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Death or Serious Injury to a Child (Looked After, Child In Need or Care Leaver Up to and Including the Age of 24)

Scope of this chapter

This procedure outlines the steps to be taken in the event of the death of or serious injury to a child living in the community (where there are suspicions of abuse or neglect) and the death of/serious injury to any Looked After Child (whether or not the abuse or neglect is known or suspected).

These steps are in addition to any Rapid Review or Child Safeguarding Practice Review which may be commissioned and the work of the Child Death Overview Panel.

This procedure uses the expression Designated Manager (Death or Serious Injury to a Child). This Designated Manager must also be notified in circumstances where there is a serious injury to a child. In Westmorland & Furness, the Designated Manager is the Assistant Director – Children & Young People.

Amendment

In August 2024, this chapter was updated in line with Working Together to Safeguard Children.  New Section 3, Death of a Care Leaver Up to and Including the Age of 24 was added.

August 12, 2024

Local authorities in England must notify the national Child Safeguarding Practice Review Panel (the Panel) within 5 working days of becoming aware of a serious incident.

Serious incidents which should be reported are those where the local authority knows or suspects that a child has been abused or neglected and:

  • The child dies (including suspected suicide) or is seriously harmed in the local authority's area;
  • While normally resident in the local authority's area, the child dies or is seriously harmed outside England.

The process for reporting a serious incident to the Panel via the Child Safeguarding Incident Notification System is set out in the following: Report A Serious Child Safeguarding Incident (GOV.UK). The Panel will share all notifications with Ofsted and the DfE.

The following tasks are also required:

The child's Social Worker or, if not previously known to Children's Social Care, the duty worker receiving the information will:

  1. Immediately inform their line manager;
  2. Obtain as much information as possible on the circumstances surrounding the cause of death/serious injury and pass this to the line manager.

In this circumstance, the Need to Know Policy will be used. The line manager will immediately inform the Designated Manager (Death or Serious Injury to a Child) (see Documents Library, Appendices) by telephone and provide follow up information in writing as soon as possible afterwards.

The Designated Manager (Death or Serious Injury to a Child) will:

  1. Inform the Assistant Director Children and Families and the Director of Children’s Services, who will notify members as necessary;
  2. Ascertain as full details as possible from the Police and any other source;
  3. Request his or her administrative staff to check Children's Services records on the child and family and print out any information held;
  4. Collect any files held on the child and family and secure them at his or her office;
  5. Arrange to inform relevant agencies about the death/serious injury and remind them to secure their files;
  6. Arrange to consider the circumstances of the death/serious injury, in accordance with the Cumbria Safeguarding Children Partnership Procedures, including the need to hold a Rapid Review and, where a child has died, a referral to the Child Death Overview Panel.

Local authorities should use the Child Safeguarding Incident Notification System to notify the Panel. The Panel  will share all notifications with Ofsted and the DfE. The report is submitted online and the contents entered must be reviewed by the Designated Manager before it is submitted. The form requires a range of information and is set out clearly in sections. Before you start you will need:

  • Your sign in;
  • Your phone number and email address;
  • Name of each child you are notifying;
  • Details of the incident.

A copy of the completed form should be saved and printed out for the records.

In urgent situations, the Assistant Director or Director should telephone Ofsted on 0300 123 1231 and then complete the form. E-mail mailbox.nationalreviewpanel@education.gov.uk if you have any queries.

Where a Child Safeguarding Practice Review is to be held, this must be conducted in accordance with Chapter 4 in Working Together to Safeguard Children and the Cumbria Safeguarding Children Partnership Procedures.

Where information comes to notice of the death of or serious injury to a child in care, the following tasks are required:

The child's Social Worker will:

  1. Immediately inform his or her line manager;
  2. Notify the parent(s) immediately and in person, if possible;
  3. In the event of a child's death, discuss with the parent(s) and reach agreement regarding the arrangements for the funeral (in the event of sudden, unexplained deaths arrangements for the funeral may need to be delayed);
  4. In the event of a serious injury to the child, arrange with the parent(s) to visit the child in hospital;
  5. Obtain as much information as possible on the circumstances surrounding the cause of death/serious injury and pass this to their line manager; and
  6. Discuss with the line manager any necessary expenditure including reasonable travel expenses to assist the family in attending the funeral or visiting the child in hospital where it appears there is financial hardship;
  7. Where the child was in a long term foster placement, discuss with the line manager any possible conflict between the carers and the parents regarding arrangements for the child's funeral;
  8. Identify any sibling needs in relation to funeral or bereavement responses;
  9. Maintain regular telephone or face-to-face contact (daily in initial stages) with Social Worker Fostering as determined by Childcare/Fostering planning meetings to share information and coordinate direct support contacts with carers and relevant children;
  10. Maintain frequent contact with any siblings, birth parents and carers;
  11. Meet with carers and Social Worker Fostering on frequent basis (at least in the initial stages) as guided by child care planning meetings until the role of the victim support police, other professionals e.g. GP, and other personal support of choice e.g. vicar/close friends is clear. It is recognised in the early stages this will be immediate loss and grief trauma and many immediate practicalities that may need support. A couple of weeks after the funeral the social worker should consider children's needs for counselling or other supports in the medium term and make, arrangements or recommendations to the Childcare/Fostering planning meeting as needed.

The line manager will:

  1. Immediately inform the Designated Manager (Death of a Child) by telephone and provide follow up information in writing as soon as possible afterwards;
  2. Advise Legal Services initially by telephone, then confirm details in writing; and
  3. Contact the Insurance Section of the Finance Department, initially by telephone and then in writing;
  4. Chair a “Childcare/Fostering” meeting that day (or at least within 24 working hours) between the child's Social Work Team and the Fostering Team, including the fostering manager to coordinate immediate planning and support for carers and relevant children. This will be followed by a joint visit to the carers by the childcare and fostering social workers;
  5. Record a likely timeline of events from date of death, notifications to different parties, through to funeral, death certificate issuing, and any inquest in order to plan in follow up meetings;
  6. Chair follow-up meetings (see above) at frequency to be determined as required to coordinate ongoing planning and support for carers and relevant children;
  7. Contact carers and offer to visit so the carers understand there is an offer from the line manager in addition to that of the social worker. Keep in touch with carer on a monthly basis in order to check how satisfied they are with the coordinated support arrangements;
  8. Convene meetings as and when required or in response to specific significant issues/concerns/difficulties and in advance of any up and coming inquest or pre-publication of a child safeguarding practice review (CSPR). This should include Team Manager from Childcare and Fostering, carers (where agreed between Team Managers) and others as appropriate;
  9. Review and authorise resources needed by any siblings affected, or the circumstances of the birth parents, and ensure the social worker has obtained and provided relevant information and guidance depending on the age and understanding of children and adults;
  10. The lead team manager has responsibility for reporting back to the designated manager for final authority on more complex matters.

The Designated Manager (Death or Serious Injury to a Child) (see Documents Library, Appendices) will:

  1. Inform the Director Children’s Services, who will come to a decision about whether to notify Members;
  2. Ensure that the parents' wishes concerning the funeral are discussed (by the Social Worker or the Team Manager), that any possible conflict with the wishes of the carers are also ascertained and addressed, and that any appropriate associated costs are met;
  3. Arrange, in consultation with the CSCP Partnership Manager, appropriate meetings under the Cumbria Safeguarding Children Partnership Procedures, including the need to hold a Rapid Review;
  4. Additionally, whenever a Looked After Child dies, the local authority must inform the national Child Safeguarding Practice Review Panel within 5 days using the Child Safeguarding Incident Notification System. The Panel, will share all notifications with Ofsted and the DfE. The local authority must also notify the Secretary of State and Ofsted where a Looked After Child has died, whether or not abuse or neglect is known or suspected;
  5. Receive feedback and from the lead Team Manager and Team Manager fostering as required where decisions cannot be mutually agreed and determine action as needed.

The report to the Panel is the same as the previously outlined online report above.

In the event of a Child Safeguarding Practice Review being required, the steps outlined in Section 3, Needs of Social Workers/Team/Managers/Carers should be followed.

Working Together to Safeguard Children provides that the local authority should also notify the Secretary of State for Education and Ofsted of the death of a care leaver up to and including the age of 24. This should be notified via the Child Safeguarding Online Notification System. The death of a care leaver does not require a rapid review or local child safeguarding practice review. However, safeguarding partners must consider whether the criteria for a serious incident have been met and respond accordingly, in the event the deceased care leaver was under the age of 18. If local partners think that learning can be gained from the death of a looked after child or care leaver in circumstances where those criteria do not apply, they may wish to undertake a local child safeguarding practice review.

During the implementation of this procedure consideration must be given to the needs of those staff and carers involved in the case.

The impact of a child death on Social Worker/team/manager/carer needs to be addressed in terms of:

  • The need for counselling for those involved;
  • The manner in which such support is offered;
  • The provision of access to legal and professional advice about the ongoing conduct of the case;
  • The provision of a clear explanation of the process of a Child Safeguarding Practice Review;
  • Support for staff in the event of Police investigation/interviews;
  • The need to inform and keep informed any relevant Trades Unions;
  • The need for team debriefing whilst observing confidentiality. This must be discussed with the Service Manager;
  • The need to acknowledge that a child death can impact on the productivity of any team and its ability to function; and the need to agree strategies to manage workloads.
  • Maintain regular telephone or face-to-face contact (daily initial stages) with childcare Social Worker as determined by Childcare/Fostering planning meetings to share information and coordinate direct supportive contacts with carers and relevant;
  • Maintain frequent contact with carers (daily on initial basis);
  • Meet with carers and childcare social worker on frequent regular basis (at least in the initial stages);
  • Ensure on line resources or other known helpful bereavement guides for emotional support of foster carers is made available in the early and later stage;
  • Where there is an identified need for independent emotional support specific to the role of carer as opposed to generic NHS counselling then request access to 'emotional wellbeing specialist or independent agencies like 'fostertalk' to provide talking support independent of the supervising social work role.
  • Make contact with carers in the initial stages, offer to visit, be available, keep in touch with carers so the carers understand there is an offer from the line manager in addition to that of the fostering support social worker;
  • Ensure continuity of fostering support to carers;
  • Keep in touch with the social work Team Manager on a monthly basis in order to check and adjust coordinated support arrangements as needed;
  • Ensure timely 'independent fostering emotional support' is authorised and made available in a timely way;
  • Attend arranged child care/fostering joint meetings as needed.

The Social Worker and/or the Fostering Officer as soon as they are aware of the child's death should notify Corporate Legal Services, Senior Legal Officer or Group Solicitor and Manager by email of the child's death. They will be the point of contact with the coroner and will be the point of contact with regard to any inquest.

Should any member of the Children’s Services have any queries or be contacted by the Coroner, they should immediately let legal know and they will deal with any response. They will also assist with what is required for the inquest or support staff that may be required to attend an inquest.

Managers should consider any possible publicity issues that may affect the children, carers, or reputation of the department and liaise with the designated senior manager, assistant director and a designated member of the Council Communications Team.

The designated assistant director will determine what matters can be placed in the public domain, speak with the press and resolve any disputes arising from any conflicts of interests.

Last Updated: August 12, 2024

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