Appointment and Role of Independent Reviewing Officers

1. Appointment of the Independent Reviewing Officer (IRO)

When a child is admitted into care, Birmingham Children's Trust must appoint a named individual as the IRO for the child. The name of the IRO and his/her contact details must be recorded on the child's case record.

The IRO must be appointed to the child's case and as a matter of good practice should be appointed within two working days of the child coming into care and the IRO Service being notified of this new care episode; and meet the child before the 28 day Child in Care Review.

Sibling groups, whether placed together or not, should have the same have named IRO as their siblings except in possible circumstances where there may be a conflict of interest between siblings which makes this inappropriate.

The child should be given notification of his/her IRO, along with details about how to make contact with them. This could be by email or text or "Mind of My Own". If the child is only informed verbally, then the date that s/he was given this information must be placed on the case record.

The IRO should be allocated for the duration that the child is in care and should continue as the IRO if a child returns to the care of the Trust at a later date, if reasonably practicable.

Where a mother and/or father and their child are looked after, the child should have a different IRO.

2. Role of the IRO

There are two clear and separate aspects to the function of the IRO: chairing a child's review - see Children in Care Reviews Policy, and monitoring a child's case on an ongoing basis including whether any safeguarding issues arise.

As part of the monitoring function, the IRO has a duty to identify any areas of poor practice, including general concerns around service delivery/collective experience of looked after children (not just around individual children).

The IRO should immediately alert senior managers if any such areas are identified.

The responsibilities of the IRO include:

• Monitoring the Birmingham Children's Trust's performance of its functions in relation to the child's case;
• Consulting the child about his/her Care Plan at each review and at any time that there is a significant change to the Care Plan;
• Speaking in private with each child prior to each review to establish the child's wishes and feelings about the issues to be covered at the review meeting;
• Ensuring that Care Plans for looked after children are based on a detailed and informed assessment, are up to date and effective, and that they provide a real response to each child's needs;
• Identifying any gaps in the assessment process or delivery of service;
• Offering a safeguard to prevent any 'drift' in care planning and the delivery of services;
• Monitoring the activity of the Birmingham Children's Trust, ensuring that Care Plans give proper consideration and weight to the child's current views, wishes and feelings and that he/she fully understands the implications of any changes to their Care Plan;
• Ensuring that, having regard to age and understanding, the child has been informed of the steps he/she may take under the Children Act 1989, and in particular, where appropriate:
  • The right to apply, with leave, for a Section 8 Order/discharge of a Care Order - if the child wishes to take legal proceedings under the Children Act 1989, the IRO must establish whether an appropriate adult is able and willing to assist the child to obtain legal advice or bring proceedings on his/her behalf, and, if there is no such person, assist the child to obtain such advice; and
  • The right to access representations/complaints policies and how to do this.
• Making sure that the child understands how an advocate could help and his or her entitlement to one; and
• Initiating the Dispute Resolution Process where appropriate;
• Advising the child of their right to apply for an order or seek discharge of an order;
• Ensuring the child or young person has been given financial guidance to support their financial capabilities and money management capacity, including the take up of Junior ISA's where applicable;
• In relation to short breaks:
  • Being sensitive to the close and active involvement of parents of a child looked after in a series of short breaks;
  • Problem-solving where there might be difficulties or issues;
  • Alerting the Birmingham Children's Trust if there are concerns that the placement is not meeting the child's needs.

The IRO has the authority to adjourn a review meeting if they feel that the information to inform the care plan is not available or that the child's views have not been considered or taken into account. See Child in Care Review Policy, Independent Reviewing Officers Responsibilities.

3. Referral to CAFCASS

The IRO has the authority to refer a case to CAFCASS at any time if he/she 'considers it appropriate to do so'. This decision should be considered with reference to the Escalation policy: Resolution of professional disagreements.

The IRO must consider whether it is appropriate to refer a case to CAFCASS if:

• In his/her opinion, the Birmingham Children's Trust has failed in any significant respect to prepare the child's Care Plan; review the child's case or effectively implement any decision in consequence of a review; or are otherwise in breach of their duties to the child in any material respect; and
• Having drawn this to the attention of persons of appropriate seniority in the Birmingham Children's Trust, the issues have not been addressed to the IRO's satisfaction within a reasonable period of time.

4. Role of the IRO in Relation to Children Subject to Care Proceedings

The IRO will need to consider together with the Children's Guardian what communication is necessary in order to promote the best possible care planning process for each child.

When the IRO has been appointed to a child subject to proceedings s/he should:

• Provide the Birmingham Children's Trust legal adviser with the name of the IRO and with his/her contact details; and
• Advise the Children's Guardian of each review meeting and invite him/her, where appropriate;
• Ensure that the Birmingham Children's Trust legal adviser and the Children's Guardian receive a copy of each review record.

The IRO should ensure that s/he is in discussion with the Children's Guardian at intervals, as is appropriate for each child's case, and that the topics of discussion include:

• The wishes and feelings of the child;
• The current Care Plan;
• Whether details of the Care Plan are subject to a formal dispute resolution process and if so details of this;
• Any complaints that have been received about the case; and
• Any issues raised in court in relation to the implementation of the current Care Plan.

5. Duty of Social Worker to Keep IRO Informed

The Social Worker must inform the IRO of significant changes/events in the child's life including:

• Any proposed change of Care Plan, for example changes arising at short notice in the course of care proceedings following directions from the court;
• Discharge from care by a person with parental responsibility when the child is section 20 Accommodated;
• Where agreed decisions from the review are not carried out within the specified timescale;
• Major changes to the contact arrangements;
• Changes of allocated social worker;
• Any safeguarding concerns involving the child which may lead to enquiries being made under Section 47 of the 1989 Act ('Child Protection Enquiries') and outcomes of Child Protection Conferences or other meetings that are not attended by the IRO;
• Complaints from or on behalf of the child, parent or carer;
• Unexpected changes in the child's placement provision which may significantly impact on placement stability or safeguarding arrangements;
• Significant changes in birth family circumstances for example births, marriages or deaths which may have a particular impact on the child;
• If the child is charged with any offence leading to referral to youth offending services, pending criminal proceedings and any convictions or sentences as a result of such proceedings;
• If the child is excluded from school;
• If the child has run away or is missing from an approved placement;
• Significant health, medical events, diagnoses, illnesses, hospitalisations or serious accidents; and
• Panel decisions in relation to permanency;
• Where a placement is a Placement at a Distance.