Contact with Parents / Adults and Siblings
SCOPE OF THIS CHAPTER
This chapter applies to arrangements for children placed in foster and residential care to have contact with their parents, anyone with Parental Responsibility who is not a parent, sibling, any relative, friend or other person connected with the child.
For arrangements for social visits and overnight stays away with friends which staff/carers may agree, see Social Visits and Overnight Stays with Friends Procedure.
For guidance regarding frequency of contact within the context of permanence, see Permanence Planning Guidance.
NOTE: The responsible authority should review this policy (in particular the issue of sibling contact) with their local Children in Care Council and other Children in Care.
AMENDMENTSection 2, Different Types of Contact was updated in August 2018 to take account of the use of mobile communication with regards to contact.
1. Approving and Planning Contact
Kent County Council believes it is important for children to maintain and develop their relationships with close family members and friends during and after family break up, provided it is safe to do so; and that it adds to the child's sense of stability and emotional well-being.
The responsible authority has a duty to endeavour to promote contact between the child and parents, siblings, anyone with Parental Responsibility who is not a parent, any relative, friend or other person connected with the child unless it is not reasonably practicable or consistent with the child's welfare. The assessment and discussions with the child will identify those people for whom it is important to maintain contact. This may include those (including a parent) with whom contact has been lost and consideration should be given as to how this could be re-established.
This should be in a manner consistent with the child's Care Plan; which, itself, must take account of any Child Protection Plan or Contact Order that may be in force. There is a presumption of continued contact between the child and their family while the child is Looked After, unless it is not reasonably practicable or consistent with the child's welfare.
Contact between children and their parents, siblings or relevant others may only be permitted if previously agreed by the social worker and should be set out in the child's Placement Plan.
The purpose of the contact and how it will be evaluated must be made clear in the Plan. Contact arrangements should be focused on, and shaped around, the child's needs. The child's welfare is the paramount consideration at all times and each child's wishes and needs for contact should be individually considered and regularly assessed and reviewed. The wishes and feelings of the child should be ascertained, wherever possible, using advocacy and communication services if necessary. For many children, relationships with family members, previous carers, friends and others are valued. Contact can be very important in helping children develop their sense of identity and understand their lives.
So far as it is reasonably practicable, the wishes and feelings of the parents and the child's carers must be ascertained before a decision about contact arrangements is made.
Both direct and indirect contact arrangements should always be clearly detailed, setting out how contact will take place, the venue, the frequency and how the arrangements will be reviewed. The use of mobile communication and social media should also be considered.
Where contact is extended as part of a plan to gradually return the child to the parents' care, the Placement with Parents Procedure should be followed.
For foster carers providing short breaks, the foster carer must maintain contact as agreed in the Short Break Plan.
Maintaining contact with siblings from both the same or different parents is reported by children to be one of their highest priorities (The Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review). It is not always possible or appropriate to place sibling groups together. Where siblings cannot be placed together it requires the active involvement of all parties to facilitate contact between them.
Independent Reviewing Officers should ensure that Child in Care Reviews consider whether contact arrangements including sibling contact in Care Plans has been implemented and that the child is happy with the contact – both its frequency and its quality. The IRO should inform the child that they can access Advocacy Services if they have a complaint.
2. Different Types of Contact
Face to face meetings and visits will generally be the best way of maintaining relationships, but other means such as letters, mobile communication, photograph exchanges etc. should be borne in mind. Responsible authorities and carers should work together to explore how electronic media can support positive relationships for children. Children should be supported to ensure they are safe online rather than this form of contact being avoided. It may be useful to encourage young people to share details of how they communicate with others (this may include mobile phones or other social networking sites, apps and consoles such as Xbox or Play Station) and an agreement reached between the young person, social worker and foster carer about how safely to do this.
How Can the Quality of Contact be Maintained?
The parents should be prepared and sign up to a contact agreement. They will need to understand the expectations, as well as the ground rules. Practical support should be provided if necessary to support them to attend contact sessions.
The timing of contact when in a carers home should be discussed and agreed in advance. Social workers must discuss the foster carers other commitments such as school runs or contact arrangements for other Children in Care. When planning contact at key celebration times such as Christmas or at a weekend awareness must be given to the carers own family particularly their birth children. There must also be guidance given on what support is available if contact does not go to plan such as the use of the Out of Hours service.
Although there are benefits, having a foster carer supervise contact for the child in their care, can be very confusing for the child. Clear guidance is needed regarding which adult will be setting the boundaries and what will happen if a child refuses to interact with their parent, preferring to stay close to their foster carer. For children with attachment difficulties this could be particularly confusing.
Foster carers should be informed by the social worker what items are needed for contact e.g. changing bag with nappies, clothes etc and what is required in terms of food/milk. Foster carers will be asked to pass on the child's routine especially for babies as to when they are next due a feed.
When contact is supervised by social workers/assistants, foster carers should facilitate the transporting of children to and from contact wherever possible. Social workers should be aware of the carers other commitments such as school runs or facilitating after school clubs for other children. Transportation of the child should be carefully planned, including who will meet them on arrival and on return, if they are not accompanied by the foster carer.
3. Supervised Contact
The need to supervise contact should be considered as part of the assessment and planning process by the social worker and his/her manager. It is the responsibility of the child's social worker to ensure that the person(s) supervising contact is appropriately skilled and experienced to do so.
The primary focus of the assessment of this issue will be the safety and welfare of the child.
If the contact arrangement forms part of a parenting assessment or is to be used as evidence in court, and it is to take place in the foster carer's home, then the foster carer must be trained on the supervision and recording of contact. Discussion with the foster carers fostering social worker within the Fostering Team will enable a decision to be made on whether the foster carer has the skills needed to record observations within a contact session.It is important that there is a Risk Assessment, and a Contact Agreement is completed prior to contact taking place.
This assessment must take account of all factors that could impact on the success of supervised contact and relevant safeguards including:
- Any history of abuse or threats of abuse to the child, carers, staff or others;
- Previous threats to disrupt contact or failure to cooperate with conditions agreed for supervised contact;
- Previous incidents or threats of abduction;
- Previous incidents of coercion or inappropriate behaviour during contact;
- The transient or unsettled lifestyle of the parents;
- The child's behaviour and needs, including medical needs.
Where any of the above features in the Risk Assessment, and supervised contact is to continue, the Risk Assessment must state the specific measures to be put in place to minimise risks. The assessment must then be approved and signed by the social worker's team manager.
Where supervised contact takes place, the detailed arrangements for the supervision must be set out in the Placement Plan.
In addition, the Contact Agreement with the parents and other relevant parties regarding having supervised contact, should be signed by them, stating clearly any specific conditions relating to the contact and any expectations placed on them:
- The agreement should be clear about where the contact must take place and whether any flexibility is allowed for activity or movements within or away from the agreed location;
- It should be clear about whether the person(s) having contact are permitted to give the child food, drinks, gifts or money during contact;
- It should be clear that mobile phone use is not permitted during contact. If photographs are permitted, it should be agreed what device they are taken on and if there is a limit to the number that can be taken during the contact session;
- It should state clearly the circumstances in which contact will be terminated;
- The Contact Agreement should state the adults who will be allowed to attend for supervised contact and supervisors should be asked to apply that strictly;
- Particular attention should be given to when and how visits are ended. It may be more appropriate that all "goodbyes" take place indoors with the visitors asked to leave before supervisors return children to their placements or carers;
- Significant changes to Care Plans, court proceedings and/or decisions made about the frequency of future contact are all likely to be potential tension points so extra vigilance should apply at any contacts arranged around these times.
The staff/carers and any other person involved in the supervision of the contact should have copies of the Placement Plan and the agreement with the parents.
Where possible, those supervising the contact should be known to the child and the family before the supervised contact takes place.
In the event of problems emerging, the supervisors must be clear who to contact and what details they will need to share.
The supervisor's observations of the contact must be clearly recorded in the child's record and shared with the parents.
The supervisor must immediately report to the social worker any concerns about the child or parents' conduct during the contact. The social worker in consultation with his/her manager should consider the need to review the risk assessment and/or the contact arrangements in light of the concerns expressed.
4. Review of Contact Arrangements
The social worker and his/her manager should keep contact arrangements, including the continuing need for supervision, under regular review.
The risk assessment in relation to the arrangements for supervising contact must be reviewed at least every six months, or sooner if any incident or report identifies concerns.
Where the child is the subject of a Child Protection Plan, the contact arrangements should also be reviewed as required in the Child Protection Plan.
Any significant reactions that the child has to contact should be reported to the child's social worker by those observing contact arrangements, for example foster carers, residential staff and/or supervisors of contact.
The contact arrangements should also be reviewed in any Placement Planning Meeting and at the child's Looked After Review.
Where a Contact Order is in force and it is considered that the contact arrangements set out in the Order should be altered, the agreement of the child and the parents should be sought and legal advice should be obtained as to the need to seek a variation of the Court Order.
5. Contact in the Foster Carers Home/Contact Centre
When considering contact in the foster carers home the following should be given consideration:
- Is enough currently known about the birth family, and their response to removal of the children to ensure contact will be safe. Until an assessment is concluded contact will have to take place in a contact centre;
- Does the parent or relative pose any risk to the foster carers or children within the placement? Where there is a history of aggression, whether physical or verbal the foster carers should not be expected to manage this risk within their own home. The foster home needs to be a safe place for the child and exposing them to aggression or the risk of further abuse in this environment will be extremely damaging to them;
- Can the foster carer give the child adequate support and supervision, if there are other children to care for, or other demands on their time? Can a second person be on hand to assist?
- Who else is being cared for within the foster carers home? Where other Children in Care are in placement consideration needs to be given to confidentiality and the impact upon them of another child's parents coming into their home environment;
- If the foster carer has other children in the household, consideration must be given to the timing of contact and the impact it may have on the household? For example, if contact is to be after school and the foster carers home has only one living area, where will other children play/do homework/have tea whilst contact is taking place?
When foster carers are involved in contact arrangements in contact centres, social workers/assistants should be aware of any risks to the foster carer and ensure that they are safely out of the contact venue, giving consideration to staggered leaving times for the parents and foster carers to ensure the carers are not followed. Goodbyes for children should be done in the contact venue and never within car park areas or when trying to get children into the car.
Social workers should be prepared to seek to end contact with abusive family members to safeguard the child.
The impact of the setting on the child and on the parent needs to be considered i.e. is it appropriate to the child's age and needs; the parents' and child's culture; the parents level of understanding?
- Is the environment welcoming and comfortable to children and adults?
- Is the environment culturally sensitive?
- Is outdoor and indoors play equipment available?
- Who is the best person to communicate with the child about contact, and to listen to any worries afterwards?
- What arrangements are made if contact has to be cancelled due to parent, escort or supervisor not being present?
- How will cancellation of contact be explained to the child, and their carer?
- Is the contact supervisor able to contain and diffuse bad feelings or troubling behaviours (Re: L, Court of Appeal in Slade 2002)?
- Does the contact enable the child to resolve issues with the parent, or for the parent to apologise? (Re: L, Court of Appeal in Slade 2002)?
6. Cancellation, Suspension or Termination of Contact
Contact should never be cancelled unless there is a very good reason, e.g. it is deemed that it would not be safe for it to take place or the child / adult / sibling attending is too unwell for it to take place. Contact should take place in accordance with the child's Placement Plan, Court Order and any Court Directions.
Wherever possible, the staff/carer should consult the child's social worker in advance if they consider there is a good reason to cancel the contact.
If contact is cancelled, the social worker or, if the social worker is not available, the staff/carer must ensure that the child and, as far as practicable, the parent or relevant adult is informed in advance and that the reason for the decision is explained. The social worker or staff/carer should arrange an alternative contact.
If contact does not take place and consultation has not been possible with the social worker, the staff/carer must inform the child's social worker as soon as possible and confirm in writing the decision to cancel and the reason.
N.B. Contact arrangements must not be withdrawn as a sanction imposed on a child.
Emergency restrictions on contact can only be made to protect the child from significant risk and must be notified to the Placing Authority (child's social worker) within 24 hours.
6.1 Suspending or Terminating Contact
Any proposal to suspend or terminate the contact should be considered as part of the child's Looked After Review, unless the circumstances require an urgent decision to be made, in which case the social worker must be consulted and legal advice should be obtained.
Any such proposal should be made in the context of the overall aims and objectives of the Care Plan.
Even where it is not possible to hold a Child in Care Review because of the urgency of the situation, the reasons for the proposal must be explained to the parents and to the child, and their agreement obtained if possible.
Where the proposal is to suspend the contact, the length and purpose of the suspension together with the basis upon which contact will be reinstated must be made clear.
Where the child is the subject of an Emergency Protection Order, Interim Care Order or full Care Order, an application to the Court for authority to terminate the contact will always be necessary if contact is to be suspended for more than 7 days. As soon as such a decision is made, Legal Services should be contacted as a matter of urgency so that the necessary court action can be initiated.
Written confirmation of the decision made and, where relevant, the intended court application, together with the reasons, must be sent to the parents/relevant parties, child (depending on age) and any other relevant person (for example the child's advocate, an Independent Visitor or Children's Guardian). Staff/carers and other agencies involved with the child's care must also be informed.