Role of the IRO and Cafcass

1
Role of the IRO and Cafcass

• Presentation by
• Phyllis Dyer
• Service Manager
• Cafcass
• 19 September 2008

2
Outline of Presentation

• Regulations
• DfES (DCSF)/ Cafcass IRO project 2006
• Cafcass IRO Practice Note and Safeguarding
  Framework
• IRO dispute resolution
• Contact with Cafcass
• Care Matters and the Bill

3
IRO Regulations

• Review of Children Cases (Amendment) (England)
  Regulations Implemented September 2004
• Ability to refer to Cafcass if childs human
  rights being harmed through failure to implement
  care plan
• To date, one formal referral which did not lead
  to court proceedings

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DfES / Cafcass IRO Project 2006

• Aims
• to support development of IRO networks across
  the regions to identify current standards of
  provision to identify current issues for IROs
  to work within the DfES (DCSF) placement
  stability programme

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Cafcass response to the project

• New Practice Note(in conference pack) giving
  examples of cases that could be referred, and
  outlining the process
• Expectation of closer contact between childrens
  guardian and IRO eg in Safeguarding Framework

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• Cafcass Safeguarding Framework

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Paragraph 2.55

• When the child is Looked After, the Childrens
  Guardian will liaise with the IRO during court
  proceedings. Following the final hearing it is
  particularly important that the insight and
  commitment of the Childrens Guardian within
  court proceedings gets handed on to the IRO for
  their role post-court. One effective mechanism is
  for the Childrens Guardian to liaise with the
  IRO following the final hearing. This can involve
  older children or young people in a meeting, so
  that there is clarity about future planning,
  timescales, and what the child can do if matters
  drift or they have other anxieties. It will be
  important that this is part of the closing of the
  case by the Childrens Guardian, rather than a
  drift into extended involvement

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But !

• There is a difference between what a policy
  proposes and what happens on the ground!

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Public Law Outline, April 2008

• 4 Stages Public Law Applications
• The PLO was introduced by a Practice Direction
• by the President of the Family Court, mirrored by
  DCSF
• providing a new version of Volume 1 Children Act
• Guidance.
• Volume 1 repeats the requirement for the
  Childrens
• Guardian and IRO to communicate with each other

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Paragraph 3.58

• ..At the conclusion of Care Proceedings the
  Childrens Guardian will, in all relevant cases,
  ensure that the Care Plan, as agreed by the
  court,is made available to the Independent
  Reviewing Officer.
• N.B. Section 31 (a) Care Plan replaces LAC (99)

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What are the challenges?

• Time
• Availability identifying who is the IRO and CG
• Three way link with social worker
• Confusion between the roles how does everyone at
  once work alongside the child?
• Confusion about IRO access to court papers IROs
  are entitled to see everything as a member of the
  Local Authority.

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Referrals to Cafcass
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Referrals to Cafcass

• Roger Morgan, Childrens Rights Director If the
  option of referring to CAFCASS sits at the top of
  Everest, then there will not be many referrals.
• So what should come first?

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Important caveat!It is the individual IROs
responsibility to decide if and when to refer, in
any individual case. Having said that.



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Cafcass is developing experience of IRO issues

• Since producing the IRO Advice Note, our legal
  helpline has taken over 50 calls from IROs
  seeking an informal discussion.
• 0207 510 7000
• A number have come very close to a formal
  referral, but have been resolved before that stage

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Referrals to Cafcass

• Appoint an officer to assess the case(CG)
• Dispute Resolution
• Human Rights Application
• Judicial Review
• Other Proceedings

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The window of opportunity

• The outcome of IRO work to improve outcomes for
  looked after children
• The outcome of the Children and Young Peoples
  Bill
• Any possible future discussions with Cafcass