APPEALS PROCEDURE –PERTAINING TO DECISIONS MADE AT A CHILD PROTECTION CASE CONFERENCE
When can a decision be appealed?
There are four circumstances in which an appeal can be made under this procedure:
- The Child Protection Policies and Procedures were not followed
- Information given at the Case Conference was incorrect, incompleteor not properly considered
- The decision toopen or close a child protection plan was incorrect based on the information shared at conference
- The category of registration is not correct
This procedure can only be used for adjudicating on one or more of the aboveissues. Any disagreement or complaint about aspects of the case management orthe ongoing delivery of services following conference will be directed to the particularagency concerned and will be investigated under the local authority’s complaints procedure or the Pan Cheshire Multi Agency Escalation Policy.
Who can appeal the decision?
- Children/young people, parents, carers or their advocates
- Any agency represented at the conference
How to access this procedure
Anyone wishing to challenge the decision of a case conference under one or more ofthe above criteria should put the request in writing to:
Cheshire West and Chester Safeguarding Children Board
All professionals should seek the approval of their direct line manager or their safeguarding lead prior to submitting the appeal.
The appeal must be received within 5 working days following the day ofconference and must detail why they believe that the decision was wrong.
While an Appeal is being considered, the decision of the Case Conference will remain in place.
How an appeal will be dealt with
On receipt of a request to appeal, the decision will be reviewed by aSenior Manager along with the Chair of the Conference. The Senior Manager will have sight of all the documentation considered at conference.
A formal response will be provided in writing to the appellant and all those who attended the conference within 5 working days. If they continue to believe that the decision was wrong they must notify the senior manager within 5 working days.
If any other attendee disagrees with the decision they must notify the Senior Manager within 5.
On receipt of any challenge the Senior Manager will notify the LSCB Business Manager to progress.
In such circumstances LSCB Business Manager will be required to convene an appeals panel made up of an independent chair and two members of the safeguarding children board.
The Chair will be a Member of the LSCB.
Prior to the panel meeting, all representatives will consider all reports and information presented at conference which will include the conferenceminutes.
The purpose of the panel is to consider all information available and eitheruphold or overturn the appeal
Outcome of the Appeal
The appellant will be notified of the panel’s decision within five working days by the
Chair of the panel or in their absence the Chair of the LSCB.
In circumstances where the panel grants the appeal the following will occur:
- A further Case Conference will be held within 15 days, with a different chairperson if appropriate.
- The Case Conference will consider the recommendations from the Appeals Panel
- The decision of that Case Conference is final and the outcome will be confirmed in writing
In those cases where the category of the plan is the only issue if upheld the category will be changed by the safeguarding children unit and partner’s informed – case conference will not be reconvened.