85. The central Departments should publicise the Support Force's Code of Employment Practice to all employers providing services for children living away from home. (13.24).
Agreed. This was distributed to all SSDs and is still available free of charge from the Department of Health. SSDs were reminded of availability in Children's Services News early in 1998. It will be possible to promote it again when promoting the Code of Practice for Foster Carers.
86. Inspection is effective in identifying poor personnel practice and OFSTED and Her Majesty's Inspectorate of prisons should cover recruitment and selection procedures in their inspections as a matter of routine. (13.19)
Work is being taken forward to see whether this would be practicable in education inspections.
Legislation would be needed to give Her Majesty's Chief Inspector of Prisons the ability to inspect recruitment and selection procedures in establishments holding under 18s. However, the Government is content for HMCIP to comment on recruitment and selection issues in juvenile establishments where he believes it is right to do so.
87. The delays in processing criminal record checks are wholly unacceptable and must be addressed by the Home Secretary when he brings into operation the provisions in the Police Act 1997. (14.11)
Agreed. It will take two years to put in place arrangements, but once the Criminal Records Agency has been established it should be possible to avoid long delays.
88. Part V of the Police Act 1997 provides powers for the Home Secretary to issue criminal record certificates. The Review hopes that whatever system is chosen for criminal record checks it adopts the principles of comprehensive coverage and minimum delays. The new system should also serve as a one stop shop for employers, so that they can ask for a criminal record check, a List 99 check and a Consultancy Index check at the same time. (14.12)
& 136. It vital that use is made of soft information, including charges as well as convictions, in the checking arrangements for potential employees. This is also discussed in Chapter 15. (20.28)
Agreed. A Criminal Records Agency will be established and work is being taken forward to extend the role of the agency to include checks on the Consultancy Index and List 99 but such an extension will require primary legislation.
89. List 99 operates on a higher standard of proof than the Consultancy Index. Cases not put on after referral (to List 99) are not passed on to the Index. It recommends that both Departments examine their procedures to ensure that information about such people can be considered for inclusion on the Index. (14.20)
& 90. The review recommends that the Department of Health and local authorities monitor the use of the (Consultancy) Index more closely.
(14.26) In the case of foster parents the Review cannot understand why consideration of referral is not standard practice. (14.27) The number of names referred by employers is quite small and it recommends that more should be done to publicise its existence. (14.31)
&91. The proposed review of the (Consultancy) Index is welcomed. It should consider the role of the Secretary of State and whether he should decide that a person represented a risk to children, should not work with children, and should pass the information on to a third party. (14.30)
& 92. The Review recommends hat more is done to publicise the Index, so that all employers working with children in any setting use it both to check names against it and refer appropriate people. 14.31)
& 93. The Review suggests that the Department of Health, the Northern Ireland Office and the Scottish Office arrange to share these sources of information as in (Consultancy Index) with a view to making a check against one Index covering all three. (14.32)
&94. In the case of children's homes this (checks on and referrals to the Consultancy Index) could be strengthened by making it an offence not to notify someone dismissed on grounds of misconduct or who resigned in suspicious circumstances. (14.35)
The Government's prime objective is to ensure that children are better protected from potential abusers. The DH Consultancy Index is currently undergoing a comprehensive review, and the issues raised are being considered. The Government will seek legislation to place the Index on a statutory basis. Once enacted this will oblige relevant employers, including local authorities, to consult against the Index and refer names to it for inclusion. It will also ensure that inclusion on the Index would be a bar to employment in the relevant fields. (Response Chapter 8).
95. The Review recommends that the Department of Health/Welsh Office review the effectiveness of the disqualification Regulations and associated guidance. (14.36 to 14.39)
Agreed. A review of the regulations and associated guidance has begun and will advise whether changes are needed.
97. Local authorities should ensure that appeals from staff dismissed on grounds of misconduct or unsatisfactory standard of child care practice include members with some knowledge of child care and the authority's corporate parent responsibility to safeguard and promote the welfare of children in the public care. (15.14)
Agreed. Further thought is being given to how to take this forward. This will be an initiative linked to the "Quality Protects" programme.
98. All employers should include in the contract of employment a condition that disciplinary procedures will be completed even if an employee resigns during the process. (15.16)
The Government agrees employees should not be able to avoid the consequences of their actions by resigning. Consideration is being given to the practicalities of continuing disciplinary procedures, particularly the legal position of carrying these out when an individual is no longer employed and the possibility of tracking down individuals after they have resigned. If it is not possible to require disciplinary procedures to be completed, it will be possible to advise investigations should be fully completed and information shared with lists such as the Consultancy Index. It may also be possible to introduce a similar procedure not linked to the disciplinary process. More details will be available by the end of 1999.
In the NHS, a forthcoming circular will advise employers to complete investigations even if an individual resigns during disciplinary procedures.
99. Regulatory bodies should make arrangements to look at staff turnover and the reasons for departure as part of the inspection process. (15.17)
This will be taken into account when setting up new regulatory arrangements for social services.
100. The Review supports the establishment of a General Social Services Council, and recommends that both this Council and the proposed General Teaching Council possess robust disciplinary processes for protecting children. (15.24)
Agreed. The Government is committed to establishing a General Social Care Council GSCC and will seek legislation as soon as Parliamentary time is available. The Government intends that all qualified social workers will be registered early. It further intends that residential child care workers will be registered at about the same time on the basis of a majority of such staff having attained qualification at NVQ level 3. The GSCC's disciplinary processes are being considered and we expect some details to be included in the Social Services White Paper. (Response Chapter 8).
103. The Review supports equal opportunities policies (but) points out that, applied rigidly, these inhibit frank refereeing and the searching interviewing that should precede recruitment of all care staff. (16.5)
Agreed. The Government believes it is most important to carry out good practice recruitment and selection procedures and that checks and references must be carried out. This will be monitored by SSI.
104. Social Services authorities should ensure that measures for safeguarding children who are looked after are given due priority by the council as a whole and that they review the operation and monitoring of the relevant statutory requirements and central guidance. (16.7)
Agreed. The Government will take this forward as part of the "Quality Protects" programme. Guidance for councillors setting out their roles and responsibilities was issued on 21 September1998.
105. Social Services authorities should also satisfy themselves that their managerial, professional and reporting systems are adequate for discharging their accountability for these children. (16.10)
Agreed. The Government will be taking this forward as part of the "Quality Protects" programme and will provide support to help local authorities to improve their performance. This will be monitored through the performance management framework.
106. The Review recommends that the Local Government Association should undertake, together with the British Association of Social Workers, a study of the role of the field social worker in relation to looked after children. (16.19)
Agreed. The Government will work with the LGA/ WLGA and the British Association of Social Workers who have begun to study the role of the field social worker in relation to looked after children with the aim of producing guidance.
107. The Secretary of State has an important role in exacting accountability from bodies which accommodate children (living away from home). It is important that these powers are exercised consistently and whenever the public interest requires. They may be subject, however, to conflicting pressures, especially if the central Department is in any way uncertain of its role. There is a sense that some re-shaping of the relationship between the Department of Health/Welsh Office and the local authorities is occurring. Factors in this are the changing role of local government overall, the consequences of local government reorganisation, the changing need for services and the changing shape of provision. The central Departments need a tighter grip nationally without eroding the local accountability of the statutory authorities. The new Local Government Association may develop a more effective facilitating role in this relationship than its predecessors. (16.21)
Agreed. The Government has set out its plans for local government in the White Paper "Modern Local Government - In Touch with the People". Further details in relation to performance assessment for social services will be in the Social Services White Paper.
108. The Department of Health/Welsh Office should clarify the criteria for using the Secretary of State's powers in response to casework and other matters, and make a small group of administrative and professional staff responsible for applying them. (16.22)
Central Government's powers of intervention in local authority services will form part of the proposed Best Value framework set out in the White Paper "Modern" Local Government - In Touch with the People". The Social Services White Paper will set out how performance Assessment, including powers of intervention when necessary, will operate in the social services.
109. The Social Services Inspectorate should continue to undertake inspections to monitor arrangements for safeguarding the welfare of children living away from home and that the Department of Health should keep the resourcing of the Inspectorate under review. (16.24)
Agreed. The SSI will continue to monitor children's services and the resourcing of the Inspectorate will continue to be carefully considered.
110. The Review recommends that the Welsh Office reassess the resourcing and staffing of the Social Services Inspectorate for Wales. (16.25)
Agreed. The resourcing of SSIW continues to be carefully considered by the Welsh Office.
111. The Review supports the need for a Strategic Plan in Wales for services for children in need. (16.26)
Agreed. The Welsh Office will be working with the WLGA and others to develop this in the wider context of a children's strategy.
113. A ministerial group should be established to safeguard and promote children's welfare. It should secure a consistent government response to this report and other existing reports such as that of the National Commission on the Prevention of Child Abuse. (16.29)
The Ministerial Task Force on the Children's Safeguards Review met monthly between March and July 1998 to help the Government to draw up this response. It was chaired by the Secretary of State for Health, and involved ten Government Ministers and experts from inside and outside Government. The Task Force will continue to meet less frequently to monitor the implementation of the response and to consider linked policy initiatives. (Response Chapter 7).
114. The Secretary of State should take action to ensure that local authorities carry out inspections at the required frequency. (17.22)
Agreed. The NPG has made this a priority area in relation to all inspection work of both local and health authorities. The "Quality Protects" programme will make clear that local authorities must comply with their statutory duties and carry out procedures correctly and that directions will be issued where this is not the case. (Response Chapter 2).
115. The Social Services Inspectorate should continue its oversight of local inspection units on behalf of the Secretary of State in order to achieve consistently high standards nationally. (17.26)
The forthcoming Social Services White Paper will set out plans for new regulatory arrangements and for central monitoring. Until these new arrangements are established following legislation, the SSI will continue its oversight of local authority inspection units.
116. The Social Services Inspectorate should study the action taken by local authorities to consider and implement the findings of reports of inspection units. (17.28)
Although the forthcoming programme of work by the SSI has been agreed this recommendation will be considered when plans are being drawn up for future inspections and will be considered with other suggestions on the basis of priorities. SSI Wales will be inspecting inspection units in 1998/99 and will endeavour to take this into account. During the previous two years the inspection of children's homes in Wales has addressed this issue.
117. Reports on children's homes should have a common structure and the Social Services Inspectorate should promulgate a model. Reports on boarding schools must have a common structure. (17.30)
Agreed. The Government will take forward this objective when the time and resources become available.
119. It is recommended that arrangements should be introduced for the inspection of welfare arrangements for all health provision in which children are accommodated. (17.32)
Agreed. Arrangements for promoting and safeguarding the welfare of children should be a part of the inspection system that applies to all registered health settings in which children are accommodated. The Government's proposals for new regulatory arrangements will be contained in the forthcoming Social Services White Paper. (Response Chapter 6)
120. One correspondent complained of the 'recalcitrant attitude' of the registering authority when asked to take action where widespread abuse had been established. Such instances are unlikely to escape notice by the Department of Health; the Review expects the Department to remind registering authorities forcefully of their responsibilities in such circumstances. (17.37)
Agreed. This will be addressed in the "Quality Protects" programmes to ensure management arrangements are in place so that responsibilities are properly carried out. Where procedures are not correctly followed or duties and responsibilities fail to be complied with directions will be issued. (Response Chapter 2).
122. Revised legislation should enable shorter periods of Notice of Complaint to be given for child protection reasons. (17.49)
The Government is developing new arrangements for taking simpler and faster action against schools which fail on welfare grounds. Improved welfare arrangements for all independent schools, including those with boarding, are being considered by the DfEE and Welsh Office as part of a wider review of the existing statutory system of registering and monitoring all independent schools. This will be the subject of a consultation exercise and may require legislation to implement changes. (Response Chapter 3).
123. The Review recommends that the Government should examine the need to strengthen the privilege of information communicated to registering authorities about the people and places they are responsible for registering. (17.41)
Agreed. Further thought is being given to how to do this. (Response Chapter 8).
124. The Review recommends that public authorities pursue legal process to the fullest extent possible in the interests of children. (17.42)
Agreed. Proceedings against proprietors of homes should be taken.
125. The standards relating to child protection in Inspecting for Quality - Standards for Residential Child Care Services (SSI 1994) should apply to all settings in which children live away from home. (18.4)
The revised "Working Together" guidance (to be issued in Spring 1999) will set out the principles for investigating child abuse, whatever the setting. (Response Chapter 7).
126. In complex (child protection) cases, where practicable, investigations should be carried out by staff who have specialised in such work and are not employed by the authority under investigation. (18.11)
The new "Working Together" guidance (to be issued in Spring 1999) will set out the principles for investigating complex child abuse cases, whatever their setting. The issue of specialist teams will be considered in this context and the Government's response to this recommendation made then. (Response Chapter 7).
128. Local authorities should ensure that independent sector providers have effective formal complaints procedures and should enable children to use their own procedures. (18.15)
Agreed. This will be taken forward as a part of the "Quality Protects" programme. The Department of Health is also carrying out a review of complaints procedures. (Response Chapter 2).
129. There should be faster and less formal procedures for airing grievances. Local and departmental managers should establish a culture in which minor problems can be sorted out on the spot. (18.16)
Agreed. Current guidance already addresses the need to solve problems as near to the point at which it arose as possible. The Department of Health is reviewing the PSS complaints procedures and problem solving at source will form a part of the new guidance. The Government will consider how best to promote the development of such a culture. This will be tied in with work in the "Quality Protects" programme. (Response Chapter 2).
The Government will remind the governing bodies of all organisations responsible for the care of children and young people that they should have procedures in place that enable staff to raise significant concerns outside their normal line management when they consider the manager has been unresponsive or is the subject of concern. Governing bodies should inform staff of the established procedures for making complaints. This is in line with recommendations in "Choosing With Care". (Response Chapter 8)
130. Local authorities should satisfy themselves that adequate formal procedures for dealing with complaints exist in all residential schools for which they are responsible. Disabled children and others with special needs are likely to need help in making use of formal systems. (18.17)
Agreed. The Government will consider how best to promote the development of such a culture.
131. Telephone helplines and counselling should be accessible to children living away from home, and should receive financial support from statutory and charitable sources. (18.21)
Agreed. A number of helplines and counselling services are already in place, with funding both from Government and from charitable sources. These include Child Line's dedicated helpline for Children in Care which runs alongside the services which Child Line provides for all children.
132. The Secretary of State should possess powers of inquiry into all residential schools under Section 81 of the Children Act 1989. (19.5)
Agreed. Legislation will be sought when Parliamentary time permits. (Response Chapter 5).
133. Departments of State should respond to the recommendations of reports they have commissioned. (19.6)
Agreed. The Government are responding in full to this report and fully intend to respond to any future reports commissioned by the Government.
135. The review recommends a proposal for modifying the balance of probability and suggests that the Home Office investigate it further. (20.23)
Rejected. The Government believes that it would not be right to change the standard of proof in a criminal trial in one type of case where the witness happened to be a child and it would also potentially be in breach of the United Kingdoms obligations under Article 6 of the European Convention on Human Rights.
137. Information should be kept, monitored and published on charges and their outcomes in relation to offences against children. (para 20.29)
The Government is looking at the question of sharing of the availability of information as a matter of priority in the recently established interdepartmental working group which will be considering additional safeguards to prevent those considered unsuitable from working with children.
139. The Review urges the Crown Prosecution Service to issue a code of practice on pre-trial therapy as soon as possible. (20.34)
Following detailed consideration of the issues relating to pre-trial therapy by a multi- disciplinary group led by the CPS, good practice guidance has been drafted. As this is a difficult and sensitive area, wide consultation is planned by the end of the year, before the guidance is published.
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