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Amendments

2024

April 2024

Children and Young People Aged 0-25 with Special Educational Needs and Disabilities

This chapter was amended in April 2024, to include information from Special Educational Needs and Disability: Improving Local Authority Decision Making - Report of the Administrative Justice Council's Working Group on Special Educational Needs and Disability.

In Section 15, Resolving Disagreements was updated to include information on Guidance: Carry Out an Order in Special Educational Needs Cases.

Family and Friends Care

In April 2024, Section 4, Different Situations whereby Children may be Living with Family and Friend Carers was updated to include information about Ukrainian children being cared for by family and friends in the UK. 

Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery

In April 2024 a link was added in Section 4, Age Assessment to BASW Age Assessment Practice Guidance. In Further Information, a link was added to Operation Innerste Process: Caseworker Guidance.

Young Carers

This chapter was refreshed in April 2024.

Placements in Secure Accommodation on Welfare Grounds

In April 2024, Section 10, Use of Inherent Jurisdiction to Authorise a Placement Involving a was updated throughout in line with Revised Practice Guidance on the Court's Approach to Unregistered Placements (October 2023) and Revised National Listing Protocol for Applications that Seek Deprivation of Liberty Orders Relating to Children under the Inherent Jurisdiction.

Placements in Other Arrangements

This chapter was updated in April 2024, to reflect updated Ofsted guidance.

Placements in Residential Care

In April 2024, this chapter was updated to include information from Guidance - Placing Children: Deprivation of Liberty Orders - guidance for providers, social workers and placement commissioners on placing children, subject to a deprivation of liberty order (DoL), in unregistered settings and President of the Family Division Practice Guidance: Placements in Unregistered Children's Homes in England or Unregistered Care Home Services in Wales.

Aftercare under Section 117 of the Mental Health Act 1983

In April 2024, Section 2, Ordinary Residence was updated in line with case law.

Supporting the Education and Promoting the Achievement of Children with a Social Worker, Looked After and Previously Looked After Children

In April 2024, Amendments have been made.

2023

October 2023

Health and Safety

In October 2023, information in relation to allergies was added into Section 6, Diet, Nutrition and Allergies.
A new Section 7, Online  Safety was also added.

Leaving Care and Transition

This chapter was amended in October 2023 to note that with effect from 1 April 2023, the leaving care allowance increased from £2,000 to £3,000. It was also revised to include information from the revised Ofsted inspection framework.

Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery

This chapter was updated in October 2023. Information in relation to the National Age Assessment Board was added into Section 4, Assessment.

Capacity and Consent

In October 2023, amendments were made to reflect case-law in relation to assessing legal capacity.

Families with No Recourse to Public Funds

Section 5.2.5, Providing Support was updated in October 2023 to reflect the Home Office increase in financial support to individuals waiting to find out if they will be given asylum in the UK.

Health Care Assessments and Plans

In October 2023, information in relation to allergies was added into Section 4, Health Plans.

Placements in Other Arrangements

This chapter was updated in October 2023.

Children and Young People Aged 0-25 with Special Educational Needs and Disabilities

This chapter was updated in October 2023. Information in relation to legal aid for foster carers and prospective adoptive parents in First Tier Tribunal appeals. It was also updated to include information from Guidance: Area SEND Inspections Framework and Handbook (November 2022) was added into Section 15, Resolving Disagreements.  

Placing and Visiting Children with Special Educational Needs and Disabilities or Health Conditions in Long-Term Residential Settings

In October 2023, this chapter was updated to include information from the UK Social Work Practice in Safeguarding Disabled Children and Young People report.

Remands to Local Authority Accommodation or to Youth Detention Accommodation

In October 2023, this chapter was amended to include information from Annex to MOJ Circular 2022/03: Additional Information on Remand to Local Authority Accommodation (RLAA).

Aftercare under Section 117 of the Mental Health Act 1983

This chapter was amended in October 2023. A link to 'Self-harm: Assessment, Management and Preventing Recurrence NICE Guidance' was added into Further Information.

Care and Supervision Proceedings and the Public Law Outline

In October 2023, information was added into Section 4, Care Orders and Supervisions Orders on a Care Plan of the Child Remaining at Home in relation to Supervision Orders, in line with Public Law Working Group (PLWG) Recommendations to Achieve Best Practice in the Child Protection and Family Justice Systems: Supervision Orders.
Section 8, Court Hearings was also updated in line with A View From the President's Chambers: Relaunching the PLO (November 2022), and that section should be re-read.
In Relevant Guidance, a link was added to Pre-proceedings and Family Justice Hub (Research in Practice).

Decision to Look After

Section 3, Section 20 Accommodation was updated in October 2023 in line with case-law.

Marriage/Civil Partnership of a Child in Care

This chapter was amended in October 2023 to reflect that the Marriage and Civil Partnership (Minimum Age) Act 2022 raised the age of marriage and civil partnership to 18 in England and Wales, with effect from 26 February 2023.

Early Permanence: Fostering for Adoption, Concurrent Planning and Temporary Approval as Foster Carers of Approved Prospective Adopters

In October 2023, this chapter was refreshed and a link was added to 'National Early Permanence Practice Standards (Coram Centre for Early Permanence)'. 

Allegations Against Prospective Adopters and in Relation to Children Placed for Adoption or Already Adopted

In October 2023, this chapter was amended in line with revised Keeping Children Safe in Education. A new Section 2, The Difference Between an Allegation of Harm and a Concern was also added.

Allegations Against Foster Carers

In October 2023, this chapter was amended in line with revised Keeping Children Safe in Education. A new Section 2, The Difference Between an Allegation of Harm and a Concern was also added.

Applications for Special Guardianship Orders

In October 2023, this chapter was updated to reflect the updated Public Law Working Group Best Practice Guidance. This includes the new interim guidance, issued by the President of the Family Division, that addresses the lawful extension of care proceedings beyond 26 weeks. Section 6.3, Placement before a Special Guardianship Order (SGO) is Granted was added in line with guidance that states where there is no pre-existing relationship between the child and special guardians the child should be placed on an interim basis before the special guardianship order is made. 

Positive Relationships and Behaviour Management

This chapter was amended in October 2023 to incorporate Ofsted feedback. Additional information was added into Section 2, Positive Behaviour Support and Section 5.4, Recording of Consequences.