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New statutory guidance on promoting the health and well-being of looked after children

Practical Law UK Legal Update 4-604-9606 (Approx. 3 pages)

New statutory guidance on promoting the health and well-being of looked after children

The Department for Education and the Department of Health have jointly published statutory guidance on promoting the health and well-being of looked after children.
The Department for Education and the Department of Health have jointly published updated statutory guidance on promoting the health and well-being of looked after children (LAC). A consultation was launched on the proposed updated guidance in November 2014. For more information, see Family news round-up to 27 November 2014, Consultation on changes to statutory guidance on promoting health and welfare of looked after children. This new guidance replaces the previous Statutory Guidance on Promoting the Health and Well-being of Looked After Children, issued to local authorities (LAs), Primary Care Trusts and Strategic Health Authorities in November 2009.
The main points in the guidance include the following:
  • LA corporate parenting responsibilities to safeguard and promote the well-being of LAC, now include a duty to promote the child's mental health, as well as physical and emotional health. The responsibility has been extended to act on early signs of health issues.
  • LAs have a duty to arrange for a health assessment for LAC under the Care Planning, Placement and Case Review (England) Regulations 2010 (SI 2010/959). The initial assessment must be carried out by a registered medical practitioner and any review assessments may then be carried out by a registered nurse or midwife.
  • When a child becomes looked after, changes placement or ceases to be looked after, the responsible LA should notify (before the event) the clinical commissioning group (CCG) (or the originating and receiving CCG where the placement is out of authority) and the child's GP. If the child is moved in an emergency, this should be done within five working days.
  • LAC should never be refused a service (including mental health services) on the basis their placement is short-term or unplanned.
  • CCGs and NHS England have a duty to cooperate with requests from LAs to undertake health assessments and help ensure support and services to LAC are provided without undue delay.
  • CCGs should ensure any changes in healthcare providers do not disrupt the objective of providing high quality, timely care for the child.
  • LAs, CCGs and NHS England should ensure that there are plans in place to enable LAC to continue to obtain the healthcare they need.
  • Arrangements should be in place which allow LAC to participate in decisions about their health care and promote a culture where children are listened to and their views are taken account of (according to their age and understanding).
This updated guidance will be reviewed in 2020 unless it is deemed necessary to review it earlier.
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Resource ID 4-604-9606
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Published on 19-Mar-2015
Resource Type Legal update: archive
Jurisdiction
  • England
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