3.3.2 Advocacy and Independent Visitors |
AMENDMENT
This chapter was amended in January 2010 to include the contact details for the Children's Society who now provide this service in Blackpool.
This chapter was amended in June 2011 to take account of the changes made by the Care Planning, Placement and Case Review (England) Regulations 2010 and Associated Guidance, in relation to the widening of the duty to appoint an Independent Visitor.
Contents
| 1. | Advocates | |
| 2. | Independent Visitors | |
| 2.1 | When to Appoint | |
| 2.2 | Duties of Independent Visitor | |
| 2.3 | Review of Appointment | |
1. Advocates
An appointment of an advocate for a Looked After child is appropriate where a child wishes to be represented at a meeting (for example a Looked After Review) or assisted in making a complaint or bringing a matter to the attention of the care provider, the local authority or the Regulatory Authority.
Information must be provided to all Looked After Children about how they can gain access to a suitably skilled advocate by giving the names of independent organisations to the child, for example The Children's Society.
This information should be included in the Children's Guide or provided to them at any time by their social worker or Independent Reviewing Officer especially where their wishes and feelings may not be in accordance with plans being made for them.
Assistance must also be given to enable an advocate to be appointed for the child for example by approaching the independent organisation of the child's choice if requested to do so.
2. Independent Visitors
2.1 When to Appoint
An Authority looking after a child has a duty to appoint a person to be the child’s Independent Visitor where it appears to them that it would be in the child’s best interest to do so.
Note that this is much wider than the previous provisions where there were additional requirements for the appointment of an Independent Visitor that: there was infrequent communication between a child and his or her parent; or there had been no contact between a child and parent for the preceding 12 months.
The requirement to widen the duty so that the appointment of an Independent Visitor can be considered for a larger group of looked after children should be taken into account as part of the commissioning process for the recruitment of Independent Visitors.
A decision to appoint an Independent Visitor will usually be made at a child's Looked After Review except where the child is placed in secure accommodation, in which case arrangements must be made by the child’s social worker for the appointment to take place as soon as practicable after the placement.
Where an appointment is considered necessary, the child's social worker will identify a suitable person to be appointed. The Independent Visitor may be a person already known to the child and independent of the local authority who may be suitable. If not, the social worker should contact an independent advocacy service such as the National Youth Advocacy Service or Voice to identify a suitable person.
Before the appointment is made, the proposed Independent Visitor must have been checked with the Criminal Records Bureau, local Targeted Services and Probation records and have the agreement of the social worker's manager. The appointment must be confirmed in writing.
The child must be consulted about the appointment and if he or she objects, the appointment should not be made.
2.2 Duties of Independent Visitor
The Independent Visitor will have a duty to make regular visits to the child and maintain other contact, by telephone and letter as appropriate.
The main purpose of the visits and contacts will be to befriend the child and give advice and assistance as appropriate with the aim of promoting the child's development and social, emotional, educational, religious and cultural needs.
The Independent Visitor should also encourage the child to participate in decision-making.
The views of the Independent Visitor should be sought before each Looked After Review to which he or she should be invited if the child requests it.
2.3 Review of Appointment
The need to continue the appointment should be considered at the child's Looked After Reviews, and the child's wishes and feelings will be the main consideration in deciding the need for the continued appointment.
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