Child Protection Conferences

A Child Protection Conference brings together parents/carers/family members (and their child/ren where appropriate), supporters / advocates and those practitioners most involved with the child/ren and family to make decisions about the child's future safety, wellbeing, health and development. If concerns relate to an unborn child, consideration will be given to holding a child protection conference prior to the child's birth.

The Child Protection Conference is a formal multi-disciplinary meeting, which must include representation from the core agencies Children’s Social Care, Police, Health, Education as well as any other agencies working with, or who have specialist skills to support, the child and their family.

Children’s Social Care are responsible for making the decision to convene a Child Protection Conference following Article 42 Enquiries. A multi-agency of relevant practitioners must work on an interim safety plan until such times as being able to attend the Child Protection Conference. The interim safety plan put in place from the point of Strategy Discussion, where threshold for Article 42 Enquiries were met (see SPB Article 42 Enquiries Child Protection Enquiries Under the Ministers Duty to Investigate).

This chapter explains Child Protection Conference, process, and procedure. The information on Child Protection Plans which are formed following a Child Protection Conference and aligned to this chapter available here.

This guidance is for all practitioners (paid or unpaid) who work with children (including the unborn child), those who work with adults who are parents/carers and who therefore hold responsibility for safeguarding and promoting the welfare of children. It is intended to be read alongside the Children and Young People (Jersey) Law 2022, the commensurate Statutory Guidance and the Jersey Children’s First Framework (JCF).  Practioners must follow the Statutory Guidance on sharing information (which follows Data Protection (Jersey) Law 2018) and follow the SPB Child Protection Procedures and the SPB Children and Young Person Safeguarding Referrals Procedure.

The purpose of child protection conferences is to:

• Ensure the child’s welfare is safeguarded by considering any immediate and short term risks as well as longer term risks for the child;
• Where there is immediate risk of significant harm, set actions without delay;
• Capture the voice of the child (See SPB Jersey Respecting and Capturing the voice of the child);
• Bring together, in a multi-agency setting, information about the child's current wellbeing, health and developmental needs and determine the steps needed to promote their wellbeing, health and development within the context of their wider family and environment through analysis of the information received (see JCF Framework);
• Ensure relevant and proportionate information is shared to enable a collective assessment of risk (see The Continuum of Children’s Needs);
• Agree a plan to minimise risk of harm to the child;
• Understand parents/carer’s health needs and parental capacity, and determine the steps needed to support and enable them to better meet the needs of their child;
• Consider the evidence presented to the conference and taking into account the child's present situation and information about his or her family history, present and past family functioning, and decide whether the child has suffered, or is likely to suffer, significant harm;
• Consider under which category or risk they are at risk from (See SPB Recognising Abuse, Neglect and Exploitation);
• Recommend what future action is required in order to safeguard and promote the welfare of the child, including the child becoming the subject of a child protection plan, determine what planned outcomes for the child and how best to achieve these;
• Set proportionate interventions, linked to intended outcomes, which are presented in a way which is understood by all, especially the children and their parents/carers, (where proceeding Child Protection Plan objectives must be Specific, Measurable, Attainable, Relevant, Timebound, Evaluated and Re-evaluated (‘SMARTER’ - see SPB Jersey Child Protection Plans);
• Appoint a lead social worker from Jersey children's social care for each child who requires a child protection plan, (The lead social worker, responsible for ensuring the child protection plan is co-ordinated and implemented to timescale with the multi-agency of supportive services - see SPB Jersey Child Protection Plans);
• Identify a core group of practitioners and family members to develop, implement and review the progress of the child protection plan (see SPB Jersey Child Protection Plans);
• Put in place a contingency plan if the agreed actions are not completed and/or circumstances change impacting on the child's safety and welfare.

The child protection conference should consist of those persons and practitioners who have a significant contribution to make due to their knowledge of the child and family or the expertise they can offer to safeguard the welfare and offer guidance and support to improve the wellbeing, health, development needs and outcomes for the child/ren.

Participation is most likely to include:

• The child or their representative;
• Parents/cares and wider family members, including all those with parental responsibility;
• Children social worker and other social worker practitioners essential to the formation of the Child Protection Plan (see SPB Jersey Child Protection Plan);
• The police - who should continue to be involved where there is continuing police involvement in a case;
• Foster carers;
• Education, early learning and childcare practitioners and education welfare officers;
• Primary and acute health practitioners involved with the child (e.g. health visitor, school nurse, paediatrician, midwifery (for unborn child/ren), GP, school nurses, Child and Adolescent Mental Health Services);
• Practitioners from Dewberry House - Sexual Abuse Referral Centre (SARC);
• Practitioners from on island Domestic Abuse Supportive Services;
• Youth services and probation;
• Practitioners with expertise in the particular type of harm suffered by the child or in the child's particular condition (e.g. a disability or long term illness);
• Adult mental health services, alcohol and substance use services if appropriate (see SPB Jersey Roles and Responsibilities for contact details of on island partner agencies);
• Involved third sector organisations.

Other participants:

Invitations to conference should be provided to all practitioners with a need to know or who have a contribution to the task involved. These may include:

• Local legal services (child protection) if it is anticipated that legal advice will be required;
• The child/ren's guardian where there are current court proceedings;
• Practitioners involved with the parents or other family members (e.g. family support services, adult mental health services, probation, the GP;
• Probation or the Youth Offending Team;
• Local housing services;
• Any other relevant practitioners or service provider;
• A supporter / advocate for the child and/or parents.

Note - A professional observer can only attend with the prior consent of the Chair and the family and must not take part in discussions or decision-making.

Practitioners who are invited but unable to attend for unavoidable reasons should:

• Inform the conference administrator;
• Submit a written report;
• Arrange for a well-briefed agency representative to attend and speak to the report;
• Agencies are expected to share a report about the child and family in written form with the family and other agencies as appropriate, prior to the conference, whether or not they are able to attend the conference. See Information for conference.

Babies and young children should not normally be present during the conference as they will cause distraction from the focus of the meeting. Parents should be assisted to make arrangements for their care where necessary.

Professional judgement about risk of significant harm

Professional judgement is needed about the severity and immediacy of the risk of harm. This will be reviewed as relevant information is shared. There is no statutory definition or uniform defining criteria for significant harm. Significant harm refers to serious interruption, change or damage to a child’s physical, emotional, intellectual or behavioural health and development.

To understand and identify significant harm, it is necessary to consider:

• Immediate risk of harm and cause of this risk?
• What has happened, to the child? What is the meaning, the nature and degree of the actual or likely harm, in terms of abuse, neglect or exploitation, they have experienced. Where practitioners are encouraged to use professional curiosity, (See SPB Recognising Abuse, Neglect and Exploitation);
• Parental/carers failures to provide care and protection where practitioners should use tools to support their professional judgment with following Guidance and the use of the JCF Continuum of Children’s Needs and Forms available on the SPB Website -  Child Sexual Exploitation Risk Assessment Tool, Child Neglect Screening Tool, Graded Care Profile);
• The presence of premeditation, sadism, sexual abuse, physical abuse, neglect, emotional abuse, threat, coercion, domestic abuse (see SPB Jersey Recognising Abuse, Neglect and Exploitation);
• The presence of criminal exploitation or sexual exploitation (see SPB Jersey Child Sexual Exploitation);
• The presence of complex or organised abuse (see SPB Jersey Complex or Organised Abuse);
• The child’s lived experience, their needs and expressed feelings as far as they are known (See SPB Jersey Respecting and Capturing the voice of the child);
• The child’s development in context, including additional needs such as a medical condition, communication impairment or disability, that may affect the child’s wellbeing health, development, vulnerability and care needs and the impact the abuse they have experienced has had on their wellbeing, health and development so far;
• The presence of Harmful Sexualised Behaviours and the link to potential sexual abuse;
• Parental or carer responses to concern as far as they are known and the capacity of the parents or carers to protect and care for the child;
• Past occurrence, frequency or patterns in the occurrence of harm, where practitioners should capture a multi-agency chronology and make this available where possible for conference with the use of the JCF Framework Chronology;
• The context of risk within the child’s culture, family network and wider world where practitioners must work with cultural competency, whilst understanding different cultural beliefs are not a reasonable cause for abuse, neglect or exploitation (see SPB Safeguarding Practice Guidance on Racism, Female Genital Mutilation, Modern Slavery and Child Trafficking, Honour Based Violence, Forced Marriage);
• interaction between known risks and known strengths, complicating or protective factors in the child’s world, using the My World Triangle and JCF Assessment Framework (see SPB Jersey Assessment);
• The probability of recurrence or persistence of harm or risk of harm and the Degree of practitioner confidence in the information that either the abuse has occurred and is likely to be repeated, or that the child is at risk of harm.

Participants should be given a minimum of 5 working days’ notice of decision to convene an Initial Child Protection Conference. In order for the conference to reach well-informed decisions based on evidence, it needs adequate preparation and sharing of information on the child/ren's needs and circumstances by all agencies that have had significant involvement with the child and family, including those who were involved in the assessment and the Article 42 enquiry. All reports must be clear and distinguish between facts, allegations and opinions. Child Protection Pro-Forma Documents must be used.

Children's social care report

Local authority children's social care should provide Initial Case Conferences and Review Case Conferences with a written, signed report that summarises and analyses the information obtained in the course of the assessment undertaken in conjunction with the child protection enquiries under Article 42 of the Children’s Law Jersey 2002, Children and Young People Jersey Law 2022 (and commensurate statutory guidance) and information in existing records relating to the child and family.

The Children’s Social Work Report will include:

• A clear analysis of the implementation and progress of the child protection plan including any added information or obstacles to implementation;
• Consider of the Wellbeing, Health and Development and the safeguarding needs of each child in the family, where their needs and circumstances will be explained and considered;
• The record of assessments made by the social worker which informs their report;
• The dates the child was seen by the Children’s Social Worker during the course of their work with the child(ren) and their parents/cares, including during Article 42 Enquiries (when it is an Initial Case Conference), and on all occasions where the child was seen alone and if not, who was present and for what reasons.

The Children’s Social Work report should be provided to parents and older children (to the extent that it is believed to be in their interests) at least 2 working days in advance of the initial conferences and a minimum of 5 working days before review conferences to enable any factual errors to be corrected and the family to comment on the content.

The report should be available to the conference Chair at least 2 working days prior to the initial conference and 5 working days in advance of the review conference.

Reports from other agencies

All agencies working with the family should provide the conference with a written, signed report setting out the details of their involvement. Agencies reports must be completed on the agreed Child Protection pro forma for reports. The report should be shared with the child (if appropriate) and family prior to the conference (where this does not prejudice the welfare of the child).

It should be made available to the conference Chair and other attendees 2 working days in advance of an initial conference and 5 working days of a review conference.

Due to the nature of the information that may be contained within the police report (e.g. the disclosure of confidential information about a third party), the police report will only be shared with the conference chair who will summarise the relevant information in the meeting or ask the police representative to do so.

Information from children and families

Children and family members should be helped in advance to consider what they wish to convey to the conference, how they wish to do so and what help and support they will require (e.g. they may choose to communicate in writing, by tape or with the help of an advocate).

Families may need to be reminded that submissions need to be sufficiently succinct to allow proper consideration within the time constraints of the child protection conference.

See Section 11, Involving Parents/Carers and Children at Conference.

There are several different types of Child Protection Conference as follows:

• Initial Child Protection Conference (ICPC);
• Pre-birth Initial Child Protection Conference (Pre-Birth ICPC);
• Review Child Protection Conference (RCPC);
• Transfer in Initial Child Protection Conference (ICPC).

Note: All child protection conferences will be held with the same structure and must include, not only the child subject to specific concerns, but also all other children in the household (including unborn child/ren).

• Initial Child Protection Conference (ICPC)

The initial child protection conference should take place within 15 working days of:

• The first strategy meeting / discussion when Article 42 enquiries were initiated;
• Notification by another local authority that a child subject of a Child Protection Plan has moved to Jersey.

Where there is delay, this must be reported to the children's social care manager (including reasons for the delay) and children's social care must ensure risks of harm to the child are monitored and action taken to safeguard the children.

Note - If there is an Emergency Protection Order (EPO) and it is decided to hold a child protection conference, the conference should, whenever possible, be held before the EPO expires.

• Pre-Birth ICPC

All practitioners caring for or working with pregnant people, where risks are identified for their unborn child, should follow the Follow the Children and Young People Safeguarding Referrals Procedure and refer to the Children and Families Hub so that pre-birth assessment and support can be offered as early as possible in the pregnancy (see SPB Jersey Multi-Agency Protocol for Unborn Babies).

Note - Where a pregnancy is in the very early stages, on a case by case basis risks may warrant early help, in the form of wellbeing, health and development multi-agency assessments, which may then lead to the need for further referral to the Children and Families HUB if risks do not reduce.

A Pre-birth ICPC is held where there are considerable professional concerns about the likelihood of significant harm to an unborn child(ren) (See The Continuum of Children’s Needs).

Pre-birth ICPC should take place:

• No later than 28 weeks or in the case of later notification of pregnancy, as soon as possible after notification of concern (and in any case within 12 weeks or as soon as required), to allow as much time as possible for planning support for the baby and family. Where there is a known likelihood of a premature birth, the conference should be held earlier.
• Within 15 days of the first strategy meeting/discussion when Article 42 Enquiries were initiated (taking into account expected date of delivery and specific circumstances on a case by case basis).

A pre-birth ICPC should be held where:

• Children’s Social Care Pre-birth Assessment gives rise to concerns that an unborn child may have suffered, or is likely to suffer, significant harm;
• A concealed pregnancy is felt to be in relation to risk of significant harm to the unborn child;
• Article 42 Enquiries are made in relation to other children in the home, who may be at risk of harm or significant harm and the family are expecting the birth of another child;
• A previous child has died or been removed from parent/s as a result of significant harm;
• A child is to be born into a family or household that already has children who are subject of a child protection plan;
• An adult or child who is a risk to children resides in the household or is known to be a regular visitor.

This list is not exhaustive and other risk factors to be considered are:

• The impact of parental risk factors such as mental ill health, learning disabilities, problematic substance use (including alcohol) and domestic abuse (See SPB Jersey Safeguarding Practice Guidance on Domestic Abuse and Safeguarding Children, Children of Parents who are Problematic Substance Users, Parents with Learning Disabilities);
• A person under the age of 16 (or 18 without visible means of support) and about whom there are concerns regarding their ability to self-care and / or to care for the child.

The Pre-birth ICPC must include all practitioners working with the prospective parents where they will work in partnership to co-ordinate and deliver a Multi-Agency Child Protection Plan to:

• Decide whether the child is likely to suffer harm or significant harm and why;
• Meet the needs of the unborn child(ren), as example support from drug and alcohol services to stabilise substance use (including alcohol) (See SPB Jersey Children of Parents who are Problematic Substance Users;
• Support and prepare parents with learning disability and understand their parenting capacity through timely parenting assessment, (see SPB Jersey Children of Parents with Learning Difficulties);
• Determine the support parents/carers need in the pre-birth window to reduce risks and to prepare for parenthood through the provision of universal and targeted antenatal support;
• Promote Early engagement and planned support in the pre-birth window, where parents to be feel may feel more motivated to change and look for support to do so;
• Pre-Birth Child Protection Plan takes steps to prepare parent(s) to be for the birth of their baby and may for example include support from Customer and Local Services and Housing in the multi-agency of support;
• Determine who is responsible for notifying the lead practitioner and/or allocated social worker of the birth of the baby;
• Decide what steps need to be taken at the point of delivery on a case by case basis for example in some cases legal measures such as application for an emergency protection order (EPO) which can only be made at birth.

Note - See further information SPB Jersey Child Protection Plans for steps to take when a child(ren) are born and they have a child protection plan in place at birth, to understand the need for Discharge Planning Meeting.

• Review Child Protection Conference (RCPC)

The first RCPC should be held three months from the date of the ICPC.

Note: On a case by case basis the Independent Chair of the ICPC may decide that the first RCPC should be held 6 months from the date of ICPC for example where there would be little likelihood of meaningful change within the initial 3 month period.

Further RCPC’s should be held at 6 monthly intervals, for as long as the child remains the subject of a child protection plan.

Note: RCPC’s can be called earlier if circumstances change.

Where there has been a Pre-Birth ICPC, the RCPC may be held within 1 to 3 months of the Pre-Birth ICPC. There should be latitude for professional judgment about the most appropriate timing of post birth RCPC. This does not preclude an earlier review where changes to the unborn baby’s living situation significantly reduce risks. Although careful consideration is required about early decisions, to remove a child’s name from a Child Protection Plan without ensuring change is embedded and the necessary supports are in place to reduce risks when their child(ren) are born. 

Where the RCPC is not planned within the timescale of the child’s birth, there should be a Core Group held within 10 days of the birth of the child(ren). Or on a case by case basis by 20 days where for example if parents/carers are not medically fit to attend a meeting within the first 10 days (see SPB Jersey Child Protection Plan).

If the decision is made to hold a core group, then it is important to ensure all relevant health practitioners attend, including a paediatrician (where required), midwifery and health visiting services.

All RCPC’s should consider the timescales to meet the needs and safety of the child(ren). An infant or child under the age of 5 where there are serious concerns about the levels of risk may require the timescales to be shorter than those set above. The decisions should reflect the impact on and the circumstances of the child.

RCPC are held to achieve the best possible outcomes for the child and include:

• Sharing and analysing up-to-date information about the child's health, development and functioning and the parent's capacity to ensure and promote the child's welfare;
• Maintaining contact with Health practitioners such as GPs, Health Visitors, CAMHS and adult mental health service practitioners about the child;
• Considering the impact on the child of the capacity and functioning of the parent/carer.

The RCPC is intended to:

• Work to a strengths based restorative model of partnership working with parents/carers, where to do so does not prejudice the welfare of their child(ren);
• Understand the lived experiences of the child(ren), (see SPB Jersey Respecting and capturing the voice of children);
• Review Wellbeing, Health and Developmental Assessments (see SPB Jersey Assessments);
• Review progress against the set Child Protection Plan outcomes (See SPB Jersey Child Protection Plans);
• Consider whether the child protection plan should be changed;
• Consider how working together has progressed, voice difficulties or increased risk where the Child Protection Plan has not progressed;
• Consider if a Child Protection Plan needs to continue to meet safeguard the welfare of child(ren) and meet their wellbeing health and development needs;
• Consider under which category or risk they continue to be at risk from – Physical, Sexual, Emotional Abuse or Neglect following the Jersey Children’s Law 2002, from (See SPB Recognising Abuse, Neglect and Exploitation);
• If the child is no longer considered at risk of harm or significant harm, then the child should no longer be the subject of a child protection plan and in partnership with the child their parents/carers consider the continuing support services which should continue to benefit the child and family and make recommendations accordingly.

Note - Where every RCPC considers explicitly whether the child is suffering, or is likely to suffer, significant harm and hence continues to require safeguarding from harm through adherence to a formal child protection plan. If the child is considered to be suffering significant harm, the local authority should consider whether to initiate family court proceedings.

Ensuring that the measures already in place to safeguard the child from harm are effective and in line with local arrangements.

• Regularly reviewing the progress of all aspects of the Child Protection Plan;
• Making changes to the child protection plan (e.g. where a family is not co-operating or a service is no longer available);
• Deciding what action is required to safeguard the child if there are changes to the child's circumstances;
• Setting or re-setting desired outcomes and timescales;
• Seeking and taking into account the child's (possibly changed) wishes and feelings;
• Making judgements about the likelihood of the child suffering significant harm in the future
• Deciding whether there is a need for a new assessment.

A Core Group (please see SPB Child Protection Plans) can trigger the request for a review. Thereafter reviews should take place 6 monthly or earlier if circumstances change, or it is considered the child is no longer requires a child protection plan.

Children’s social care should have systems in place to routinely review children, who have been subject of a Child Protection plan for over 2 years to reconsider the progress of the plan. Where such systems should be specifically concerned about children under the age of 5 years.

Reviews should be brought forward where / when:

• Child protection concerns relating to a new incident or allegation of abuse have been sustained;
• There are significant difficulties in carrying out the child protection plan;
• A child is to be born into the household of a child or children already subject of child protection plans;
• An adult or child who poses a risk to children is to join, or commences regular contact with, the household;
• There is a meaningful change in the circumstances of the child or family not anticipated at the previous conference and with implications for the safety of the child;
• A child who is looked after, is returning to the circumstances where care of the child previously aroused concerns (unless this step is anticipated in the existing child looked after care plan or via a court order);
• The core group believe that an early cancellation of the need for a child protection plan should be considered.

Transfer in Child Protection Case Conference

Geographical moves are a time of accentuated stress and risk for children and families (see SPB children moving into and out of Jersey). Child protection conferences must be held to ensure proper transfer of information and responsibilities when a Child Protection Plan is currently in place.

Transfer in conferences should take place when a child, who is the subject of a child protection plan, moves from their original local authority area to live in another local authority area permanently, (see SPB Jersey Children Moving in and out of Jersey).  Where the movement of a child is understood, Children’s Social Care will take steps to organise a Transfer in ICPC for the child(ren) who have moved to Jersey and where it is the responsibility of the receiving local authority to do the same on understanding a child has moved from Jersey to their area.

The Transfer in ICPC should receive reports from the original local authority and the original authority should be invited to attend the conference which should take place within 15 working days of the notification. Such a conference has the same status and purpose and must be conducted in a comparable manner to ICPC.

Only a review child protection case conference can remove a child from child protection planning process. Where it is known that a child and/or their family are moving permanently to another area/jurisdiction, the receiving authority should be notified immediately, this should be followed up in writing. Where the child moves to another authority, Jersey Childrens Services must assess the change in circumstances. If there is felt to be a reduction in risk, Jersey Childrens Services should arrange RCPC to consider the need for on-going child protection planning. In such circumstances it would be best practice for an appropriate member of staff from the receiving authority to attend the review. Where Jersey Childrens Services considers that the risk is on-going or even increased by the move, the receiving authority is responsible for convening the Transfer in Child Protection Case Conference. This should be held within the timescales of the receiving authority but a maximum of 21 working days is recommended. Until the Transfer in Child Protection Case Conference meeting, an interim safety plan must be agreed between the relevant authorities.

At the Transfer in Child protection case conference, the minimum requirement for participation will be the originating area/jurisdiction social worker and manager and the receiving authority social worker and their manager, as well as representatives from appropriate services including health and education.

Children, who are already looked after, will not usually be the subject of child protection conferences, though they may be the subject of Article 42 Enquiry.

The circumstances in which a child becomes looked after may mean for a period of time they are looked after whilst they have in parallel a Child Protection Plan or vice versa where they are no longer considered a child looked after may require a Child Protection Plan to be put in place for them on their return home. The Care Plan and Placement Plan for a child who is looked after (whether there are proceedings pending an outcome, an interim Care order or a Care order in place) should provide the means to safeguard the child. The Care Plan and Placement Plan should be reviewed and updated regularly and in response to added information or concerns about the welfare of the child.

• Looked after children may require a child protection plan on repatriation to their parents/carers.

If it is proposed that a child subject to a Care order should be returned to their birth family / returned home, the members of the statutory looked after child case review planning meeting will consider the proposal for rehabilitation and must decide and record whether an ICPC should be convened prior to the change.

If the decision of the Review is that an ICPC should be convened, the child's social worker must request it to take place within 15 days of the case review decision.

• Children with child protection plans who become looked after.

If a court grants a Care Order in respect of a child who is subject of a child protection plan, the senior manager responsible for safeguarding will end the child protection plan by convening an RCPC. The subsequent Looked After Child Review must make an assessment about the security of the child, considering issues such as contact and the looked after Care plan for the child. If the Care plan for the child involves remaining in or returning to the family of origin, the Looked After Child Review should give careful consideration to whether the child can be adequately protected through the framework of the childcare reviews.

If a child then ceases to be subject of a child protection plan, and the parent then requests the return of their child, a Children's Social Care Manager should consider the need for an ICPC. The manager must record the reasons for the decision whether or not to hold a child protection conference.

• RCPC and children who are looked after.

Where a looked after child remains the subject of a child protection plan there must be a single plan and a single planning and reviewing process, led by the Independent Reviewing Officer (IRO). This will ensure that up to date information in relation to the child's welfare and safety is considered within the review meeting and informs the overall care planning process.

Consideration should be given to whether the criteria continue to be met for the child to remain the subject of a child protection plan and whether to bring forward the RCPC. Significant changes to the care plan should only be made following the looked after child's review.

Consideration should be given to the IRO chairing the child protection conference where a looked after child remains the subject of a child protection plan despite there being:

• Different requirements for independence of the IRO function compared to the chair of the child protection conference;
• A requirement for the child protection conference to be a multi-agency forum while children for the most part want as few external people as possible at a review meeting where they are present.

This should be decided on an individual case basis and managed to ensure that the independence of the independent reviewing officer is not compromised. Similarly, the child might benefit from another independent chair and where it is possible should be consulted about the use of the IRO as chair. Where it is not possible for the IRO to chair the child protection conference the IRO will attend the child protection review conference.

The location and timing of the conference should be planned to ensure maximum attendance from the most critical attendees. In exceptional circumstances it may be considered for key practitioners to contribute via conference calls. Conferences should not be scheduled for times when parents will be busy looking after children at home (e.g. after the end of the school day). Wherever possible, local authority children's social care should provide parents with the opportunity to utilise appropriate day care for their children to enable their attendance at the conference.

Children's social care is responsible for taking into account health and safety issues and security arrangements when planning each conference. See also Exclusion of family members from a conference.

Advances in technology make the recording of meetings and other conversations e.g. via smart phones much more easily available to individual service-users. This may wish to:

• Have a verbatim record of the conversation to refer back to;
• Have difficulties in following or recalling conversations;
• Seek to use the recording for other purposes such as admission into evidence in family court proceedings;
• Use for wider broadcast.

This may arise in the context of child protection / safeguarding meetings, private law or public law proceedings, and may involve recording of conversations between parents/carers, between parents/carers and practitioners, between parents/carers and children or the general discussions in meetings The recording may take place overtly or covertly.

There are no specific legal restrictions on the recording of conversations, whether this is overt or covert. Good practice would be that advance consent is sought for any planned recording, but a blanket ban on recording is unlikely to be lawful and legal advice should be sought as appropriate where this would be felt to be otherwise.

Practitioners should be mindful that covert recording may be taking place and should endeavour to ensure that they do not:

• Make statements during 'private' conversations which they would not be prepared to hear produced as evidence in court;
• Understand if the scale or style of recording is excessive, oppressive or disproportionate, then this may cross a threshold of being acceptable in cases where there is domestic abuse or for example, a parent recording their questioning of their child in a manner which is oppressive may be evidence of possible emotional abuse of the child by that parent.

There should be a clear process in place for dealing with requests to record meetings/conversations or for situations where it seems likely that covert recording is taking place or is likely to take place. It is preferable for this to be addressed with all service-users at an early stage, rather than waiting until the situation arises at the start of a meeting.

The process should set out how the request should be made, who will consider the request and how far in advance of the meeting the request should be made. It should also make clear to the service-user the limitations upon the use of the recorded material, e.g. that it can only be used in relation to the ongoing family proceedings and cannot be broadcast more widely. The service-user will preferably be invited to sign to indicate their agreement to and understanding of these limitations.

Good Practice:

• In considering the request by any party, consideration should be given to whether agreeing to such a request will impact on the quality of the information-sharing and discussion or compromise the decision-making with regard to the safeguarding of the child;
• The interests of the child must be the primary concern and confidentiality must be observed;
• It is important that each such request is considered on its own merits. If the decision-maker is minded refusing the request, then legal advice should be sought;
• Where the making of an audio or video record of a child protection/safeguarding meeting is proposed then this request should be considered by Children’s Social Care Senior Manager and The Chair of the Child Protection Conference who then consult with participating agency managers and others as required;
• In the case of Child Protection Conferences the Conference Chair should determine the response in consultation with Conference members and/or by taking legal advice;
• For Core Group meetings the chair, often a Children’s Social Care Manager, or Lead social worker will determine the response;
• Whilst the recording itself may well be legitimate, there may be restrictions on its use;
• If a party seeks to admit such material into court proceedings, then it is at the discretion of the court whether to allow this or not. Such evidence will only be admitted if it is relevant to the issues in the case and not, for example, in furtherance of a personal grievance by a parent against a social worker;
• It may also be the case that the recording may contain information (including possible 'sensitive personal information') relating to third parties, and the distribution of such information so as to enable those third parties to be identified is likely to be in breach of data protection provisions. If the issues in question are the subject of ongoing court proceedings, then there is also a possible contempt of court, legal advice sought at each stage in proceedings where required;
• For Further Information see: Parents recording social workers - A guidance note for parents and practitioners (The Transparency Project).

There must be a sufficient number of multi-agency practitioners in attendance to contribute to the information sharing and analysis to enable safe decisions and effective planning. As a minimum quorum, at every conference there should be attendance by local Children's social care and at least two other professional groups or agencies, which have had direct contact with each child who is the subject of the conference. In addition, attendees may also include those whose contribution relates to their professional expertise or responsibility for relevant services.

Where a child protection case conference is inquorate it should not ordinarily proceed, and in such circumstances the Chair must ensure that either:

• An existing interim safety plan is produced;
• The existing plan is reviewed with the practitioners and family members in attendance, so as to safeguarding the welfare of the child(ren);
• Another early child protection case conference date is set immediately and held within 10 working days.

In exceptional circumstances, the Chair may decide to proceed with the conference despite lack of agency representation. This would be relevant where:

• A child has not had relevant contact with 3 agencies (e.g. pre-birth conferences);
• Sufficient information is available;
• A delay will be detrimental to the child.

Where an inquorate conference is held, an early review conference should be arranged immediately.

Where an inquorate Child Protection Conference is held the Chair must ensure that the reasons for proceeding with the case conference, and any arrangements to safeguard the child in the meantime, are noted in the child protection case conference record. Two consecutive inquorate child protection case conferences must not be held.

Inquorate Child Protection Case Conferences cannot remove a Child Protection Plan.

• Parents/Carers

It is important that the JCF Framework is followed, and that working together, keeping the child at the centre and working in partnership with parents. The following are minimum requirements for all attendees of the conference and the responsibility of the Chair of the Conference to uphold:

• Parents must be invited and encouraged to participate in all child protection meetings (unless it is likely to prejudice the welfare of the child);
• Parents should be supported on a case by case basis to meet their needs, with for example easy to read material, pictorial information, and information in their first language which enables them to have equitable participation;
• With timely preparation and information, being provided about the process, what they can expect at conference and their role in the case conference;
• Advocates should be facilitated to support parents where required;
• With Interpreters with suitable training.

The Independent Chair prior to the meeting should take place to ensure they have their questions answered. Parents/carers and wider family need sufficient time and support before, during and after the meeting to understand shared information, including concerns and decisions.

The Independent Chair should:

• Encourage the parent or carer to express their views, while bearing in mind that they may have negative feelings regarding practitioners’ intervention in their family;
• Make certain that parents/carers are informed in advance about how information and discussion will be presented and managed.

Some Parents/Carers may wish to bring someone to support them when they attend the child protection case conference. This may be a friend or another family member, or advocacy worker. This is at the discretion of the Independent Chair who should explain this person is there solely to support the parent/carer and has no other role within the conference.

Those parents for whom English is not a first language must be offered and provided with an interpreter. A family member should not be expected to act as an interpreter of spoken or signed language.

Exceptionally, it may be necessary to exclude one or more family members from a conference, in whole or in part. Where a parent attends only part of a conference as a result of exclusion, they must receive the record of the conference. The Chair should decide if the entire record is provided or only that part attended by the excluded parent (see Section 12, Exclusion of Family Members from a Conference).

Explicit consideration should be given to the potential for conflict between family members and possible need for children or adults to speak without other family members present.

• Criteria for presence of child at conference, including direct involvement.

The child, subject to their level of understanding, needs to be given the opportunity to contribute meaningfully to the conference. In practice, the appropriateness of including an individual child must be assessed in advance and relevant arrangements made to facilitate attendance at all or part of the conference.

Where it is assessed, in accordance with the criteria below, that it would be inappropriate for the child to attend, alternative arrangements should be made to ensure their wishes and feelings are made clear to all relevant parties (e.g. use of an advocate, written or taped comments).

The primary questions to be addressed are:

• Does the child have sufficient understanding of the process?
• Have they expressed an explicit or implicit wish to be involved?
• What are the parents' views about the child's proposed presence?
• Is inclusion assessed to be of benefit to the child?

The test of 'sufficient understanding' is partly a function of age and partly the child's capacity to understand. The following approach is recommended:

• A (rebuttable) presumption that a child of less than twelve years of age is unlikely to be able to be a direct and/or full participant in a forum such as a child protection conference;
• A presumption (also rebuttable by evidence to the contrary) that from the age of twelve and over, a child should be offered such an opportunity.

A declared wish not to attend a conference must be respected.

Consideration must be given to the impact of the conference on the child (e.g. if they have a significant learning difficulty or where it will be impossible to ensure they are kept apart from a parent who may be hostile and / or attribute responsibility onto them). Consideration must be given in particular to the extent to which it is appropriate for a child to hear details of a parent's personal difficulties and a parent's view about this must be respected.

In such cases, energy and resources should be directed toward ensuring that, by means of an advocate and / or preparatory work by a social worker, the child's wishes and feelings are effectively represented.

• Direct involvement of a child in a conference

In advance of the conference, the Independent Chair and Children’s Social Worker should agree whether:

• The child attends for all or part of the conference, taking into account confidentiality or parents and / or siblings;
• The child should be present with one or more of their parents;
• The Chair meets the child alone or with a parent prior to the meeting;
• The child should attend all or part of the conference, it is essential that they are prepared by the social worker or independent advocate who can help them prepare a report or rehearse any particular points that the child wishes to make;
• Provision should be made to ensure that a child who has any form of disability is enabled to participate.

Consideration should be given to enabling the child to be accompanied by a supporter or an advocate.

• Indirect contributions when a child is not attending.

Indirect contributions from a child should, whenever possible, include a pre-meeting with the conference Chair.

Other indirect methods include written statements, e-mails, text messages and taped comments prepared alone or with independent support, and representation via an advocate.

Childcare practitioners should all be able to represent a child's views and a particular responsibility falls upon the social worker to do so. It is more important that the child feels involved in the entire process of child protection assessment rather than merely receiving an invitation to the conference.

The conference Chair, or other participants, must be notified as soon as possible by the Child’s Social Worker if it is considered necessary to exclude one or both parents/carers for all or part of a conference. The Chair should make a decision according to the following criteria:

• Indications that the presence of the parent/carer presents a significant risk to others attending including the child, and where their presence is seen to prejudice the welfare of the child;
• If bail conditions preclude contact;
• Sufficient evidence that a parent may behave in such a way as to interfere seriously with the work of the conference such as violence, threats of violence including situations of domestic abuse, racist or other forms of discriminatory or oppressive behaviour, or being in an unfit state (e.g. through drug, alcohol consumption or acute mental health difficulty);
• A child requests that the parent / person with parental responsibility is not present while they are present;
• The presence of one or both parents would prevent a practitioner from making their proper contribution through concerns about violence or intimidation (which should be communicated in advance to the conference Chair);
• The need (agreed in advance with the conference Chair) for members to receive confidential information that would otherwise be unavailable, such as legal advice or information about a criminal investigation;
• Conflicts between different family members who may not be able to attend at the same time (e.g. in situations of domestic abuse).

Where a worker from any agency believes a parent should, on the basis of the above criteria, be excluded, representation must be made, if possible at least 3 working days in advance, to the Chair of the conference.

The agency concerned must indicate which of the grounds it believes is met and the information or evidence on which the request is based. The Chair must consider the representation carefully and may need legal advice.

If, in planning a conference, it becomes clear to the Chair that there may be a conflict of interest between the children and the parents, the conference should be planned so that the welfare and safety of the child remains paramount.

Any exclusion period should be for the minimum duration necessary and must be clearly recorded in the conference record.

In their absence, a friend or advocate may represent them at the conference.

It may also become clear in the course of a conference that its effectiveness will be seriously impaired by the presence of the parent/s. In these circumstances the Chair may ask them to leave.

Where a parent is on bail, or subject to an active police investigation, it is the responsibility of the Chair to ensure that the police representative can fully present their information and views and also that the parents participate as fully as circumstances allow. This might mean that if the police representative is a police officer they may be asked to leave a conference after providing information. It is not appropriate for a police officer to administer a caution to parents prior to the conference; the purpose of the conference is to enable analysis and not to progress a criminal investigation.

The decision of the Chair over matters of exclusion is final regarding both parents and the child/ren.

If, prior to the conference, the Chair has decided to exclude a parent, this must be communicated in writing with information on how they may make their views known, how they will be told the outcome of the conference and about the complaint’s procedure. See Chapter Dissent from the conference decision and Complaints.

Those excluded should be provided with a copy of the social worker's report to the conference and be provided with the opportunity to have their views recorded and presented to the conference. The Chair will determine whether or not the excluded parent should receive the record of the conference.

If a decision to exclude a parent is made, this must be fully recorded in the record. Exclusion at one conference is not reason enough in itself for exclusion at further conferences.

If parents and / or children do not wish to attend the conference they must be provided with full opportunities to contribute their views. The social worker must facilitate this by:

• The use of an advocate or supporter to attend on behalf of the parent or child;
• Enabling the child or parent to write or tape or use drawings to represent their views;
• Agreeing that the social worker, or any other practitioner, expresses their views.

• The Chair:

The Independent Chair will:

• Have significant experience in child protection practice;
• Have sufficient authority, skill and experience to carry out the functions of the Chair;
• Be able to challenge all contributing services on progress;
• Be from social work services;
• be able to access suitable training and peer support.

Jersey Childrens Services provide a measure of independence within the chairing of child protection conferences by ensuring that those acting in this role have no direct involvement in supervisory function in relation to any practitioner in the case. As far as possible, the same person should chair initial and review child protection conferences.

• The Chair’s role

This includes:

• Ensuring that all persons invited to the Child Protection Case Conference understand its purpose, functions and the relevance of their particular contribution;
• Meeting with parents/carers to explain the nature of the meeting, and possible outcomes;
• Ensuring that the parents/carers and child’s views are taken into account;
• Confirming the identity and role of the lead practitioner at the meeting;
• Facilitating information-sharing, analysis and consensus about the risks and protective factors;
• Facilitating decisions and determining the way forward as necessary;
• Where a child is considered to be in need of child protection planning, outline decisions that will help shape the initial Child Protection Plan (to be developed at the first Core Group meeting), identifying the lead practitioner (if not already appointed), and advising parents/ carers about local dispute resolution processes;
• Facilitating the identification of a Core Group of practitioners responsible for implementing and monitoring the Child Protection Plan;
• Agreeing review dates which keep to timescales;
• Following up on actions and responsibilities when these have not been met;
• Ensuring that arrangements are made for any practitioner forming part of the Core Group who was not present at the child protection conference is informed about the outcome of the conference and the decisions made;
• Ensuring copies of the Child Protection Plan are sent to all participants and those invited who may not been in attendance.

If a decision is made that a child requires a protection plan to safeguard their welfare, the Chair should ensure that:

• The risks to the child are stated and what is needed to change is specified;
• A qualified local authority children's social worker is identified as a Lead social worker to develop, co-ordinate and implement the child protection plan;
• A core group is identified of family members and practitioners;
• A date is set for the first core group meeting within ten working days of the initial conference and timescales set for subsequent meetings;
• A date for the child protection review conference is set;
• The outline child protection plan is formulated and clearly understood by all concerned including the parents and, where appropriate, the child.

If the conference determines that a child does not need the specific assistance of a protection plan but does need help to promote their welfare, the Chair must ensure that:

• The conference draws up a plan where the child is in need of a social work led health and development plan;
• The conference draws up a plan where the child is in need of a health and development plan led by a paediatrician or representative from child and adolescent mental health;
• The conference considers the child’s need for a Wellbeing Early Help plan of care.

See Statutory Guidance for Levels of Need.

If an agency does not agree with a decision or recommendation they must state their dissent and reason at the Child Protection Conference, where their professional dissent will be recorded in the recorded minutes of the conference.

The professional should then follow the escalation process as soon as practicable after the conference has concluded. See Section 16, Professional Difference/Escalation.

Partnership working depends on resolving professional difference and conflict as soon as possible, where staff experience professional differences, they must follow the SPB Resolving Professional Difference/Escalation Policy.

Practitioners should also have access to regular Internal single agency safeguarding supervision.

Agencies should consider multi-agency reflective supervision where cases are complex, stuck or drifting.

Parents and, on occasion, children, may have concerns about which they wish to make representations or complain, in respect of one or more of the following aspects of the functioning of child protection conferences:

• The process of the conference;
• The outcome, in terms of the fact of and/or the category of primary concern at the time the child became the subject of a child protection plan;
• A decision for the child to become, to continue or not to become, the subject of a child protection plan.

Complaints about aspects of the functioning of conferences described above should be addressed to the conference Chair. Such complaints should be passed on to the Chair's manager in local authority children's social care and the local authority complaints manager.

Whilst a complaint is being considered, the decision made by the conference stands.

The outcome of a complaint will either be that a conference is re-convened under a different Chair, that a review conference is brought forward or that the status quo is confirmed along with a suitable explanation. Local Protocols may be in place and should be made accessible to parents and families.

Complaints about individual agencies, their performance and provision (or non-provision) of services should be responded to in accordance with the relevant agency's own complaints management process.

The Independent Reviewing Officer Service is responsible for administering child protection conferences and has clear arrangements for the organisation of Conferences including:

• Arrangements for sending out invitations to children, parents, and practitioners;
• Information leaflets for children and for parents (available in appropriate languages)

All conferences have minutes taken by a dedicated person whose sole task within the conference is to provide an accurate written record of proceedings in a consistent format.

The outline plan, signed by the conference Chair, should be sent together with the decision letter, to all those who attended or were invited to the conference, including the parents and where appropriate the child, within 5 working days of the conference. The letter should give details of conference decisions and recommendations, the name of the social worker and details about the right to complain.

The conference minute, signed by the conference Chair, should be sent to all those who attended or were invited to the conference within 10 working days of the conference. Any amendments should be received within 10 working days of receipt of record.

A copy of the conference record should be given to and discussed with the parents by the social worker within 10 working days. The conference Chair may decide that confidential material should be excluded from the parent's copy. The Conference Decision outlined in the Record of Initial Child Protection Conference should be sent to parents within 5 working days.

Where parents and / or the child/ren have a sensory need or where English is not their first language, the social worker should ensure that they receive appropriate assistance to understand and make full use of the record. A family member should not be expected to function as an interpreter of spoken or signed language (see Working with Interpreters and others with Special Communication Skills). Conference records are confidential and should not be shared with third parties without the consent of either the conference Chair or an order of the court.

In criminal proceedings the Police may reveal the existence of child protection records to the Law Offices Department, and in care proceedings the records of the conference may be revealed in the court.

The record of the decisions of the Child Protection Conference should be retained by the recipient agencies in accordance with their record retention policies.

Children’s Social Care should designate an experienced social care manager who has responsibility for:

• Ensuring that records on children who are subject of a child protection plan are kept up to date;
• Ensuring enquiries about children about whom there are concerns or who are subject of child protection plans are recorded and reviewed in the context of the child's known history;
• Managing notifications of movements of children who are subject of a child protection plan, looked after children and other relevant children moving into or out of the local authority area;
• Managing notifications of people who may pose a risk of significant harm to children who are either identified within the local authority area or have moved into the local authority area;
• Managing requests for local authority checks to be made to ensure unsuitable people are prevented from working with children. E.g. prospective child minders, foster carers etc.

Information on each child known to local authority children's social care should be kept up-to-date on the local authority's electronic record system. This information should be confidential but accessible at all times to legitimate enquirers. The details of enquirers should always be checked and recorded on the system before information is provided.

In addition, Children’s Social Care will:

• Manage notifications of people who may pose a risk of significant harm to children who are either identified within the Island or have moved onto the Island;
• Manage requests for Island/authority checks to be made to ensure unsuitable people are prevented from working with children. e.g., prospective child minders, foster carers etc.

Information on each child known to Children’s Social Care should be kept up to date on the electronic record system. This information will be always confidential but accessible to legitimate enquirers. The details of enquirers should always be checked and recorded on the system before information is provided.

The Child Protection Register (hereafter called “the Register”) is a database maintained by Independent Reviewing Officer Service which includes the names of all children in Jersey who are the subject of a formal Multi-Agency Child Protection Plan, where through attendance at Child Protection Conference they are deemed at risk of harm or significant harm due to physical abuse, sexual abuse, emotional abuse, or neglect, following Children’s Law Jersey 2002.   

The Register is confidential and only practioners who are involved with the child and family in question, the parents and child, and any member of the family or supporter who attended the conference, will know that the child’s name is on the Register.

The principal purpose of the Register is to make agencies and practitioners aware of those children who have been judged to be at continuing risk of significant harm and in need of active safeguarding. The registration of children or young people can never be a substitute for professional judgement and practice, but the Register and the Child Protection Conference processes in Jersey are central to facilitating communication between the many disciplines involved in providing Child Protection Services.

Information contained on the Child Protection Register is child’s full name, address, gender, and date of birth, date, and category of registration.

The aims of the Register are:

• To provide a record of children in Jersey who are currently the subject of inter-agency Child Protection Plans and to ensure that the plans are formally reviewed initially after 3 months (unless otherwise determined at the initial case conference) and then at least every 6 months;
• To provide a central point of enquiry for practitioners who are concerned about a child’s welfare and want to confirm whether the child is subject of a formal multi-agency Child Protection Plan;
• To give relevant details about the child and their social worker;
• Practitioners can check if children are subject of a Multi-agency Child Protection Plan by contacting the custodian of the register at the address below.

The Register is held by:

Children's Social Care Service
Liberte House
19-23 La Motte Street
St Helier
Jersey
JE2 4SY

Children and Young People (Jersey) Law 2022, the commensurate Statutory Guidance

Data Protection (Jersey) Law 2018

Discrimination (Jersey) Law 2013

Sexual Offences (Jersey) Law 2018

Useful Links

NSPCC What is Child Abuse – Types of Abuse

SPB Jersey Core Procedures and Statutory Guidance