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Exclusion of family members
Such situations will be rare, however if there is an issue that may prevent a parent from attending the Chair and others present at the conference should be told as soon as possible if the social worker feels that there is a need to exclude one or both parents. The ultimate decision about whether someone should be excluded falls to the chair and is dependent on whether certain criteria are met. The Chair may need to seek legal advice and their decision is final.
The social worker should discuss the attendance of parent or carers with the chair at least 24 hours before the conference, and preferably earlier. This discussion should include the likelihood of any friend or supporter attending the conference.
Any decision to exclude someone from all or part of the child protection conference rests with the conference chair. The reasons for deciding to exclude someone from all or part of a conference include the following:
- there is strong risk of violence or intimidation at or following the conference
- the police are seriously concerned by an alleged perpetrator's attendance
- confidential information regarding another person needs to be discussed
- the police need to provide information which is sub judice
- there are serious concerns about the well-being of the family member should they attend
- someone is clearly under the influence of drugs or alcohol to the extent that their participation in the conference would be disruptive.
Any professional can request the exclusion of a parent from the conference. The request must be made to the conference Chair at the earliest opportunity. The Chair should discuss the request with the relevant agency manager before coming to a decision about whether to exclude. This may be for all or part of the conference.
If any agency representative has concerns around a person attending a case conference they need to discuss this with the chair, at the earliest opportunity and preferably shortly after the written invitation being received.
Needs of the child
Where there is conflict present between the children and parents, the needs of the child must remain paramount and the planning of the conference should be amended accordingly (e.g. separate times for attending the conference).
Parents on police bail
If the parents are on bail or subject to an active police investigation the plan of the conference may need to be amended to ensure that the police can present their information whilst the parents participate as fully as possible. The purpose of the conference is not to aid a police investigation.
Actions
No. | Action | Person responsible | Timescale |
1. | Should it be felt that there is a need for a parent or child to be excluded from the conference then the conference Chair should be notified | Social worker | Where possible this should be at least three working days prior to the conference |
2. | Chair to make decision about exclusion seeking legal advice if necessary | Chair of conference | Where enough notice has been given to the Chair, this decision to be made at least two working days prior to the conference |
3. | If there is an apparent conflict of interest between children and parents, planning of conference to be looked at to ensure needs of the child remain paramount | Social worker and Chair of conference | Where enough notice has been given to the Chair, this decision to be made at least two working days prior to the conference |
4. | Where the Chair has made a decision to exclude a parent a letter is to be sent explaining the decision, informing the parent of their rights under the complaints process and how to make their views known | Chair of conference | Where enough notice has been given to the Chair, this letter to be sent at least two working days prior to the conference |
5. | Where a parent is excluded they must be sent a copy of the social worker's report to the conference and given the opportunity to express their views in relation to this. | Social worker | If there is enough notice then this should be at least two working days prior to an initial conference and five working days prior to a review. If there is not enough notice then this should be as soon as possible prior to the conference |
6. | If a parent has been excluded the Chair should decide whether the parent receives a copy of the record of the conference. | Chair of conference | Immediately following the conference |
7. | If a decision has been made previously to exclude a parent then this should be reviewed prior to all subsequent conferences for as long as the parent is excluded, with the above processes being completed if the decision is made for continued exclusion. | Social worker and Chair of conference | At least 10 working days prior to each subsequent conference |