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Short Breaks

Children may be provided with short breaks under the following arrangements:

Situation 1 - Under Short Break arrangements, in which case they are not a Child in Care, and there is no requirement to appoint an Independent Reviewing Officer (IRO). A Child in Need Plan is required. Reviews should be carried out at least every 6 months and more often if required; or

Situation 2 - Under the Children (Guernsey and Alderney) Law 2008, Section 25 Voluntary Accommodation , with short breaks of not more than 17 days each in the same setting (where the total number of placement days does not exceed 75 in any 12-month period). In these circumstances, the child is a Child in Care, an IRO must be appointed, and a Short Break Care Plan drawn up and/or families have limited resources to support a child whilst the child is away and may not be able to fully exercise their Parental Responsibility. (See Section 2, Determining the Nature and Status of the Short Break - Assessment of Needs). The Child in Care arrangements are modified so that Child in Care Reviews s (see Section 5, Reviews below) and Social Work Visits (see Section 6, Social Work Visits  below) are less frequent and the short breaks are treated as a single placement; or

Situation 3 - Under the Children (Guernsey and Alderney) Law 2008, Section 25 Voluntary Accommodation, where the short breaks exceed a total of 17 days per placement/75 days per 12-month period and/or take place in more than one setting. In these circumstances, the child a Child In Care , an IRO must be appointed and a Care Plan drawn up. The Child in Care Arrangements apply in full, including the provisions on frequency of Child in Care  Reviews (see Section 5, Reviews below) and Social Work Visits (see Section 6, Social Work Visits below).

In situations 1 and 2, the requirements which usually apply to Children in Care in respect of health assessments and reports, and notification of placements, do not apply.

The basis on which short break services are provided should be clear. The decision to provide a short break under Short Break Arrangements 7 or under the Children (Guernsey and Alderney) Law 2008 Voluntary Accommodation Section25 should be informed by the assessment of the child's needs and should take account of parenting capacity and wider family and environmental factors, the wishes and feelings of the child and his/her parents and the nature of the service to be provided.

The key question to ask in deciding whether to provide the short break provision under child in need Short Breaks or Voluntary Accommodation under Section 25 is how to promote and safeguard the welfare of the child most effectively.

Before making, and when reviewing, a decision about whether to provide child in need short breaks or Voluntary Accommodation under section 25 of the Children (Guernsey and Alderney) Law 2008 there should be a careful assessment of the child and family's needs that addresses:

  • Particular vulnerabilities of the child, including communication method;
  • Parenting capacity of the parents within their family and environmental context, taking into account any assessments undertaken on family members as carers.
  • The length of time away from home and the frequency of such stays - the less time the child spends away from home, the more likely it is to be appropriate to provide the accommodation under short break arrangements;
  • Whether short breaks are to be provided in more than one place - where the child has substantial packages of short breaks in different settings, it is more likely to be provided under Voluntary Accommodation, Section 25;
  • Potential impact on the child's place in the family and on primary attachments;
  • Observation of the child (especially children who do not communicate verbally) during or immediately after the break by a person familiar with the mood and behaviour of the child (e.g. parents or school staff);
  • Views of the child and parents - some children and parents may be reassured by and in favour of the status of a Child in Care, while others may resent the implications and associations of the 'child in care' status. The child may benefit from having access to advocacy;
  • Extent of contact between short break carers and family and between the child and family during the placement;
  • Distance from home; and
  • The need for an Independent Reviewing Officer (IRO) to monitor the child's case and to chair reviews.

It is more likely that the arrangements come within Section 25  where families have limited resources and may have difficulties providing support to their child while s/he is away from home or monitoring the quality of care.

In many situations, the child’s Assessment maybe a brief assessment where the trigger for assessment is a request for a short break and this is for relatively low levels of short break provision so that it would fall within the Child in Need criteria. (See Section 2, Determining the Nature and Status of the Short Break - Assessment of Needs).

Nevertheless, sufficient information will be required to ensure key information about the child is identified; the reason for the short break; contact and communication details of the person with Parental Responsibility and their ability to monitor the placement whilst the child is there; the child’s health and medical details and provision of urgent medical attention (if required); the child’s routines, likes, dislikes and current arrangements for the child, (e.g. School) together with behavioural issues and how these are usually dealt with by the family. There should be opportunities for the short break carer and parent and child to meet and discuss the child’s personality, routines, etc.

This information and the arrangements should be reflected in a Child in Need Plan (see Section 4, Plans) together with the child’s understanding and views of them going into a Short Break situation and the caring arrangements to be provided by the Short Term Break carer.

Where the child is to be Voluntarily Accommodated under Section 25, the relevant Accommodation papers and ‘Consent' details should be completed. A Care and Placement Plan should reflect the arrangements required. (See Section 4.2 Child in Care Short Break Care Plan).

Where the child’s circumstances are more complex because of their social and /or health needs and they are receiving substantial levels of short break support (possibly in different placements), they will be Voluntary Accommodated under Section 25; a more comprehensive Assessment will be required and should include a multi-agency approach.

Care and Placement Plans should be fully completed and recorded and include Consent, Health, Education and Contact Plans.

Where children become Children in Care the Independent Reviewing Officer should be advised and appropriate arrangements made for a review, if this provision applies, (see Section 5, Reviews).

This is applicable where short breaks are provided under child in need short breaks.

The Child in Need Plan should be in writing and set out clearly all the services that are to be provided to meet the child's needs. Many families with disabled children receive a range of services to meet their child's needs. Wherever possible there should be a single plan which includes the full range of family support services on a multi-agency basis. The plan will show how the short break will meet the needs of the child and family identified in the assessment. It will:

  • Have clear and realistic objectives;
  • Include the ascertainable wishes and feelings of the child and views of the family. The child may benefit from having access to advocacy;
  • State the nature and frequency of services, as far as is practicable, including health and social care in the same plan, especially if short breaks are provided from different agencies;
  • State the child's health, emotional and behavioural development including full details about any disabilities and clinical needs the child may have and medications they may require;
  • State the child's specific communication needs, especially for children who communicate non-verbally, and include the child's likes and dislikes with particular regard to leisure activities;
  • Include the results of all necessary risk assessments which could include, depending on the child's impairment, moving and handling, invasive procedures, and behaviour;
  • State contact arrangements for emergencies;
  • State commitments of professionals involved;
  • Refer to or summarise any other important documents about the child's development;
  • Outline arrangements to review the plan.

The plan should include all the information necessary to ensure the welfare of the child in the short break. Much information may already be available from a variety of sources including the parent-held child record. The plan should be made available as necessary in accessible formats.

This is applicable where short breaks are provided under the Children (Guernsey and Alderney) Law 2008 section 25 voluntary accommodation.

Where, following assessment, it is agreed with the family that the child should be a Child in Care under section 25, there will be additional requirements about planning and review. In this situation, the information compiled for the Child in Need Plan (as set out in 4.1 above) will form the basis for the Short Break Care Plan required when a child is in care under section 25.

In Situation 3, the Short Break Care Plan should be linked to the Care Plan, which should include all the key information about the child. These should not be separate plans which duplicate information.

The Short Break Care Plan must set out the arrangements to meet the child's needs with particular regard to:

  • The child's health and emotional and behavioural development, any disability, medical needs and medications;
  • The child's specific communication needs;
  • Promoting contact with parents/anyone with Parental Responsibility;
  • Arrangements for contacting parents as necessary, in particular an emergency contact number;
  • The child's likes and dislikes regarding stimulation and leisure interests;
  • How the carers, as appropriate, promote the child's educational achievement;
  • The name and address of the registered medical practitioner;
  • The type of accommodation, address, name of person responsible;
  • The child's personal history, religious persuasion, cultural and linguistic background and racial origin;
  • The respective responsibilities of children social care and parents/anyone with Parental Responsibility; any delegation of responsibility from parents to the children’s social care; the respective roles and responsibilities of the placement provider, social worker, Independent Reviewing Officer (IRO) and other staff employed or commissioned by children’s social care to contribute to the plan for the child's care; the respective safeguarding responsibilities of the provider and children’s social care;
  • The expected duration of the arrangements and the steps to end them; arrangements for giving notice of intention to terminate the placement along with children’s social cares responsibilities for convening a review of the child's Care and Pathway Plan where there is a risk of the placement being terminated;
  • Frequency of visits;
  • Financial arrangements for the placement;
  • When the child is placed with an approved foster carer, confirmation of the foster carer's agreement;
  • The provider's responsibilities for notifying the child's social worker of any significant change in the child's circumstances.

As far as practicable, the child should be involved in agreeing the Plan.

The parents must be fully involved in all aspects of agreeing the Short Break Care Plan.

The plan should be signed by the parents, the social worker and, where appropriate, the child.

There is not a requirement for a separate Placement Plan for short breaks.

Where required and appropriate please note ‘Ceasing to look after a child’.

No significant change to a Child in Need Plan or a Short Break Care Plan should be made unless it has first been considered at a review.

In each case, whether children are provided with accommodation under short breaks or voluntary accommodation , the review should consider whether this continues to be the most appropriate legislative basis for the service provided.

A record should be kept, recording the views of those involved in the review, decisions taken and the identity of the persons responsible for implementing them.

A case review for a child who is not a child in care  should:

  • Ensure the service(s) provided meet the needs identified in the Child in Need Plan and safeguard and promote the welfare of the child;
  • Focus on outcomes for the child and family;
  • Be a multi-agency review whenever possible. Different elements of a child's care package should not require a separate review;
  • Include the ascertainable wishes and feelings of the child and the views of the family;
  • Take place at least six monthly. The needs of the child and family may indicate that a review should take place before the minimum timescale, for example if the child's condition is changing quickly, or there are changed family circumstances, or where there is a complex package of services including direct payments.

A review will usually include a face to face meeting but in some cases, regular review meetings may not be necessary. Generally it should be possible to include a review of short breaks with a review of other aspects of a child's health, education or development, where some of the same people will already be together.

Reviews should take the form of a meeting when requested by the family. In all circumstances a face to face meeting should take place at least once a year.

Depending on the level of service for the child and family and the vulnerability of the child, children’s social care may wish to consider including an element in the review which is independent of the service provider and those with Parental Responsibility, for example arranging for an 'independent' chair with a role similar to the role of the IRO in the case of a child in care.

Having access to advocacy may be particularly useful for disabled young people moving towards adulthood.

Reviews are less frequent than for children in care  in Situation 3:

  • The first review must take place within 3 months of the start of the first placement;
  • Second and subsequent reviews must take place at intervals of not more than 6 months;
  • Reviews may be convened earlier, e.g. at the request of the child, parents or carer; or in cases where the child is particularly vulnerable; or where the child is provided with a high level of short breaks.

The processes for Child in Care  Reviews apply in full, and reviews will take place as follows:

  • The first review must take place within 20 working days of the first placement;
  • The second review must take place not more than 3 months after the first;
  • Subsequent reviews must take place at intervals of not more than 6 months.

For further details, see the Child in Care Reviews Procedure.

Visits should usually be undertaken by a qualified social worker and always by a person with the skills and experience to communicate effectively with the child and fulfil the functions of the visit.

Situation 1

No statutory requirement for visits

Situation 2

Visits should take place at regular intervals to be agreed with the Independent Reviewing Officer and parents/person(s) with Parental Responsibility and recorded in the Short Break Care Plan before the start of the first placement.

In any event:

  • The first visit must take place within 3 months of the first placement day or as soon as practicable thereafter;
  • Subsequent visits must take place at intervals of no more than 6 months for as long as the short breaks continue.

Situation 3

Visits must take place:

  • Within one week of the start of the placement;
  • Thereafter, at intervals of no more than six weeks for the first year.

Following the assessment of the child and family, short breaks can be arranged in a number of settings which are subject to different registration and inspection requirements.

The key to providing safe care to children in their own homes is the same as to the provision of safe care elsewhere. It is essential that safe recruitment practices are followed and staff are properly trained and supervised and that the requirements of the Disclosure and Barring Service are complied with where they apply to service being provided. (See DBS referrals guide: summary of regulated activity with children).

Where the local authority provides a sitter or overnight carer in the child's own home, the child is not being provided with accommodation by children’s social care and children’s social care is therefore providing the short break service under short break child in need. 

However, caring for or supervising children unsupervised, or providing Personal Care to them, will meet the requirements of the Disclosure and Barring Service in relation to the provision of such activities.

Best practice is that the child should be cared for by a children’s social care short break carer or foster carer. Childminders with whom children’s social care places or wishes to place children overnight (or childminders wishing to take on such work) should be asked to apply for approval as local authority foster carers. It is not appropriate for children’s social care y to provide overnight accommodation with childminders who are not also approved foster carers.

It is essential that individuals providing care in their own homes are subject to full employment and personal checks, as well as safe recruitment methods, and that they are provided with induction and training.

Last Updated: October 20, 2022

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