Sussex Child Protection and Safeguarding Procedures
Sussex Child Protection and Safeguarding Procedures Sussex Child Protection and Safeguarding Procedures

1.4.2 Visits by Children to Ashworth, Broadmoor and Rampton

Contents

  1. Guiding principles
  2. The Process
  3. Criteria for SC&H’s to undertake an assessment
  4. The Assessment
  5. The Decision
  6. Review Process

1. Guiding principles

The child’s welfare is paramount and takes primacy over the interests of any and all adults.

The child’s welfare should be safeguarded and promoted by all Staff within the hospital.

The child’s contact with family members should be supported, whenever that contact is in the child’s best interests.

All visits will take place in an appropriate setting and will be properly supervised.

A child approved for visits, must be accompanied

  • by a person with Parental responsibility for him/her and with whom the child lives, or
  • another person with day to day care of the child, or
  • where the child is subject to a Care Order, a person nominated by the designated local authority in whose care the child is placed under section 31 of the Children Act 1989, or
  • where the child is provided with accommodation ,under section 20, a person who has Parental responsibility for him, or, with the consent of the local authority which is accommodating the child, such other persons (including a Parent or relative of the child) as he may nominate.

NOTE; a person appointed under the last two bullet points could be a Social Worker or Carer.

A child aged 16 or 17 can visit unaccompanied if the nominated officer is satisfied it is unlikely to prejudice the child’s welfare.

Under exceptional and unforeseen circumstances, the Chief Executive can allow the child to be accompanied by someone else provided the child’s welfare is adequately safeguarded.

Each of the above hospitals will have a set of child protection procedures in place, consistent with the Children Act 1989 and the local ACPC procedures.


2. The Process

The patient makes a request, in writing, to the nominated officer, for a child to visit.

The nominated officer should obtain written permission from the patient to contact those with Parental responsibility for the child to advise them of the request.

Those with Parental responsibility will be asked to confirm their relationship with the child and state whether they agree to the visit. (If more than one person has Parental responsibility. then approval is sought from the person with Parental responsibility, with whom the child lives).

In the case of a child who is looked after and subject to a care order, the designated SC&H has responsibility for providing the consent, in consultation, with those also holding Parental responsibility. Where a child is accommodated (not subject to a care order), the person with Parental responsibility is required to give their consent.

If the person with Parental responsibility does not agree to the child visiting the patient then the nominated officer must refuse the visit.

If consent is given, the nominated officer will arrange for the patient’s clinical team to undertake an assessment, to judge the level of risk to the particular child, the patient’s current mental state and any particular arrangements required in order to make the visit safe. If the outcome of this assessment suggests that the visit is not appropriate then the nominated officer should refuse the visit.

If the assessment does not rule out a visit, the nominated officer, in all cases, must contact the local SC&H where the child resides, to seek their advice on whether it is in the best interests of the child to visit the patient. This request must be in written form to the Director of Children, Families & Schools and should include a copy of the hospital’s assessment.


3. Criteria for SC&H’s to undertake an assessment

The Directions governing visits to special hospitals was made in collaboration with the A.D.S.S. and other significant local government bodies and in general, SC&H’s are expected to give all reasonable support to Staff in special hospitals to assist them in carrying out their responsibilities.

Part 111 of the Children Act requires every local authority to safeguard and promote the welfare of children in their area who are in need.

This will include all children as defined as;-

  • “in need” under Section 17 (10) ( for definition, see Child in Need Procedure).
  • those who qualify under Section 47 (Child Protection enquiry) and/or who are subject to a Child Protection Plan.
  • looked after children
  • a closed case but known to the local authority previously in one of the above categories.

If the child was not previously known to the SC&H, but the person(s) with Parental responsibility have indicated they will co-operate with the assessment, the SC&H should consider the request under section 17 of the Act.

If it is known that the patient requesting the visit is a sex offender or, for other reasons, poses a potential risk of significant harm to the child, the SC&H should consider whether an assessment under section 17 or 47 is appropriate.

If the family is not known to the SC&H and have indicated they do not agree to the involvement of the SC&H, and the information from the hospital does not suggest the patient poses a risk to children or the named child; the SC&H will not have the necessary powers to undertake an assessment. In these cases the nominated officer will convene and independent panel to assess the risks.

If the person(s) with Parental responsibility refuses to co-operate with the SC&H assessment, the SC&H should consider its legal position. If the child is already known, then the department could make its report on the basis of information it has already, but make it clear this will not be up to date nor include the wishes and feelings of the child.

If no information is held this will have to be conveyed to the hospital.


4. The Assessment

On receipt of a referral, if the request falls within the SC&H’s statutory responsibilities, as above, the Social Worker should Complete a CF1 or enter the details on careFirst and contact those with Parental responsibility for the child to arrange to undertake an assessment.

Note; The completed assessment and recommendation must be returned to the nominated officer at the special hospital within four weeks on receipt of the initial referral.

Most of the special hospitals will send a standard form detailing all the required information needed. However the Social Worker should ensure the assessment contains the following;

  • the child’s legal relationship with the named patient
  • the child’s legal status and the existence of any relevant Court orders
  • the quality of the child’s relationship with the named patient prior to hospitalisation,if known, and currently;
  • whether there has been past, alleged or confirmed abuse of the child by the patient;
  • future risk of significant harm to the child if the visit took place;
  • the child’s wishes and feelings about the visit taking account of his age and understanding;
  • the views of those with Parental responsibility and, if different, person(s) with day to day care of the child;
  • if it is known that the child has lived in other SC&H areas, what other relevant information is known about the child and family; and
  • the frequency of contact that would be appropriate.

NOTE: Use the assessment framework to ensure all other relevant considerations for an individual child are addressed.


5. The Decision

The report must give an opinion as to whether the contact visit would be in the best interest of the child or whether other types of contact should be permitted and set out the reasons for its decision.

If the SC&H concludes that a visit is not in the child’s best interest, the nominated officer must not allow the visit.

The decision to refuse must be put in writing to the patient, the child and those with Parental responsibility, by the nominated officer.

For children who are looked after or on the register for Children subject to a Child Protection Plan, the SC&H should assist in facilitating the visit, if requested.

It is the nominated officer’s responsibility to ensure there are sufficient Staff and adequate supervision for the visit.


6. Review process

Children who are subject to statutory reviews (Child Protection, LAC or Child in need) should have the contact arrangements with regard to their visits to special hospitals re-evaluated at every review.

It is the responsibility of the nominated officer to undertake a review of the arrangements for the child to have contact after one year.

The nominated officer has the right to refuse a visit, for example, if there are concerns about the patient’s mental state at the time of the visit. All decisions to refuse a visit must be put in writing to those with Parental responsibility, the patient and the child (if he is of an age to understand), by the nominated officer.

For further enquiries ; Contact the DOH, Social Care Group, Wellington House, 135-155, Waterloo Road, London SE1 8UG.


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