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Thursday 9 July 2020
COVID-19 and subsequent requirements for social distancing, and regulations around travel and staff absences, have brought fresh challenges to those working in children’s social care.
The Government has published Guidance for Children Social Care Services and has passed the Adoption and Children (Coronavirus) (Amendment) Regulations 2020.
The Regulations offer some flexibility, for example, around the timescales for visits to looked after children, statutory reviews for looked after children and the time limits on temporary foster placements.
However, the Guidance makes it clear that local authorities’ duties to children set out in the Children’s Act 1989 all still apply in the usual way. For example, the duty owed to children in their care (s.22) the duty owed to children in need (s.17) and the duty to investigate (s.47).
The Guidance acknowledges that it may be necessary to make changes to the way in which social care teams and other agencies work to protect children.
If there are any changes in the way they work, there is an expectation that councils and their social care teams revise risk assessments. Those risk assessments are expected to balance the risk to children, families and the work force, with the child’s welfare the paramount consideration.
Examples of different ways of working may include:
Where there are changes there are always new risks to consider. Some practical steps councils may consider to best manage risks include:
The changes introduced by the Regulations have proved controversial. Indeed, on 5 June 2020 the children’s rights charity, Article 39, applied for a judicial review of the legislation. Permission for the judicial review has been given and the hearing takes place on 27 and 28 July 2020.
Hannah Parry, Solicitor (hannah.parry@weightmans.com) and Peter Wake, Partner (peter.wake@weightmans.com), Weightmans.
If you have a specific query, why not contact a member of our office team directly? We will be pleased to assist you - whatever your question.