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Contents

1.	Introduction
2.	Legislation, Regulations and Guidance
3.	Departmental Policy
4.	Definitions
5.	Maximising Life Chances
6.	Detailed Policy and Procedure
	6.1	Local Authority and Staff Responsibilities
	6.2	Communicating Decisions about Contact
	6.3	Contact and the Child’s Wishes
	6.4	Reviewing Contact
	6.5	Contact and Child Assessment Orders
	6.6	Children Subject to Care Orders
	6.7	Applying for Interim/Full Care Order
	6.8	Restricting/Refusing Contact
	6.9	Child’s Request for Contact with a Particular Individual
	6.10	Departure from Terms of Court Order
	6.11	Variation or Suspension of Contact Arrangements
	6.12	Paying for Expenses
	6.13	Arrangements with Foster Carers
	6.14	Arrangements with Residential Units
	6.15	Arranging Contact

1. Introduction

This procedure offers broad guidance relating to the arrangement for contact between a child who is looked after by the local authority (whether accommodated or in care) and members of the child’s family or other people who are significant to the child.

The procedure also covers the roles and responsibilities of social workers when making contact arrangements.

The procedure does not cover every possible situation that staff working in this field might encounter.  Therefore, the procedure should be received as broad guidance and must be used together with staff’s knowledge of working with children and families.

2. Legislation, Regulations and Guidance

The Children Act 1989:

1. Sections 8, 32 and 34
2. Schedule 2:
   1. para.2.15: Promotion and Maintenance of Contact between Child and Family.
   2. Para.16: Visits to or by Children: Expenses.

Children Act 1989 Guidance and Regulations:

• Volume 1: Court Orders, chapter 3.
• Volume 3:  Family Placements, chapter 6

Contact with Children Regulations 1991

The Race Relations (Amendment) Act 2000

The Human Rights Act 1998, Article 8: The Right to Respect for Private and Family Life.

3. Departmental Policy

Children’s Social Care Services views contact between the child looked after and his/her parents, family and friends as crucial in promoting the welfare of the child. Children’s Social Care Services recognises the right of the parent and the child to enjoy each other’s company, as mutual right to contact (The Human Rights Act 1998, Article 8). Therefore, social work staff will need to take positive and pro-active steps to promote contact.

Termination of or reduction in contact is a very serious matter and should only be considered when there is a clear, tangible risk of the welfare of the child, so as to override the primary rights to contact.  Any such reduction or termination of access will have to be reviewed regularly; the expectation will be that the original level of contact will be restored as soon as possible, providing this is consistent with the child’s welfare.

Staff need to make every effort to facilitate contact, especially when the contact has lapsed.  Parents might need encouragement and support or help on a practical level with transport, childcare arrangements etc.  The financial help available under Schedule 2 para.16 (see below) should be used.

When adoption is being pursued in respect of a child serious consideration should be given to the possibility of some level or form of contact being maintained after the child is placed with the adoptive family and after the adoption order is made; it must not simply be assumed that adoption and on-going contact are incompatible.

4. Definitions

‘Contact’ must be understood in a wide sense; it includes not only visits by the child to the family etc. and vice versa, but also includes contact by letter, phone calls, exchange of cards, gifts, or e-mail.  In fact any mode of communication that maintains a link between the child and parents and family network. 

Contact is not only important between the child and his/her parents; it should be encouraged with all people who are important in the child’s life, such as siblings, friends and relatives.

5. Maximising Life Chances

Regular and meaningful contact is an essential part of the child’s global developmental needs.  This is particularly pertinent to the child’s development and maintenance of identity and sense of belonging.

Regular and meaningful contact is also essential for children’s self-esteem and sense of worth, which are crucial ingredients in improving life chances and outcomes, particularly for those children who have spent any period of time looked after by a local authority.

6. Departmental Policy and Procedure

6.1 Local Authority and Staff Responsibilities

The local authority and staff have a responsibility in promoting contact between the child looked after and his/her parents, family, friends and significant others. These duties are stipulated in legislation, guidance and regulations.

6.2 Communicating Decisions about Contact

All decisions about contact must first be made in consultation with the child’s parents. Religious, ethnic and cultural influences and expectations must be identified at this time.

All decisions and agreements regarding contact arrangements must be included in the Placement Information Record.

Any changes with regards to the contact arrangements must again be in consultation with the parents.  The changes must be confirmed to the parents in writing where practicable. This may be at the statutory review, in which case the minutes should reflect the decision.  The situation may change during court proceedings, in which case the changes would be confirmed via a letter.  In whatever arena these changes take place, parents must be informed in writing.

6.3 Contact and the Child’s Wishes

In reaching any decision about the contact arrangements, the social worker must take into account not only the views of the parent but also those of the child, having regard to his/her understanding.

A child should never be forced to persist unwillingly or unhappily with seeing a parent or other person.  Where a child is unwilling to have contact with a parent or other relevant person, the social worker should discuss the situation with their line manager and the Legal Section to consider initiating proceedings under Sect.34 (4) Children Act 1989.

6.4 Reviewing Contact

At each Statutory Review arrangements for contact must be considered; in particular, consideration should be given to whether there is any need for changes in the arrangements in order to promote contact

The nature and level of contact between reviews should be monitored; this is particularly important in cases where contact starts to decrease, or when the Department has taken action under Sec34 (4) Children Act 1989, to end contact.  The fact that such an order has been made does not preclude the need to re-consider the possibility of re-establishing contact.

In order to monitor contact accurately, social workers will be required to maintain a full written record about contact on the case file.

6.5 Contact and Child Assessment Orders

If in making a Child Assessment Order, the court directs that the child may be kept away from home, it must also give directions as it thinks fit about contact between the child and other persons during this period (see guidance and regulations volume 1 – court orders para.4.15 – 4.16).

6.6 Children Subject to Care Orders

Where the child is subject of a Care Order, Interim Care Order or Emergency Protection Order the child must be allowed reasonable contact with his/her parents, anyone with parental responsibility and other persons defined in Section 44(13) of the Children Act 1989.

In planning for the care and placement of the child, the social worker must:

1. Talk to the child to ascertain his wishes and feelings and to clarify who the significant people are.
2. Identify Ethnic background, Religious and Cultural expectations
3. Consult with parents, guardians to establish their wishes and feelings.
4. Consult with the proposed carer before placement to obtain their views about proposed contact arrangements.
5. Ensure that as far as is predictable the placement is able to accommodate proposed contact arrangements.
6. Consider what practical or financial assistance might to be given to any party to enable them to have contact .
7. Ensure that arrangements for contact are clearly set out in writing including any restrictions or limitations of contact and to whom they apply.
8. Ensure the arrangements are clear for reviewing contact arrangements.
9. Outline what recourse is available to parties if they are unhappy about contact arrangements (See Complaints Procedure)

6.7 Applying for Interim/Full Care Order

When applying to court for an interim or full care order, the social worker must inform the court of the arrangements made or proposed by the Department for contact. 

The court must consider these arrangements before making a care order and ask the parties to the proceedings to comment on them.

Before the arrangements are put to the court, the social worker should have discussed contact arrangements with the child, parents and other persons in order to reach some agreement.  If agreement is not reached or if contact is likely to be problematic, the Legal Department should be consulted with a view to asking the court to make an order regarding contact – the court has the power to make very specific conditions in respect of contact.

A parent or person with parental responsibility may make an application for contact to the court.

6.8 Restricting/Refusing Contact

In respect of persons entitled to contact:

1. When problems over contact arise in respect of a person who is entitled to contact under Sect 34 (1) of the Children Act 1989, the social worker should always first attempt to resolve difficulties by discussion and negotiation with the parents or other person concerned.
2. Where such attempts fail the social worker should consult with the Legal Department with a view to applying to the court for an order under either sect. 34(1) or 34(4) or, if an order already exists, for variation or discharge under Sect. 34(9).
3. If a decision is made to apply to the court to vary, restrict or refuse contact, or just ask for court directions, the social worker must be able to demonstrate in the court report, what impact the current contact arrangements are having on the welfare of the child; and how any new arrangements might address the concerns,  (References should be made to any specialist reports, for example Family Centre or Psychologist).
4. The Department has authority under Sect. 34(6) to refuse to allow contact if they are satisfied that it is necessary to do so in order to safeguard or promote the child’s welfare and the refusal is decided upon as a matter of urgency.
5. Contact can be refused for up to 7 days to anyone even where a contact order is in place.  Such decisions are to be made by a team manager or, in complex cases, by a more senior manager after consultation with the legal department.  There might be circumstances in which other staff will, in an emergency situation (for example residential staff in a children’s home), have to make an initial decision to refuse contact when it is not possible to consult with the Team Manager (e.g. at the week-end).  The senior officer on duty will then be responsible for making the decision, but it must reported to the Team Manager as soon as possible.
6. If it is thought that it is necessary to refuse contact for a period longer than the 7 days, application must be made to the court for an order under Sect. 34(4).
7. The person(s) concerned must be notified immediately with the reasons why contact has been refused, as identified in Regulation 2 of the Contact with Children Regulations 1991.
8. Notification must also be given to the child, parent, other persons with parental responsibility and any other relevant person/agency (e.g. school).
9. The notification must include the reason for the decision, date of the decision, duration, if applicable, means of redress if there is dissatisfaction with the decision (See Complaints Procedure).
10. There may also be occasions where it is necessary to refuse contact to a person who is not entitled to contact but has nevertheless been having contact with the child.

In these situations the social worker should:

1. discuss the situation with the child;
2. notify the person concerned in writing of the intention to end contact  (in urgent circumstances, contact should be refused immediately);
3. advise the person of the Department’s Complaints procedure;
4. advise the person of their right to apply to the court for leave to make an application for an order under sect. 34(3) of the Children Act 1989.

If the matter cannot be resolved in this way, the social worker must seek advice from the Legal Department regarding legal options.

6.9 Child’s Request for Contact with a Particular Individual

If the child wants contact with a particular person with whom they are not currently allowed contact; or if they want to restrict or refuse contact with someone with whom they are currently having contact, the social worker should advise them of their right to apply to court for a relevant contact/no contact order.

The social worker should inform and support (if appropriate) the child in getting legal representation.

Where a child or young person has little or no contact with members of his/her family or friends, consideration should be given to arranging for the child to have an independent visitor   This should be discussed with the child and carers.

6.10 Departure from Terms of Court Order

Under Regulation 3, when the court has made an order under Sect.34, the local authority may depart from the terms of that order if agreement is reached between the local authority and the person concerning whom that order is made and the child concerned where he is of sufficient understanding.

When this happens the social worker must write to the persons specified in Regulation 2 of the Contact with Children Regulations.  This notification must be sent within 7 days of the agreement and contain those parts of the information outlined in the schedule to the regulations as the social worker considers those persons need to know.

6.11 Variation or Suspension of Contact Arrangements

When it is decided to vary or suspend an arrangement for contact between one person and the child in care (when that arrangement is not governed by a section 34 order) with a view to affording another person contact with that child, the social worker is required to notify those persons specified in Regulation 2 of the Contact with Children Regulations 1991.

This requirement is set out in Regulation 4, which states that the notification should be given as soon as the decision to vary or suspend contact is made.  The social worker should inform the Legal Department of any intention to suspend contact and to notify parents or those with parental responsibility .

6.12 Paying for Expenses

Under Schedule 2 para.16 of the Act the Department can pay for reasonable expenses incurred by parents, relatives, friends and the children themselves in contact arrangements; these expenses will normally consist of travel and subsistence costs.

The costs can be met by the Department if financial hardship would otherwise be experienced and providing the person in respect of whom payment is being made is a significant person in the child’s life.

6.13 Arrangements with Foster Carers

Any contact arrangements must be discussed and agreed with foster carers.

Foster carers must have copies of the Placement Information Record, which will have recorded the contact arrangements during the time the child is placed with them.

Foster carers need to have in writing all contact times, dates, the venue and any restrictions imposed.

The venue the contact is to take place must be clarified.  If the foster carer has agreed for the contact session to take place in their home, the following needs to be considered:

1. Is it appropriate for the contact session to take place in their home?
2. If so, do the foster carers feel confident about managing it in their home?  It is important to take into account how experienced they are.

If the foster carers have agreed to supervise the contact, there must be a clear agreement (in writing), specifying expectations, tasks (observing, monitoring), how and where the social worker can be contacted if support is needed and so on.

The foster carer should be notified of any changes to the contact arrangements immediately and confirmed in writing.

Foster carers should be given guidance of what to do if the parents do not turn up for the contact.  For example, how long they should wait for and who should be contacted.

The safety of foster carers during contact is an important issue to consider when making arrangements.  Guidelines on how to avoid conflict and what support they can expect to receive should be available to them.

6.14 Arrangements with Residential Units

In general the same considerations and factors should be taken into account for contact in residential homes as detailed in 6.13 above.

6.15 Arranging Contact

New contacts require funding agreement from the LAC and Leaving Care Operations Manager at the point of referral.

All supervised contact requires a referral to be made to the Contact Service at the Ealing Family Support Service by the social worker.

Unsupervised contact does not require a referral. Arrangements must be made by the social worker directly with all parties concerned.

End