Appeals Procedure

Child Protection Plans

1Professional Dissent

1.1The Chair of a Child Protection Conference has a responsibility to ensure that the criteria for implementing the Child Protection Plan and removal of the plan are consistently applied.

1.2If the Chair is of the opinion that a Child Protection Conference is heading towards a wrong decision about whether to put in place a child protection plan, or when deciding if an existing child protection plan should end or continue, they will advise the Conference accordingly.

1.3In certain cases, it will be a matter of opinion about whether the criteria are met. If the Conference is split about a decision after having considered the criteria, the Chair should then make a decision which in their opinion is in line with the criteria. Any individual reservations or disagreements need to be recorded in the minutes.

1.4Having had the disagreement noted in the minutes, a professional may continue to disagree about the decision of the Conference to the extent that they wish to disassociate themselves with the decision and formally dissent. In these circumstances the Chair should inform them of the procedures for professional dissension and be certain whether or not they are formally dissenting.

1.5If, in the Chair’s opinion, the Child Protection Conference has made a decision about implementing a Child Protection Plan, not meeting the Child Protection Plan criteria or the removal of a Child Protection Plan, they should advise the Conference members of this and also record it in the Minutes.

1.6A professional dissent is usually based on a matter where a professional strongly disagrees with a decision of a Child Protection Conference. The disagreement must be profound enough for the professional to wish to disassociate themselves from the consensus view of the Conference and have their dissension formally recorded. The grounds for such an appeal are:-

  • The criteria for a Child Protection Plan were not met.
  • Facts, available now, which were not known at the time of the original Child Protection Plan and that these facts invalidate the original decision to put a Child Protection Plan in place.
  • The information considered as having a bearing on the agreement of a Child Protection Plan has proved subsequently to be inaccurate.
  • The procedures were not followed accurately.

1.7If at the meeting a professional feels they may wish to dissent but wishes to discuss it with their manager they will have 3 working days to advise the Conference chair of that decision. If a dissension does occur, the Chair of the Child Protection Conference will immediately refer the matter to the Service Manager Safeguarding Children / Team Manager for Safeguarding and Review who will consider convening a Dissension Panel. This decision needs to be taken within fifteen working days of the Conference.

1.8If a child is already subject to a Child Protection Plan and there is a dissension, the Child Protection Plan will continue, pending the decision of the Dissension Panel.

1.9When a dissension occurs, a key worker should be nominated and any support and monitoring required to keep the child safe will occur. If necessary, decisions regarding the Core Group, recommendations for the Child Protection Plan and a review Conference date will be agreed between the Conference Chair and the relevant Social Work Team Manager.

1.10The Conference Chair will ensure that those persons who have received an invitation to the Conference be notified of these decisions.

1.11It will be the responsibility of the Service Manager Safeguarding Children to ensure that the minutes of the meeting are promptly checked and corrected and that the decision is made within fifteen working days and, where appropriate, a Panel of the sub-group will be arranged.

1.12(Please see separate guidelines to implement the Dissension Panel process).

2Appeals by Parents/Carers against the Child Protection Conference decision

2.1The Appeal Process

2.1.1The parent or carer should telephone or write to the Safeguarding Children Service Manager, Rock Street Centre, Rock Street, Oldham, OL1 3UJ, telephone 0161 770 8080, explaining the reason for their appeal within fifteen working days of the Initial Child Protection Conference or the Review Conference, which made the decision against which they wish to appeal. If new evidence becomes available after this date, consideration will be given to accepting an appeal later. This decision is at the discretion of the Service Manager Safeguarding.

2.1.2The Service Manager Safeguarding Children will decide whether there are grounds for appeal. If so, a meeting of the Appeals Panel will be convened at a time and date that is suitable for the parents/carers to attend.

2.1.3Where there are no grounds for an appeal, the Service Manager Safeguarding will advise the parent/carer in writing of that decision within fifteen working days of receiving the appeal.

2.1.4If it is agreed that there are sufficient grounds, the appeal will be heard within twenty working days by a panel of five people from a nominated list. People asked to sit on the Panel must not have attended the relevant Initial Child Protection Conference or Review Conference, which prompted the appeal. It is preferable that they should have no previous involvement (directly) with the family. The Appeal Panel will normally be made up of representatives of the main LSCB body in Oldham.

2.1.5The membership of the Panel will be agreed by the Service Manager Safeguarding preferably Service Manager for Social Work and above. They will have the authority to invite professionals from other agencies when specialist advice is required.

2.1.6The parent/carer will be informed in writing, by the Safeguarding Service Manager whether or not an appeal has been agreed and the date on which it will be heard. He or she will be invited to attend to explain verbally his or her reasons for lodging the appeal and to make further representations if they so wish.

2.1.7The parent or carer is welcome to bring a supporter to the Panel Meeting.

2.1.8The Appeal Panel may request the attendance of the Child Protection Conference or Review Conference Chair Person to clarify any points.

2.1.9The Panel will make its decision on the basis of the parents or carers submissions, the minutes of any relevant Case Conference or Review Conferences and any information given by the Chair Person.

2.1.10After the parents have stated their reasons why they think an appeal is necessary, they will then be asked to leave the meeting.

2.1.11The Panel will then decide and the Panel’s decision will be final.

2.1.12The Chair or the Panel will write to the Service Manager, Safeguarding advising them of the decision.

2.1.13The Chair of the Panel will also write to the parent/carer advising them of the decision.

2.1.14There is no appeal above this Panel.

2.1.15Both the above decisions will have to be communicated by the Chair of the Panel within seven working days of the Panel meeting.

3Complaints about the Conduct of a Professional at a Child Protection Conference.

3.1General and not specific to the Chair

3.1.1Any complaints about the conduct of a professional at a Child Protection Conferences should be taken up with their agency and should be responded to in accordance with the relevant agency’s complaint handling process.

3.2Complaints Regarding The Functioning of a Child Protection Conference

3.2.1There may be occasions when a participant at a Child Protection Conference is dissatisfied with the way in which the meeting functioned (as distinct from disagreement with the Conference decision or having a complaint about the conduct of another participant). The following procedure will apply in these circumstances.

3.2.2Any person who has a complaint about the functioning of a Child Protection Conference should notify the Service Manager for Safeguarding within fifteen working days of the conference. The initial complaint may be by telephone, but the agreed details will need to be recorded in writing and signed.

3.2.3The Safeguarding Children Service Manager will attempt to resolve the complaint, but in any event might invite the complainant to a face to face meeting. This will be to record whether the complaint has been resolved to the satisfaction of the complainant or not, and to agree the wording of the written record and for it to be signed.

3.2.4If the Safeguarding Children Service Manager is unable to resolve the complaint, or the complainant is dissatisfied with the outcome, the matter will be referred to the Complaints Panel. The timescale for this process will be within twenty working days of the meeting between the complainant and the Service Manager.

4Appeals, Dissent and Complaints Panel

4.1The purpose of the Panel is to clarify how Child Protection Conference decisions were determined, following:

  • An appeal by a parent/carer regarding the decision of a Conference.
  • A professional dissension regarding the decision of a Conference.
  • A complaint about the functioning of a Conference.

4.2The Panel will be made up of a collection of people who are independent of the case and who have had no involvement with the original Child Protection Conference in question.

4.3The Panel will be multi disciplinary and its members should be professionals who have experience and expertise in child protection work. In normal circumstances, the Panel will be made up from LSCB Membership.

4.4The Service Manager, Safeguarding Children will be responsible for convening and chairing the Panel. A member of the Executive Committee of the Local Safeguarding Children Board will chair the Panel.

4.5The Panel should meet within ten working days of being notified.

4.6The Panel will discuss/decide an appeal, or dissension regarding the decision of the Conference taking into account:

  • The requirements of the Child Protection Procedures, including the criteria for implementing a Child Protection Plan or for the removal of a Child Protection Plan.
  • The relevant Conference minutes and reports.
  • Any other relevant reports, documents or information that the Conference and Reviewing Manager decides should be submitted.
  • Any verbal or written information given by the parents/carers to support their appeal.

4.7The Panel will decide whether or not to change the decision of the Conference regarding the Child Protection Plan. It may also be necessary for the Panel to make other recommendations.

4.8The Panel will hear a complaint regarding the functioning of the Conference taking into account:-

  • Whether the relevant inter-agency protocols and procedures, including Child Protection procedures, have been observed correctly.
  • Whether the complaint is reasonable.

4.9The Panel will decide whether or not the complaint is substantiated and what recommendations be made.

4.10If the Panel cannot reach a majority decision, the Chair will have the casting vote to make the final decision.

4.11The Panel will normally be made up of five members of the LSCB.

4.12It will be the responsibility of the Service Manager Safeguarding Children to ensure that the minutes of the Panel Meeting are distributed to all those invited to the original Child Protection Conference.

Page 1 of 6Appeals Procedure17 April 2012