach to the well-being of children and young people from birth to age 19, which is incorporated into the Children Act 2004. The aim is for every child, whatever their background or their circumstances, to have the support they need to:

  • Be healthy;
  • Stay safe;
  • Enjoy and achieve;
  • Make a positive contribution and;
  • Achieve economic well-being.

This means that the organisations involved with providing services to children are teaming up, sharing information and working together, to protect children and young people from harm and help them achieve what they want in life.

Every Child Matters

The addition of an Exclusion Requirement to a Youth Rehabilitation Order (YRO) means that the young person is prohibited from entering a place specified in the order for a specified period. The specified period must not be longer than three months. The order may specify exclusion from a particular place or area for different periods over different days.

An Exclusion Requirement should be considered where there is an identifiable geographical/physical pattern of offending by the young person and excluding them from an area or premises will help to prevent further offending.

Fabricated or Induced Illness is easiest understood as illness in a child which is fabricated by a parent or person in loco parentis. The child is often presented for medical assessment and care, usually persistently, often resulting in multiple medical procedures. Acute symptoms and signs of illness cease when the child is separated from the perpetrator. Local Safeguarding Children Boards have specific inter-agency procedures which cover this issue.

This is where a claim for asylum has been refused on the grounds that the Home Office do not feel it is justified.

This is when an Asylum Seeker is being returned to his or her country of origin or dispersed outside London and they fail to travel after NASShave made travel arrangements.

The aim of the Family Assistance Order, which can be made by the Court in any family proceedings, is to provide short-term help to families coping with the effects of the proceedings. Such Orders are most likely to be made in contested private law cases involving children. The Order requires a social worker to advise, assist and befriend the family for a period up to 6 months.

Family Group Conferences are meetings held between professionals and family members, which aim to achieve the best outcomes for children through a collaborative approach. They promote the involvement of the wider family in the assessment, planning and decision-making process to achieve a resolution of difficulties for children in need, and may help to identify short-term and/or permanent solutions for children within the family network.

A collective term (also known as genital cutting and female circumcision) for all procedures that involve partial or total removal of the external female genitalia or other injury to the female genital organs for cultural or non-medical reasons.

Female Genital Mutilation is a criminal offence in the United Kingdom. It is also a criminal offence for UK nationals or permanent UK residents to carry out Female Genital Mutilation abroad, or to aid, abet, counsel or procure the carrying out of Female Genital Mutilation abroad, even in countries where the practice is legal.

Also see Female Genital Mutilation Protection Order (FGMPO)

A Female Genital Mutilation Protection Order (FGMPO) is a civil law remedy under section 5A of the Female Genital Mutilation Act 2003 which offers a means of protection to girls and women who are victims, or may be at risk, of Female Genital Mutilation. The rules covering the court process on FGM Protection Orders are contained in Part 11 of the Family Procedure Rules 2010. They can be applied for in the same way as a Forced Marriage Protection Order.

Applications for an FGM Order can be made by:

  • the girl or women to be protected (in person or with legal representation);
  • a Relevant Third Party (currently, only local authorities have been classified as relevant third parties);
  • any other person with the permission of the court (for example, this could be the police, a voluntary sector support service, a healthcare professional, a teacher, a friend or family member).

If the court makes an order, it can impose prohibitions, requirements and restrictions, the aim of which are to protect the girl or woman at risk. The court must consider all the circumstances including the need to secure the health, safety, and well-being of the girl so the details can be quite specific and creative in order to achieve this.

Breach of an FGMPO would be a criminal offence with a maximum penalty of five years’ imprisonment, or as a civil breach punishable by up to two years’ imprisonment.

The unauthorised and improper use of funds, property or any resources belonging to an individual.

Those who financially abuse may be people who hold a position of trust, power, authority or have the confidence of the individual concerned.

Local Authorities should have in place Appointee and Receivership Teams who may act as Corporate Appointee and/or Corporate Reviewer, where a person needs someone to manage their financial affairs and is not able to undertake this themselves. Solicitors may also be appointed to provide this service.

A marriage in which one or both spouses do not (or in the case of some adults with learning or physical disabilities or children, cannot) consent to the marriage and duress is involved. Duress can include physical, psychological, financial, sexual and emotional pressure.

A Forced Marriage is different from an arranged marriage, which is a marriage entered into freely by both parties, although their families take a leading role in the choice of partner.

The Anti-social Behaviour, Crime and Policing Act 2014 made it a criminal offence (which can result in a sentence of up to 7 years in prison) to force someone to marry This includes:

  • Taking someone overseas to force them to marry (whether or not the forced marriage takes place);
  • Marrying someone who lacks the mental Capacity to consent to the marriage (whether they’re pressured to or not).

The civil remedy of obtaining a Forced Marriage Protection Order through the family courts continues to exist alongside the criminal offence, so victims can choose how they wish to be assisted.

Breaching a Forced Marriage Protection Order is also a criminal offence, which can result in a sentence of up to 5 years in prison.

The Forced Marriage (Civil Protection) Act 2007 was implemented on 25 November 2008, enabling a court to make a Forced Marriage Protection Order to protect someone who is facing being forced into a marriage or who is in a forced marriage. A forced marriage is a marriage that takes place without the full and free consent of both parties.

Anyone threatened with forced marriage or forced to marry against their will can apply for a Forced Marriage Protection Order. Third parties, such as relatives, friends, voluntary workers and police officers, can also apply for a protection order with the leave of the court.

Local authorities can seek a protection order for vulnerable adults and children without leave of the court.

Examples of the terms the court might order are:

  • To prevent a forced marriage from occurring;
  • To hand over passport or travel documents;
  • To stop intimidation or violence;
  • To reveal the whereabouts of a person;
  • To stop someone from being taken abroad.

The court can attach a power of arrest to the order where violence or a threat of violence has been found. Breach of a Forced Marriage Protection Order is contempt of court and is punishable with up to two years imprisonment.

With effect from 16 June 2014, under the Anti-social Behaviour, Crime and Policing Act 2014, breaching a Forced Marriage Protection Order is also a criminal offence which can result in a sentence of up to 5 years in prison.

Ministry of Justice website – Forced Marriage

They are aged 18 or above and have left care having been previously either Eligible, Relevant or both. There is a duty to consider the need to support these young people wherever they are living.

The statutory definition and requirements to stay in touch with the young person, keep the Pathway Plan under review, continue the appointment of a Personal Adviser and provide financial assistance near where the young person is employed or seeking employment/to enable the young person to pursue education or training are covered by Regulations 4 to 9 of the Care Leavers (England) Regulations 2010.

If the Former Relevant child pursues higher education in accordance with their Care Plan, there is a duty to pay a higher education bursary.

To the extent that the Former Relevant child’s welfare requires it, ‘other assistance’ must be provided which may be in kind or, in exceptional circumstances, in cash.

These duties continue until the former relevant child reaches 21 or, where the child’s pathway plan sets out a programme of education or training which extends beyond their 21st birthday, they continue for so long as the child pursues that programme.

Former relevant children pursuing further education or training

Specific duties are placed upon the local authority in respect of Former Relevant children who inform the local authority that they are pursuing, or intend to pursue, a programme of education or training.  The local authority must:

  • Carry out an assessment of the needs of the Former Relevant child with a view to determining what assistance (if any) it would be appropriate for the local authority to provide;
  • Prepare a pathway plan;
  • To the extent that the Former Relevant child’s educational or training needs require it, provide financial assistance by:
    • Contributing to living expenses; or
    • Making a grant to meet expenses connected with the education and training.

These duties continue up to the Former Relevant child’s 25th birthday.

The Children and Social Work Act 2017 introduced 3 new provisions, applicable to care leavers up to age 25:

  1. A duty on local authorities, which requires them to offer Personal Adviser support to all care leavers towards whom the local authority had duties under section 23C of the Children Act 1989, up to age 25 – irrespective of whether they are engaged in education or training. This includes care leavers who return to the local authority at any point after the age of 21 up to age 25 and request such support. (Under previous legislation, local authorities were required to only provide care leavers with support from a Personal Adviser until they reached age 21, with that support continuing up to age 25 if a care leaver was engaged in education or training. However, this support was not available to care leavers aged over 21 who were not in education, training or employment);
  2. A duty on local authorities to consult on and then publish their ‘local offer’ for care leavers, which sets out both care leavers’ legal entitlements and the additional discretionary support that the local authority provides; and
  3. A duty on local authorities which requires them to have regard to seven ‘corporate parenting principles’, that will guide the way in which the local authority provides its services to children in care and care leavers.

These are new, specific, requirements in addition to the existing provisions relating to support for care leavers. The Children and Social Work Act does not extend all care leaver support to age 25.

Under the Children and Families Act 2014, where the local authority are considering adoption for a child or are satisfied that the child ought to be placed for adoption but is not yet authorised (either by consent or by Placement Order) to place the child for adoption, the authority must consider placing the child with a relative ,friend or other Connected Person who is also a local authority foster carer or, where they decide that such a placement is not the most appropriate placement, then they must consider placing the child with a local authority foster carer who has been approved as a propsective adopter.

Assessments should be conducted in accordance with Chapter 1 of Working Together 2015, and the Local Protocol for Assessment.

Fraser Competent is a term used to describe a child under 16 who is considered to be of sufficient age and understanding to be competent to receive contraceptive advice without parental knowledge or consent. (The term is therefore narrower than the term Gillick Competentalthough it is often used to mean the same thing.) The test is that the doctor must be satisfied that;

  • The child will understand the advice;
  • The child cannot be persuaded to tell his or her parents or allow the doctor to tell them that they are seeking contraceptive advice;
  • The child is likely to begin or continue having unprotected sex with or without contraceptive treatment;
  • The child’s physical or mental health is likely to suffer unless he or she receives contraceptive advice or treatment.

The legislation in relation to Freeing Orders was repealed on 30 December 2005, when the Adoption and Children Act 2002 was implemented, and replaced by a new placement framework for adoption, including new provisions in relation to Placement Orders.

This means that no applications for Freeing Orders can now be made, but freeing applications made prior to 30 December 2005 will continue to be dealt with under the old law and where Freeing Orders are or have been made, they will continue to have effect under the old law.

A Freeing Order is a Court Order, which has been made in relation to a Looked After Child on the application of a local authority where the Court has agreed that adoption is in the best interests of the child and parental consent to adoption has been given or dispensed with by the Court. The Court has also to be satisfied that the child is placed or likely to be placed with prospective adopters. Where a child is freed for adoption, the Parental Responsibility of the birth parent ends and parental responsibility solely rests with the local authority in whose favour the Order has been made.

Where a child who has been freed for adoption has not been placed for adoption after 12 months from the date of the Freeing Order, the parent may apply for the discharge of the Order.

Where a child has been freed for adoption, the issue of parental consent to the adoption, having been dealt with by the Court when the Freeing Order was made, will not be reconsidered when an adoption application is made.

The General Social Care Council  was, until  31 July 2012, the workforce regulator and guardian of standards for the social care workforce in England. The Council was established in October 2001 under the Care Standards Act 2000. It was responsible for the codes of practice, Social Care Register and social work education and training.

As of 1 August 2012, the regulation of the social work profession and education (and several other professions) was transferred to the Health and Care Professions Council.

A genogram is a pictorial display of a patient’s family relationships and medical history. It goes beyond a traditional family tree by allowing the user to visualize hereditary patterns and psychological factors that punctuate relationships. It can be used to identify repetitive patterns of behaviour and to recognize hereditary tendencies.

A Gillick competent child is a child under 16 who has the legal capacity to consent to medical examination and treatment, i.e. s/he is able to demonstrate that s/he has sufficient maturity and intelligence to understand and appraise the nature and implications of the proposed treatment, including the risks and alternative courses of action. The term ‘Gillick competent’ is also often used to describe children who are capable of giving consent to other matters requiring their decision without parental consent, i.e. where they are capable of understanding what is proposed and can express his/her own wishes. It has a wider meaning than the term Fraser Competent which specifically refers to contraceptive advice.

See Indicative Allowance.

The purpose of a guardianship order is to enable patients to receive care in the community where it cannot be provided without the use of compulsory powers. Section 7 of the Mental Health Act 2003 allows for guardianship powers to be exercised by a local authority on the recommendation of two doctors and an application by an approved mental health professional or nearest relative.

Whether a person is habitually resident in the place where they live will depend on the circumstances of the particular case – it is the quality of the residence rather than the length of time (there is no requisite period before acquiring habitual residence) that determines whether some-one is habitually resident in a place. It requires an element of intention to settle, for example by bringing possessions to the place of residence, seeking to make local connections, bringing family members and other such factors. It is possible to have habitual residence in two countries at the same time.

See also Significant Harm.

In relation to children:

Harm is defined by the Children Act 1989 as the ill treatment or impairment of health and development. This definition was clarified in section 120 of the Adoption and Children Act 2002 (implemented on 31 January 2005) so that it may include, “for example, impairment suffered from seeing or hearing the ill treatment of another”.

 

In relation to adults:

Harm is to be taken to include not only ill treatment (including Sexual Abuse and forms of ill treatment which are not physical) but also the impairment of or an avoidable deterioration in physical or mental health and the impairment of physical, intellectual, emotional, social or behavioural development. (No Secrets (DH/Home Office 2000)).

Any crimes that are targeted at a person because of hostility or prejudice towards that person’s

  • Disability;
  • Race or ethnicity;
  • Religion or belief;
  • Sexual orientation;
  • Transgender identity.

This can be committed against a person or property.

A victim does not have to be a member of the group at which the hostility is targeted.

The early release mechanism for children or young people serving sentences under s.91 of the PCC(S)A 2000.

Every Looked After child must have a Health Action Plan which incorporates a statement of the child’s health care needs and how those needs will be addressed.

Every Looked After child must have a Health Assessment soon after becoming Looked After, then at specified intervals – depending on the child’s age. The first health assessment must be undertaken before the first placement, or if not reasonably practicable, before the first review unless one has been done within the previous 3 months. The first assessment must be by a registered medical practitioner. Subsequent assessments may be carried out by a registered nurse or registered midwife under the supervision of a registered medical practitioner.The Health Assessment should inform a Health Plan (also referred to as a Health Action Plan), normally incorporated into a child’s Care Plan.

From 1 August 2012, the Health Professions Council became known as the Health and Care Professions Council and took on the regulatory function of several professions, including social workers in England (previously regulated by the General Social Care Council.

It sets standards of proficiency for social workers (and other professionals), as well as standards for their conduct, performance, ethics and continuing professional development.

The Council maintains a Register of health and care professionals who meet these Standards.  All standards need to be met in order to stay on the Register to practise social work.

Members of the professions regulated by the Council have a professional title that is protected by law. This means, for example, that anyone using the title ‘social worker’  must be registered with the Council.

It is a criminal offence for someone to claim that they are registered with the Council when they are not, or to use a protected title that they are not entitled to use.

External links

Health and Care Professions Council

Trix Policy Briefing #69  –  Standards of Proficiency for Social Workers (August 2012)

The Health and Safety Commission is responsible for health and safety regulation in Great Britain. The Health and Safety Executive and local government are the enforcing authorities who work in support of the Commission. The Health and Safety Executive can be contacted on 0845 345 0055.

To report an Incident, go to the HSE website and follow links for reporting Incidents.

HSE

With effect from 1 April 2013, the Health and Social Care Act 2012 established Health and Wellbeing Boards. Each top tier and unitary authority will have its own Health and Wellbeing Board.

Boards bring together Clinical Commissioning Groups and councils to develop a shared understanding of the health and wellbeing needs of the community.

They undertake the Joint Strategic Needs Assessment (JSNA) and then develop a joint health and wellbeing  strategy for addressing those needs. This will include recommendations for joint commissioning and integrating services across health and care.

Membership includes  a minimum of  one local elected representative; a representative of the local Healthwatch organisation; a representative of each local Clinical Commissioning Group; the local authority director for adult social services; the local authority director for children’s services; the director of public health for the local authority.

Local boards will be free to expand their membership to include a wide range of perspectives and expertise, such as representatives from the charity or voluntary sectors.

All boards will be expected to ensure that the needs of local people as a whole are taken into account.

Also read the Department of Health’s guide on Health and wellbeing boards

Every Looked After child must have a Health Care Plan which incorporates a statement of the child’s health care needs and how those needs will be addressed.

Her Majesty’s Courts Service.

The early release mechanism for children or young people serving sentences under s.91 of the PCC(S)A 2000.

Home Remedies are medicines, suitable for children, which can be bought ‘over the counter’, without prescription, including Paracetamol.

Honour based violence is a collection of practices, which are used to control behaviour and exert power within families to protect perceived cultural and religious beliefs and/or honour. Such violence can occur when perpetrators perceive that an individual has shamed the family and/or community by breaking their honour code. The individual is being punished for actually, or allegedly, undermining what the family or community believes to be the correct code of behaviour.

So-called ‘honour based violence’ is a fundamental abuse of Human Rights. There is no honour in the commission of murder, kidnap and the many other acts, behaviour and conduct which make up violence in the name of honour.

The Council of Europe Convention on Action against Trafficking in Human Beings defines human trafficking as:

‘The recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.

Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.’

Human trafficking is essentially the recruitment, movement or receipt of a person by deception or coercion into a situation of exploitation, this may include:

  • Prostitution (or other forms of sexual exploitation);
  • Forced labour;
  • Slavery;
  • Servitude; or
  • The removal of organs.