Meeting documents

Cabinet
Wednesday, 8th February, 2006

Bath & North East Somerset Council

MEETING:

Council Executive

DATE:

8 February 2006

PAPER NUMBER

19

TITLE:

Establishment of the Local Safeguarding Children Board for Bath and North East Somerset

EXECUTIVE FORWARD PLAN REFERENCE:

   

EWP

01174

CF

WARD:

All

AN OPEN PUBLIC ITEM

List of attachments to this report: None

1 THE ISSUE

1.1 This report details plans for the establishment of the Local Safeguarding Children Board for Bath and North East Somerset in accordance with the Children Act 2004

2 RECOMMENDATION

2.1 That the Council Executive approves plans for the establishment of the Local Safeguarding Children Board for Bath and North East Somerset and that this is introduced by 1st April 2006 to replace the Area Child Protection Committee.

2.2 That the Council Executive asks the Chair of the Local Safeguarding Children's Board to report on the effectiveness of these arrangements.

3 FINANCIAL IMPLICATIONS

3.1 There are no direct financial implications arising from this Report. The Council already makes a financial contribution to funding the Area Child Protection Committee (which will be replaced by the Local Safeguarding Children's Board) and this level of contribution (plus an annual inflation allowance) will be maintained to fund the Local Safeguarding Children's Board. The contribution for 2005/06 was £57K plus £20K for inter-agency child protection training.

3.2 The national guidance for the establishment of Local Safeguarding Children Boards states that they need to be supported by their member organisations with adequate and reliable resource. Further, that the budget for the Local Safeguarding Children Board and the contribution made by each member organisation should be agreed locally. The core contributions should be provided by the Responsible Local Authority, the Primary Care Trust and the Police. The Council is currently negotiating these contributions with the expectation that they, at least, match the contributions made in 2005/06. Contributions in kind are also made by these core contributors and other member agencies. All agencies have a duty to cooperate to safeguard and promote the welfare of children (Section 11 of The Children Act 2004).

3.3 The establishment of the Local Safeguarding Children Board will be achieved within existing resources.

4 THE REPORT

4.1 The Council has duties under the Children Act 1989 to provide services to families and children in need, including those in need of protection, and for looked after children. These duties are primarily undertaken by the Social Services who work in partnership with other Council Services, statutory agencies and voluntary organisations to identify, assess and provide services to children in need in Bath and North East Somerset.

4.2 Local Authorities, in exercising their Social Services functions, have been required to ensure that there is an Area Child Protection Committee (ACPC) covering their area, which brings together representatives of each of the main agencies and professionals responsible for helping them to protect children from abuse and neglect. The ACPC has been the inter-agency forum for agreeing how the different services and professional groups should cooperate to safeguard children in that area, and for making sure that arrangements work effectively to bring about good outcomes for children.

4.3 The ACPC for Bath and North East Somerset was established in April 1996 and developed into an effective and dynamic forum which provided a clear direction for child protection work across the Authority. Since 2000 it has produced annual Business Plans and work programmes and held stakeholders forums. The effectiveness of its partnership working has been recognized within inspections by the Social Services Inspectorate and the Commission for Social Care Inspection.

4.4 The Victoria Climbie Inquiry Report was critical of the work of the ACPC involved, and made recommendations about future arrangements and accountabilities. Further, the Joint Chief Inspectors Report into Arrangements for Safeguarding Children (which inspected a number of ACPCs across the country) was critical of the commitment to and effectiveness of some ACPCs. The Green Paper, Every Child Matters responded by proposing the establishment of Local Safeguarding Children Boards (LSCBs) : placing a clear emphasis on early intervention and protection, and within the development of the 5 outcomes for children and young people a specific outcome that they should 'Stay Safe'.

4.5 The Establishment of LSCBs was enshrined within the Children Act 2004 and all Local Authorities are required to have an LSCB in place by 1st April 2006. Although LSCBs were not placed on a statutory footing, as initially mooted, the Children Act included a duty for all agencies to co-operate to safeguard and promote the welfare of children and young people (section 11). This duty underpins the development of LSCBs.

4.6 Safeguarding and promoting the welfare of children is defined in the revised

national guidance as:

· Protecting children from maltreatment

· Preventing impairment of children's health or development

· Ensuring that children are growing up in circumstances consistent with the

provision of safe and effective care.



.... and undertaking that role so as to enable those children to have optimum life

chances and enter adulthood successfully.

4.7 The LSCB and its activities are part of the wider context of children's trust arrangements. The work of the LSCB contributes to the wider goals of improving the well being of all children. Within the wider governance arrangements its role is to ensure the effectiveness of the arrangements made by individual agencies and the wider partnership to safeguard and promote the welfare of children.

4.8 Throughout 2005, the Government has signposted its expectations of LSCB's and has been revising its national guidance "Working Together to Safeguard Children" to reflect these - this revised national guidance is due for publication shortly. The LSCB will be key mechanism for agreeing how the relevant organisations in each local area will cooperate to safeguard and promote the welfare of children in that locality, and for ensuring the effectiveness of what they do. The work of the LSCB will fit within the wider context of children's trust arrangements that aim to improve the overall well-being (ie. The 5 outcomes) for all children in the local area, but must have a particular focus on aspects of the 'Staying Safe' outcome.

4.9 The core objectives of the LSCB are set out in section 14 (1) of the Children Act 2004 as follows:-

· to coordinate what is done by each person or body represented on the Board for the purpose of safeguarding and promoting the welfare of children in the area of the authority : and,

· to ensure the effectiveness of what is done by each such person or body for that purpose.

4.10 The revised national guidance will provide direction about the scope of the LSCB's role, defining these in three broad areas of activity:-

· Activity that affects all children and aims to prevent maltreatment, or impairment of health or development, and ensure children are growing up in circumstances consistent with safe and effective care.

· Proactive work that aims to target particular groups.

· Reactive work to protect children who are suffering or at risk of suffering maltreatment.

4.11 The revised national guidance also confirms that whilst the LSCB has a role in coordinating and ensuring the effectiveness of local individuals' and organisations' work to safeguard and promote the welfare of children, it is not accountable for their operational work. Each Board partner retains their own existing lines of accountability for safeguarding and promoting the welfare of children by their services. The LSCB does not have a power to direct other organisations. The LSCB should advise the Local Authority and Board partners on ways to improve. Where there are concerns about the work of partners and these cannot be addressed locally, the Chair of the LSCB should report these to the most senior individual in the partner organisation, to the relevant inspectorate, and, if necessary, to the relevant Government Department.

4.12 The revised national guidance provides clear direction about the set up and operation of the LSCB, specifically:-

4.12.1 The core functions of the LSCB.

4.12.2 The independence of the LSCB - it must have a clear and distinct identity within local children's trust governance arrangements and should not be an operational sub-committee of the children's trust board. The LSCB is a formal consultee during the development of the Children and Young People's Plan.

4.12.3 Chairing arrangements - it is the responsibility of the Local Authority, after consultation with the Board Partners, to appoint the Chair.

4.12.4 Membership - members will need to be the people with a strategic role in relation to safeguarding and promoting welfare of children within their organisation,. They should be able to:-

· speak for their organisation with authority.

· commit their organisation on policy and practice matters.

· hold their organisation to account.

Core members for the LSCB are identified and the Local Authority should also secure the involvement of other relevant local organisations and the LSCB should make appropriate arrangements at a strategic management level to involve others in its work as needed.

4.12.5 Financing and staffing - to function effectively LSCB's need to be supported by their member organisations which adequate and reliable resource (see 3.1 above).

4.12.6 Planning - the LSCB should have a clear work programme, including measurable objectives, and a budget. The LSCB's own activities should ordinarily be part of the overall Children and Young People's Plan. this will enable the LSCB's work to be scrutinised by the Local Authority, by other local partners, and by other key stakeholders as well as by the inspectorates.

4.12.7 Inspection - the local inspection framework will play an important role in reinforcing the on-going monitoring work of the LSCB. The Joint Area Review process will take place every three years, and the Annual Performance Assessment will look at the contribution made by Local Authorities to the outcomes for children.

4.13 Bath and North East Somerset's ACPC anticipated these expectations for LSCB's and a significant part of its work programme for 2005/06 was designed, and implemented, to effect the transition to and establishment of the Local Safeguarding Children's Board by 1st April 2006. Work has been progressed across all partner organisations, links made with existing and new stakeholders, briefings provided for the Change for Children Steering Group and the Integration Project Board, and the Annual Stakeholders Forum (December 2005) was used to involve all stakeholders (including local parents and children and young people) in discussions about the remit and scope of the work of the LSCB and its first Business Plan and work programme. An extraordinary meeting of the ACPC was held on 10th January 2006 to review progress with this work, to consider proposals with this work, to consider proposals from stakeholders, and to make recommendations about the LSCB for Bath and North East Somerset.

4.14 The Local Safeguarding Children Board for Bath and North East Somerset.

These plans are based upon the national guidance outlined above, the work undertaken by Bath and North East Somerset's ACPC, and the clear national direction that LSCB's should build upon sound and effective existing ACPCs.

4.14.1 To introduce a Local Safeguarding Children Board for Bath and North East Somerset from 1st April 2006.

4.14.2 The remit of the LSCB will cover the five aims within the Staying Safe Outcome, namely : safe from maltreatment, neglect violence and sexual exploitation : safe from accidental injury and health : safe from bullying and discrimination : safe from crime and anti social behaviour : and have security, stability and are cared for. The LSCB had identified lead groups for each aim, will influence and monitor their work and hold them to account for delivering these aims.

4.14.3 The LSCB will be chaired by the Director of Children's Services (DCS) providing that person is not chair of the children's trust arrangements;

or delegated to a member of the Board.

4.14.3 The Lead Member for Children's Services will have a particular focus on how the Local Authority is fulfilling its responsibilities to safeguard and promote the welfare of children and will hold the DCS to account for the work of the LSCB.

4.14.4 The core members of the LSCB will be those who are designed as statutory members under section 13 (3) of the Children Act 2004, namely:-
the Council (Children and Families Services and Education Services) : the Police : the Probation Service : the Youth Offending Team : the Strategic Health Authority : Bath and North East Somerset Primary Care Trust : Royal United Hospital NHS Trust : Avon and Wiltshire Partnership NHS Trust : The Royal National Hospital for Rheumatic Diseases NHS Trust : the Connexions Service : CAFCASS (Children and Family Courts Advisory and Support Services). Further, the Council's Adult Social Services, a national voluntary organisation with experience in this area of work (Barnardos) and the local voluntary sector will be represented. The Community Safety Partnership and the Fire and Ambulance Services will be invited to join the LSCB. Additionally, a designated doctor and nurse will provide appropriate expertise and advice to the Board.

4.14.6 The LSCB will also secure the involvement in its work of faith groups, state and independent schools, Further Education Colleges, children's centres, GPs, independent healthcare organisations, the Partnership against Domestic Violence and Abuse, housing Culture and Leisure Services, Housing providers, Drug Action Teams, and representative of children, young people and parents via existing networks and forums, including an annual stakeholders forum.

4.14.7 Members of the LSCB will have a clear written statement of their roles and responsibilities. A written constitution for the LSCB and service level agreements between the LSCB, agencies and other partnerships will be established.

4.14.8 Building upon existing sub groups of the ACPC, sub groups of the LSCB will be established with a focus upon staff training (Training Management Group) and upon quality assurance, policy and procedures (Safeguarding Children Sub-Committee).

4.14.9 The LSCB will be funded by core contributions from the Local Authority, the Police and Primary Care Trust and additional contributions from the Probation Service and CAFCASS. All Members will make contributions in kind to ensure that the LSCB and its work is suitably resourced.

4.14.10 The LSCB will meet quarterly and will be accountable to the Director of Children's Services, who will be held to account by the Lead Member for Children's Services. An Annual Report and Business Plan will be compiled and submitted to the Lead Member and the Integration Project Board/Children trust arrangements.

5 RISK MANAGEMENT

A risk assessment related to the issue and recommendations has been undertaken, in compliance with the Council's decision making risk management guidance.

6 RATIONALE

6.1 The Council is required by the Children Act 2004 to have a Local Safeguarding Children's Board in place, and operational, from 1st April 2006. The Council and its partners can build upon the strong and effective arrangements already in place for its Area Child Protection Committee.

7 OTHER OPTIONS CONSIDERED

7.1 None. The Council is required by the Children Act 2004 to have introduced a Local Safeguarding Children's Board in place, and operational, from 1st April 2006. The Council and its partners can build upon the strong and effective arrangements already in place for its Area Child Protection Committee.

8 CONSULTATION

8.1 Staff across Children and Families Services, other Council Services and partner agencies have bee consulted about the development of the LSCB.

8.2 The Annual Stakeholders Forum in December 2005 was used exclusively to involve stakeholders from across the Authority, including parents and young people, in discussions.

8.3 An extraordinary meeting of the ACPC was held on 10th January 2006.

8.4 Reports have been presented to the Change for Children Steering Group and the Integration Project Board.

8.5 A copy of this Report was sent to the Trades Union on 30th January 2006 for information.

Contact person

Maurice Lindsay - 01225 396289
Maurice_Lindsay@bathnes.gov.uk

Background papers