Appointment and Role of Independent Reviewing Officers

1. Appointment of the Independent Reviewing Officer (IRO)

The appointment of Independent Reviewing Officers by Local Authorities is a legal requirement and their function is governed by a legal framework, namely:

• The Children Act 1989 which sets out the function and timing for child looked after (Cared 4 Children) reviews;
• The Adoption and Children Act 2002 which detailed the requirements for local authorities to appoint IROs to undertake CLA reviews

The Children Act 2008 which further extended the role of the IRO from one of monitoring cases at the CLA review to one of monitoring on an ongoing basisThe Care Planning Regulations and IRO Handbook which was introduced in April 2011 considers and provides a clear regulatory framework to ensure that the IRO role is embedded within the Local Authority; providing and ensuring that there is robust oversight, monitoring and challenge to the Local Authority in its duty to plan for all the children in their care. This includes having a wider overview of the child's journey including monitoring and follow up between reviews.

If a Local Authority is looking after a child, it must appoint an Independent Reviewing Officer (IRO) for that child's case. The name of the IRO and their contact details must be recorded on the child's case record.

The IRO must be appointed to the child's case and meet the child before the first Looked After Review and, as a matter of good practice, should be appointed within the five working days.

Sibling groups, whether or not placed together, should have the same IRO and should be informed that they share the same IRO as their siblings, except where conflict of interest between siblings makes this inappropriate or the size of the sibling group makes this unmanageable. The issue of sibling contact should also be addressed in the IRO's annual report.

The child should be given notification of their IRO, along with details about how to make contact with him/her. This could be by email or text. 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 looked after and should continue as the IRO if a child returns to care of the same local authority 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 Looked After Reviews Procedure, and monitoring a child's case on an ongoing basis including whether any safeguarding issues arise.

As part of the monitoring function, the IRO also 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:

• A responsibility to consult the child about their Care Plan at each review and at any time that there is a significant change to the Care Plan;
• Ensuring that Care Plans for looked after children are based on a detailed and informed assessment, up to date, effective and 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 Local Authority: that Care Plans have given 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, and
• 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 their behalf, and, if there is no such person, assist the child to obtain such advice;
  • The right to access representations/complaints procedures and how to do this.
• Making sure that the child understands how an advocate could help and his or her entitlement to one;
• Advising the child of their right to apply for an order or seek discharge of an order;
• 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 local authority if there are concerns that the placement is not meeting the child's needs.
• To promote the voice of the child;
• To ensure plans are based on a detailed and informed assessment, are up-to-date, effective and provide a real and genuine response to the identified risks and needs of each child. Oversight is provided through IROs routinely quality assuring CP and LAC plans;
• To identify and report any gaps in the assessment process, analysis or provision of services. Oversight is provided through IROs routinely quality assuring pre-meeting reports and assessments, including the analysis and identified interventions;
• To ensure that a child understands how an advocate could help and their entitlement to an advocate;
• To offer a safeguard to prevent any 'drift' in care planning for LAC and children subject to child protection plans. This is to ensure plans are progressed and the timely delivery of services to effectively manage risk and assessed need;
• To ensure that progress is measured in line with the journey of the child;
• To monitor the activity of the responsible authority as a corporate parent in ensuring that care plans are given proper consideration and weight to the child's wishes and feelings;
• To ensure the child fully understands the implications of any changes made to their care plan;
• To coordinate the impact of any significant change within a child's life through the review and care planning process;
• To ensure that permanency plans are considered at the 4th month review;
• To encapsulate the views and wishes of children and young people and ensure they are aware of how to make a complaint;
• To devise a methodology for capturing the views of children and young people to influence the development of policies, procedures and service development;
• To ensure all children and young people placed out of borough are afforded the high level of care and support to address identified need specifically those at risk of Missing From Home (MFH) and Child Sexual Exploitation (CSE);
• To participate in the LA quality assurance processes to identify best practice and areas for development;
• To participate in workforce development in order to improve social work practice;
• To ensure there is a robust appeals procedure for professionals and parents in order to challenge decision to place (or not to place) a child on a plan and is implemented in accordance with LA policy and procedures;
• To access independent legal advice in accordance with contractual arrangements;
• To develop and maintain positive working relationships with CAFCASS in order to promote the child's voice through care proceedings.

3. Referral to CAFCASS

The IRO has the authority to refer a case to CAFCASS if he/she 'considers it appropriate to do so'.

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

• In their opinion, the Local Authority 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 Local Authority, the issues have not been addressed to 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.

As soon as the IRO has been appointed to a child subject to proceedings:

• The IRO should provide the Local Authority legal adviser with the name of the IRO and with their contact details; and
• The Children's Guardian should be advised of each review meeting and invited, where appropriate;
• The Local Authority legal adviser and the Children's Guardian should 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 arising at short notice in the course of the 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.