Time Spent with Family and Those who Children Love and Care About/Contact Policy and Procedure
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, siblings, any relative, friend or other person connected with the child. This chapter will:
- Define and outline the meaning of Time spent with Family and those children love and care about;
- Set out the principles that underpin North Yorkshire's Policy;
- Outline clear processes for making good Time spent with Family arrangements;
- Outline current research and theory.
For arrangements for social visits and overnight stays away with friends which staff/carers may agree, see Social Visits (Including Overnight Stays) Procedure.
For guidance regarding frequency of Time spent with Family and those children love and care about within the context of permanence, see Permanence Planning Guidance.
NOTE: The responsible authority should review this policy (in particular the issue of time spent with sibling(s) / families) with their local Children in Care Council and other Children in Care.
Related guidance
- There is a presumption in law and practice that children who are looked after should have safe and fulfilling Family Time with their parents, sisters and brothers and other people connected with them unless it is not reasonably practical or consistent with the child's welfare;
- Family Time should always be made in the best interest of children and arrangements should be made that principally meet their needs;
- Children should be given opportunities to safely express their wishes about Family Time;
- Family Time should be for the benefit of children rather than the parent/relative or friend;
- Family Time should be delivered safely and where feasible with the minimum amount of interference and supervision from outside professionals. Family members wherever possible should be encouraged to facilitate their own family time;
- Where children have been moved on from care givers, Family Time should be maintained unless this is not in the child's best interests. Where placements have ended in an unplanned way there is often a need to repair damage or have a proper, positive ending;
- At times contact can be lost with significant people consideration should always be made to seek to reconnect and re-establish Time children can spend with their families and those they love and care about;
- The aspiration is that time children spend with families and those they love and care about should be positive and enjoyable experience for children;
- Time spent with families should where ever possible take place in the most convenient and natural setting possible;
- The distances and time children are transported to and from time with families should be kept to a minimum;
- Time with families should be set a reasonable level that is manageable for the child and does not unduly interfere with other areas of a child's life;
- Foster carers are often the people that children have the most trusting relationship with and they have as a consequence an important part to play in facilitating time with families;
- Research and evidence based practice should be utilised to help inform how we organise and deliver time children can spend with their families and those they love and care about;
- Recording of time with families in supervised situations should be transparent, its purpose made clear, kept to a necessary minimum and shared with family members;
- Closely monitored and highly supervised time with families should only happen after thorough assessment and be deemed absolutely necessary to reduce identified risks;
- Time spent with families will only require supervision after assessment highlights that this is necessary to protect children from further harm or in circumstances where some level of supervision and observation is required to inform an assessment of the child/parent relationship;
- Even in situations where time with families is supervised the expectation is that the facilitator can be supportive within the session and assist this time for families to be positive and fulfilling experience for children;
- Arrangements for time children can spend with their families and those they love and care about should be reviewed regularly to ensure that they continue to meet the child's needs. These arrangements may need to change to reflect changed circumstances;
- Wherever possible the frequency, length and precise form of time with families should be negotiated and agreed between family members and the Social Worker taking into consideration the views and wishes of the children;
- The Local Authority needs in care proceedings to make in advance detailed and carefully considered proposals on the most appropriate arrangements families can spend together based upon the principles outlined in this policy. Where appropriate, consultation should be undertaken with the Children's Guardian.
Section 34 of the Children Act 1989 outlines arrangements for contact (time families can spend together) where children are in the care of the local authority and states the following:
- Parents, guardians and those with parental responsibility or with whom the child lived prior to coming into care are entitled to reasonable contact (time with families) with the child as long as the local authority believes this will safeguard and promote the child's welfare;
- The court can make an order relating to contact (time spent with families) arrangements between the child and a named person on the application of:
- The local authority;
- The child;
- Parents, anyone with parental responsibility or anyone with whom the child was living prior to coming into care;
- Anyone else who has leave of the court to apply.
- The local authority or the child can also apply to the court for an order terminating contact (time they spend with their families) with a named person;
- The court will scrutinise all contact (time with families) arrangements during care proceedings and may make an order relating to contact when making the final care order;
- When making an order the court may attach conditions to contact and may vary or discharge an order on the application of the local authority, the child or anyone else named in the order;
- Any previous order relating to contact with the child made under section 8 of the Children Act 1989 will be discharged automatically once a care order is granted and new contact (time spent with families) arrangements will need to be put in place.
- Arrangements children spend with families and those they love and care about should be negotiated between Social Workers, parents and other significant people, and social workers should ensure that parents and others are aware that they can seek legal advice regarding these arrangements. It should be noted that any current section 8 order will still be in force and will need to be included in any agreed contact (time with families) arrangements;
- Time spent with families must be set at a level that is reasonable, practicable and consistent with the child's welfare. If there is a need to set limits on this time, and a parent/person with parental responsibility is not happy with the level set of time children can spend together, legal advice should be sought. Legal advice should also be sought if there are concerns around the child's welfare during time they spend with their families.
Safe and fulfilling Time spent between children/young people in care with family members and those they love and care about should always be encouraged to sustain relations, build attachment and help children maintain and develop a sense of identity.
Time spent with families is not however a single or simple concept and has various meanings and interpretations based upon factors such as the legal context, the purpose of time children spend with their families, safety issues.
An important initial distinction is between indirect and direct contact with families.
Indirect Family Time (Contact)
Can involve letters, telephone calls, emails and social media.
Direct Time Spent with Families (Contact)
Involves children meeting face to face with families and those they love and care about. Direct time spent with families/Contact can however happen in a variety of different ways depending on the precise circumstances and context.
Non-facilitated Time with Families (Contact)
Involves children and young people meeting up with family members and those they love and care about in informal ways without the need for facilitation or supervision. This form of time spent with families/Contact would be the ideal for most children in long term care.
Facilitated
Some time children spend with their families will require the involvement of a third party to facilitate contact by assisting with the organisation and transportation but observation and supervision of the session will be kept to a minimum. The third party role can be undertaken by a variety of people; family members, Foster Carers, Family Support workers, Social Workers. This form of time with family would be the desirable norm in longer team LA situations where there are few identified risks.
Supervised Time Spent with Families (Contact)
Supervised time spent with families would only be delivered and necessary in situations where assessment highlights an ongoing risk to children and it is necessary for a responsible third party to supervise these sessions to protect children from further harm.
Time-limited supervision and observation of time children can spend with their families may also be necessary as part of a wider assessment of the child/parent relationship. The reasons for family time being supervised and observed must be made transparently clear to all parties and the precise arrangements set out in a detailed Time spent with Families planner.
See Appendix 1: Family Time Safety Plan
Prior to any Family Time taking place, an Family Time Safety Plan should be completed by the Social Worker. The starting point of the assessment must be what is in the best interest of the child/young person.
Time children spend with their families should be delivered in a manner consistent with the child's Care Plan and must take account of any Child Protection Plan and/or in line with any decisions made by the Court. Arrangements should focus on, and be shaped around, the child's needs and the wishes and feelings of parents and the child's care givers must be ascertained before a decision about arrangements is made or as far as it is reasonably practicable to do so.
The time where children spend time with their families and those they love and care about must be based upon the individual needs of the child/young person but also takes into consideration the age and development of the child. When assessing family time for young babies and infants, workers should refer to the relevant research for instance: Long periods away from the primary caregiver where the infant is stressed and presenting as watchful or vigilant are likely to be harmful. (See Appendix 2: Research (Advice by CYPMHS) Contact Arrangements for Infants: A Guide for Practitioners).
The child's welfare is the paramount consideration at all times and each child's wishes and needs for the time they spend with their families should be individually considered using advocacy and communication services, if necessary. Time spent with their families can be very important in helping children develop their sense of identity and understand their lives.
It is always worth considering if a family member/foster carer could support/facilitate/supervise the family time arrangements for a child/young person. It is also recommended that the use of a Family Group Conference could be the ideal process to consider any potential family member or family friends given that this may be in the child's best interest.
In relation to situations when there might be potential risks that might arise in time with families, it is advised that a risk assessment should be undertaking in relation to safety planning and potentially putting in place additional resources/ recommendations that minimises/removes the potential risk (see Appendix 1: Family Time Safety Plan).
The Family Time arrangements will be in line with the Child's Care Plan and the time spent with families / Contact principles outlined above should ideally be arranged in a managed way and plans made for time spent with families to be arranged via a Planning Meeting.
The social work Family Time assessment will assess the levels of time spent with families, the purpose of time spent with families and how it is managed (see Appendix 1: Family Time Safety Plan). The primary focus of the assessment is the safety and welfare of the child/young person. A decision needs to be made, based on an assessment, as to whether any support or supervision of the time children spend with their families and those they love and care about is required and who might supervise/facilitate this. Where supervised time spent with families is deemed necessary, the reasons should be clearly recorded and the role of the supervisor or supervisors clearly defined.
The social worker is advised to ensure that they have referred to relevant research particularly for those contacts involving babies and infants (see Appendix 2: Research (Advice by CYPMHS) Contact Arrangements for Infants: A Guide for Practitioners).
A risk assessment must be carried out when it is deemed that there are risks related to any safety factors for the child. This might be related to potential aggression/ parental mental health/substance misuse that might impact onto the wellbeing of the child or if there is a risk of abduction etc. The risk assessment can also be used as a tool for assessing if the child's behaviour and needs, including medical needs, pose any risks and what could be put in place for any risks to be managed (see Appendix 1: Family Time Safety Plan).
A plan for time spent with families, written with parents will need to be put in place prior to any family time session going ahead to ensure that everyone involved are aware of the expectations for the these sessions (see Appendix 1: Family Time Safety Plan).
If a Practitioner is required to supervise/facilitate the time spent with families, a referral/discussion would need to be made to this service at the earliest opportunity. At the time Care Proceedings are initiated it is crucial to alert Early Help to inform that a worker may be needed to supervise time spent with families in order that plans can be made.
In the event of a Practitioner being asked to supervise/facilitate time spent with families, the allocated worker will undertake a family time Schedule (see Appendix 3: Family Time Schedule (Practitioner to Complete)) which details the venue/arrangements/transportation etc. This should be passed to the social worker/foster carer/parents/child and also uploaded on to the child's electronic record (see information below).
The Practitioner will ensure that the session with families is written and recorded at the very earliest and within two working days of the session being held on LCS (see Section 10, Recording the Time Spent with Families).
A plan for time spent with families needs to be put in place with parents (or any other relevant party) prior to it going ahead. This should be an agreement which is formed with parents about the plans and expectations that is both expectations of parents and of Children's Social Care. The role of undertaking the Family Time plan/agreement is that of the allocated social worker (see Appendix 1: Family Time Safety Plan).
The Family Time Plan should be based on the principles for time spent with families outlined and be clear about where this will take place and include consent to transport the child. Particular attention should be given to how the time spent with families is ended.
A contingency plan might also be needed in the event that the time spent with families has to end prematurely.
The venue should be carefully considered as this can have a profound effect on the quality of time children spend with their families and those they love and care about and whether its stated purpose can be achieved. Venues should be capable of providing the correct structure for supervision and/or assessment of time spent with families, but should also take into account the needs of the child, particularly disabled children.
Time children spend with families and those they love and care about may also be arranged around an activity rather than a location, which may be particularly useful where work is being carried out to enhance the child/parent attachment through therapeutic means, or where an assessment of parenting skills is being carried out prior to rehabilitation.
The following research provides some insight into the impact of venue on time children spend with their families:
The parental home is the preferred option of most parents and children, and will be useful where there is a strong indication that the child will return home in a short timescale. It could be the preferred option for older children where there is no history of abuse and risk assessment indicates it is a safe option.
The fostering or residential placement can be a safer option for those children where some degree of monitoring or oversight is required, though parents may find placements inhibiting.
Council offices are regarded as inhibiting and can create an artificial situation as participants are likely to feel that they are being "watched". This can seriously affect the outcome of any assessment of the time children spend with their families being conducted, resulting in inaccurate observations.
Arrangements for children to be transported to and from their time spent with family must be agreed in advance. In line with North Yorkshire's principles the distances children need to travel for time spent with their families must be minimised, It needs to be considered who would be the most appropriate person to transport the child/young person to and from the venue for the time with family and it might be that the child's foster carer is the ideal person to do this.
The use of the appropriate equipment is important and the Foster Carer/Practitioner/ Supervisor needs the knowledge of how to fit the appropriate car seat and will need to consider weight, height and or the age of child.
If a child needs to travel in the front of the car in a rear facing baby carrier, then the passenger air bag needs to be turned off.
Children must normally use a child car seat until they're 12 years old or 135cm tall, whichever comes first. Only EU-approved child car seats can be used in the UK. These have a label showing a capital 'E' in a circle. Please refer to any current car seat regulations as appropriate.
The Practitioner/ Supervisor should also consider other factors such as the 'in car entertainment'; some children like predictability and like to listen to the same music/song etc.
The time children spend with their families should be recorded by the Practitioner on the child's electronic file using the Signs of Safety format, this will be recorded within case notes on the electronic record under the relevant case note heading. Recording should be completed as soon as possible and within two working days. If there are any issues related to safeguarding concerns, the Practitioner should immediately inform the social worker or their manager. For the most part, this template can be used for recording of cases in Care Proceedings when the recording might be used for evidence but also this template can be used for other contacts such as time siblings spend together etc.
Occasionally, the exception rather than the rule, a different way of recording might be required such as when there is a parenting assessment being completed by the social worker and more detailed recordings are required. In these circumstances, consider using relevant headings from the Parenting Assessment/Core Assessment (i.e. basic care, stimulation etc.) to record information.
Practitioner's notes should be concise, succinct and factual. Sweeping statements should be avoided such as 'he was aggressive' or 'she was inappropriate in her behaviour' and record instead what he or she was doing which made it aggressive or inappropriate. Record the effect that any behaviour from a parent had on children either positive or negative.
Recording should be accurate with the time and date noted and always shared with family members.
Wherever possible, workers should try and refrain from spending family sessions writing/typing notes within the sessions with children/young people and their families unless previously agreed. Recording is important and there are times when notes will need to written during the family sessions however for families, the practitioner recording every moment of the time families spend together can appear oppressive and not helpful. If notes are needed to be written in the family session, consider writing bullet points and complete the fuller written account after the session has finished.
The arrangements for time children spend with their families should be reviewed on a regular basis to establish if the arrangements are appropriate and in line with the wishes and feelings of the child/young person and meeting their needs safely. If a child/young person is Looked After, the arrangements should be reviewed in the child/young person's Child in Care Review.
For those cases in Care Proceedings, the time spent with families/ contact arrangements will be agreed upon as part of the Court Care Plan and the Court process.
Reviewing of time children spend with families should always look at whether a family member, a family friend or the child's foster carer could appropriately supervise the time children spend with their family. The use of a Family Group Conference could be held to assist with this process.
It may be that the parents or adults involved in the child's life have made positive or changes since the child/young person has been in Care for example: ending an abusive relationship and therefore risks might have reduced and consideration could be made to move to unsupervised/facilitated etc.
It may be that there is insufficient confidence to move immediately to fully unsupervised, however a plan could be put in place that states what the concerns are that is shared with the parents/adults but also looks at what would need to happen to move to unsupervised/facilitated family time.
Any changes to the time children spend with families should start with the child's needs and must be discussed with the child's Independent Reviewing Officer and Children's Guardian (where appropriate). Additionally, for those cases in the Care Proceedings or with Court Order in place, Legal advice would need to be sought and the matter returned to Court if required.
The time children spend with their families 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. The time children spend with family 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 the time children spend with family.
If the session 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 make alternative arrangements.
If family time 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.
Any proposal to suspend or terminate the time children spend with their families should be considered as part of the child's Child in Care 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 time children spend with their families, the length and purpose of the suspension together with the basis upon which sessions 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 time with families/Contact will always be necessary if time with families/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.
Appendix 1: Family Time Safety Plan
Appendix 2: Research (Advice by CYPMHS) Contact Arrangements for Infants: A Guide for Practitioners
Appendix 3: Family Time Schedule (Practitioner to Complete)
Appendix 4: Family Time Guidance for Children, Young People and Families
Appendix 5: Family Time Guidance for Children & Families Staff
Last Updated: November 24, 2023
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