Serious Case Reviews

Introduction

This document sets out the joint South West Local Safeguarding Children's Board's policy and agreed framework for executing its duty to undertake a systematic evaluation of inter-agency involvement in cases where a child has died or been seriously injured by a parent, family member or when significant harm has been caused by a carer. (See section 8, Working Together 2006)

It should be emphasised that the specific nature of individual cases requires that the framework should be adapted for different situations.

There are three appendices:

The Purpose of Serious Case Reviews

Serious case reviews (previously referred to as Part 8 Reviews) should be undertaken in the following circumstances:

"When a child dies, and abuse or neglect are known or suspected to be a factor in the death, local organisations should consider immediately whether there are other children at risk of harm who require safeguarding (For example siblings, other children in an institution where abuse is alleged). Thereafter, organisations should consider whether there are any lessons to be learned about the ways in which they work together to safeguard and promote the welfare of children. Consequently, when a child dies in such circumstances, the LSCB should always conduct a serious case review into the involvement with the child and family of organisations and professionals. (Working Together 2006, paragraph 8.2)

Working Together continues:

"Additionally, LSCBs should always consider whether a serious case review should be conducted:

(Working Together 2006, paragraph 8.2)

Working Together states that the purpose of such Reviews should be threefold, i.e.

It should be emphasised that serious case reviews are not enquiries into how a child died or who is culpable; that is a matter which Coroners and Criminal Courts respectively have to determine, as appropriate.

General Principles for Case Reviews

The following principles should underpin the execution of serious case reviews.

URGENCY

Agencies should take action immediately and follow this through as

quickly as possible.

IMPARTIALITY

Those conducting reviews should not have been directly concerned

with the child or family.

THOROUGHNESS

All important factors should be considered and there should be an

opportunity for all those involved to contribute.

OPENNESS

There should be no suspicion of concealment.

CONFIDENTIALITY

Due regard must be made to the balance of individuals rights and

public interest.

CO-OPERATION

Close collaboration between all the agencies involved

is required.

RESOLUTION

Action should be taken to implement any recommendations

that may arise and are accepted by the agencies concerned.

Criteria for undertaking a Serious Case Review

Working Together identifies a number of factors, which should be taken into account when deciding whether a serious case review should be undertaken.

A case review should always be undertaken when a child dies (including death by suicide), and abuse or neglect is known or suspected to be a factor in the child's death. This is irrespective of whether LA children's social care is or has been involved with the child or family.

Consideration should always be given to undertaking a case review where a child has sustained a potentially life-threatening injury through abuse or neglect, serious sexual abuse, or sustained serious and permanent impairment of health or development through abuse or neglect, and the case gives rise to concerns about the way in which local professionals and services work together to safeguard and promote the welfare of children. This includes situations where a parent has been killed in a domestic violence situation or where a child has been killed by a parent who has a mental illness. 

Where more than one LSCB has knowledge of a child, the LSCB for the area in which the child is/was normally resident should take lead responsibility for conducting any review. Any other LSCBs that have an interest or involvement in the case should be included as partners in jointly planning and undertaking the review. In the case of looked after children, the responsible authority should exercise lead responsibility for conducting any review, again involving other LSCBs with an interest or involvement.

Any organisation or professional can refer a case to the LSCB Chair if it is believed that there are important lessons for inter-agency working to be learned from the case. In addition, the Secretary of State for the Department of Education and Skills has powers to demand that an inquiry be held under the Inquiries Act 2005.

In deciding whether a case should be subject of a case review in circumstances other than when a child dies, the answer 'yes' to several of the following questions is likely to indicate that an inter-agency serious case review will yield useful lessons:

Instigating and determining the scope of a Case Review

South West LSCB's have standing Serious Cases Review Sub-groups. The membership of these sub-groups is made up of representatives from children's social care, education, health, police, probation and the NSPCC (it is a requirement of Working Together 2006 that those agencies indicated in bold are involved in assessing the need for a serious case review).

In making this decision where a child has died, this group should draw on information available from the professionals involved in reviewing the child's death (see Working Together 2006, Chapter 8 for details of the new child death review processes). Conversely, the child death review process may provide the trigger for a serious case review.

Functions of the Serious Case Review Sub-group

To consider, at the request of the Chair of relevant LSCB, whether a serious case review should take place, and to make recommendations to the LSCB Chair, who has ultimate responsibility for deciding whether or not such a review should be conducted. Such recommendations should detail:

To determine, in the light of each case, the scope of the review process, and, as far as possible draw up clear terms of reference. (If a serious case review takes place, the first meeting of the Overview Panel will ratify and, if necessary, make additions or amendments to the terms of reference.) Relevant issues may include:

N.B. Some of these issues will need to be re-visited as the review progresses and new information emerges.

Smaller scale audits

In some cases, it may be valuable to conduct individual management review or smaller scale audits of individual cases which give rise to concern but which do not meet the criteria for a full serious case review. In such cases, arrangements should be made to share relevant findings with the LSCB

Serious Case Review Sub-group.

Notifying OfSted, the DfES and the Strategic Health Authority

The Local Authority has the responsibility of informing OfSted of every case that becomes the subject of a case review. This information will be passed to the DfES by them. The PCT should always inform its SHA of every case that becomes the subject of a serious case review.

Conducting a Case Review: the process

Timing

Serious case reviews will vary widely in their breadth and complexity, but in all cases, lessons should be learned and acted upon as quickly as possible. Within one month of a case coming to the attention of the LSCB Chair, the decision should have been made by the LSCB Chair, following a recommendation from the Serious Case Review Sub-group (Panel), on whether a review should take place. Individual organisations should secure case records promptly and begin work quickly to draw up a chronology of involvement with the child and family.

Reviews should be completed within a further four months, unless an alternative timescale is agreed with OfSted at the outset. Sometimes the complexity of a case does not become apparent until the review is in progress. As soon as it emerges that a review cannot be completed within four months of the LSCB Chair's decision to initiate it, there should be a discussion with OfSted to agree a timescale for completion.

Criminal Proceedings

In some cases, criminal proceedings may follow the death or serious injury of a child. Those co-ordinating the review should discuss with the relevant criminal justice agencies how the serious case review process should take account of such proceedings, e.g. how does this affect timing, the way in which the review is conducted (including interviews of relevant personnel), and who should contribute at what stage?

Serious case reviews should not be delayed as a matter of course because of outstanding criminal proceedings or an outstanding decision on whether or not to prosecute. Much useful work to understand and learn from the features of the case can often proceed without risk of contamination of witnesses in criminal proceedings. In some cases, it may not be possible to complete or to publish a review until after Coroner or criminal proceedings have been concluded but this should not prevent early lessons learned from being implemented.

Agency Involvement

Each relevant service or agency should undertake a separate management review of its involvement with the child and family. This should begin as soon as a decision is taken to proceed with a review, and even sooner if a case gives rise to concerns within the individual agency. Relevant independent professionals (including GPs) should contribute reports of their involvement. It is important that those conducting management reviews of individual services or producing the overview report should not have been directly concerned with the child or family, or the immediate line manager of the practitioners involved.

Designated professionals should review and evaluate the practice of all involved health professionals and providers within the PCT area. This may involve reviewing the involvement of individual practitioners and Trusts and also advising named professionals and managers who are compiling reports for the review. Designated professionals have an important role in providing guidance on how to balance confidentiality and disclosure issues.

The Children & Family Court Advisory and Support Service (CAFCASS) is expected to contribute to the review, when felt appropriate by the LSCB, and should facilitate contributions. Where a children's guardian contributes to a review, the prior agreement of the courts should be sought so that the guardian's duty of confidentiality under the court rules can be waived to the degree necessary.

Securing Records

Once it is known that a case is being considered for review, each organisation should secure records relating to the case to guard against loss or interference.

Disclosure Issues and Interviewing Strategy

Good practice would be that once a decision has been made that a serious case review should proceed, the Overview Panel should determine the interview strategy for individual agencies, with a view to disclosure issues that may be closely aligned to a criminal investigation. It would also be good practice for the Overview Panel to agree at an early stage the method of interviewing staff (e.g. reports, questionnaires, face to face interviews, records of the latter, notes which will be taken etc.)

Where staff or others are interviewed by those preparing management reviews, a written record of such interviews should be made and this should be shared with the relevant interviewee.

Individual Management Reviews

The aim of management reviews should be to look openly and critically at individual and organisational practice to see whether the case indicates that changes could and should be made, and if so, to identify how those changes will be brought about. Management review reports should be accepted by the senior officer in the organisation who has commissioned the report and who will be responsible for ensuring that recommendations are acted upon.

Upon completion of each management review report, there should be a clear and agreed process for feedback and de-briefing for staff involved within individual agencies, in advance of completion of the overview report by the LSCB. There may also be a need for a follow-up feedback session if the LSCB overview report raises new issues for the organisation and staff members. Once the overview report is complete and the executive summary has been published, the LSCB should hold a multi-agency debrief session, led by the Chair of the Overview Panel and at least one other panel member.

Serious case reviews are not a part of any disciplinary enquiry or process, but information that emerges in the course of reviews may indicate that disciplinary action should be taken under established procedures. Alternatively, reviews may be conducted concurrently with disciplinary action.

In some cases (e.g. alleged institutional abuse) disciplinary action may be needed urgently to safeguard other children.

Where a child dies in a custodial setting (prison, young offender institution or secure training centre) the Prisons and Probation Ombudsman investigates and reports on the circumstances surrounding the death of that child. The investigation examines the child's period in custody, including an assessment of the clinical care they received. The report would normally be made available to assist any serious case review process.

Appendix 1 provides guidance on the preparation of management reviews, to help ensure that the relevant questions are addressed. The questions posed do not comprise a comprehensive checklist relevant to all situations.

Each case may give rise to specific questions or issues which need to be explored, and each review should consider carefully the circumstances of individual cases and how best to structure a review in the light of those particular circumstances.

Appendix 2 illustrates the standard format to be used to provide information to the LSCB in a consistent manner to help preparing an overview report.

Overview Report

The LSCB will commission an overview report which brings together and analyses the findings of the various reports from agencies and others, and which makes recommendations for future action.

This report should be commissioned from a person who is independent of all the agencies/professionals involved.

The LSCB overview report should bring together and relate the information and analysis contained in the individual management reviews, together with reports commissioned from any other interests.

The LSCB overview report should bring together and draw overall conclusions from the information and analysis contained in the individual management reviews, information from the child death review processes, together with reports commissioned from any other relevant interests.

Overview reports should be produced according to the outline format in Appendix 3 although, as with management reviews, the precise format will depend upon the features of the case. This outline will be most relevant to abuse or neglect which has taken place in a family setting.

Executive Summary

In all cases, the LSCB overview report should contain an executive summary that will be made public.

This should include as a minimum:

The content will need to be suitably anonymas in order to protect the confidentiality of relevant family members and others.

The LSCB Receipt and Discussion of the Overview Report

On receiving an overview report the LSCB should:

ensure that contributing agencies and individuals are satisfied that their information is fully and fairly represented in the overview report;

translate recommendations into an action plan, which should be endorsed and signed up to at a senior level by each of the agencies involved. The plan should set out by what means improvements in practice/systems will be monitored and reviewed;

the points in the action plan should be prioritised in terms of impact upon practice compared to cost of implementation, be achievable and realistic;

clarify to whom the report, or any part of it, should be made available;

disseminate report or key findings to interests as agreed, make arrangements to provide feedback and de-briefing to staff, family members of the subject child, and the media, as appropriate;

provide a copy of the overview report, executive summary, action plan, integrated chronology and individual management reports to OfSted and a copy of the overview report to the DfES Safeguarding Unit., and make the executive summary available through the LSCB web pages.

Reviewing Institutional Abuse

When serious abuse takes place in an institution, or multiple abusers are involved, the same principles of review apply but reviews are likely to be more complex, on a larger scale, and may require more time. Terms of reference need to be carefully constructed to explore the issues relevant to the specific case. For example, if children had been abused in a residential school, it would be important to explore whether and how the school had taken steps to create a safe environment for children, and to respond to specific concerns raised.

There needs to be clarity over the interface between the different processes of investigation (including criminal investigations); case management, including help for abused children and immediate measure to ensure that other children are safe; and review, i.e. learning lessons from the case to lessen the likelihood of such events happening again. The different processes should inform each other. Any proposals for review should be agreed with those leading criminal investigations, to make sure that they do not prejudice possible criminal proceedings.

Accountability and Disclosure

LSCBs will need to consider carefully who might have an interest in reviews - e.g. the coroner, the CPS, elected and appointed members of authorities, staff, members of the child's family, the public, the media - and what information should be made available to each of these interests. There are difficult interests to balance, among them:

It is important to anticipate requests for information and plan in advance how they should be met.

For example, a lead agency may take responsibility for debriefing family members, or for responding to media interest about a case, in liaison with the LSCB, contributing agencies and professionals.

The LSCB should ensure that the SHA and the OfSted are briefed, so that they can work jointly to ensure that the Department of Health and the Department for Education and Skills respectively are fully briefed in advance about the publication of the executive summary.

Learning Lessons Locally

South West LSCBs recognises that Case Reviews are likely to be of little value unless lessons are learned from them. The following will be relevant in helping that maximum benefit is gained from the review process.

The review should be conducted, as far a possible, in such a way that the process is a learning exercise in itself, rather than a trial or ordeal;

Consideration should be given to what information needs to be disseminated, how and to whom, in the light of a review. Examples of both good practice and areas where change is required should be communicated.

Recommendations should focus on a small number of key areas, with specific and achievable proposals for change and intended outcomes.

PCTs should seek feedback from SHAs, who should use it to inform their performance management role.

The role of training and staff development should be identified in all reports.

The LSCB should carefully audit action against recommendations and intended outcomes.

Feedback on review reports should be sought from OfSted and this should be shared and followed up as indicated. OfSted still use reports to inform inspections and performance management.

Learning Lessons Nationally

The DfES is responsible for identifying and disseminating common themes and trends across review reports, and acting on lessons for policy and practice. Thy will commission overview reports at least every two years, drawing on key findings of serious case reviews and their implications for policy and practice.

Appendix 1

Individual Management Reviews

What Was Our Involvement with This Child and Family?

Construct a comprehensive chronology of involvement by the organisation and/or professional(s) in contact with the child and family over the period of time set out in the review's terms of reference.

This chronology should be prepared according to the format and guidelines provided by the LSCB.

Names should be suitably anonymised throughout as outlined within the guidelines.

There should be a brief summary of:

Analysis of Involvement

What Do We Learn From This Case?

Recommendations for Action

What action should be taken by whom, and by when? What outcomes should these actions bring about, and how will the organisation evaluate whether they have been achieved?

APPENDIX 2 - Example of Management Report

Serious Case Review: Jill Bloggs, dob (--/--/--)

Individual Management Review – Organisation

Case Details

Jill was found dead on 12/1/-- at 12 The Street, South West.

She was accommodated in temporary accommodation under the provisions of the homelessness legislation in November 20--.

At the time of Jill's death her family home was at 13 The Road where her mother, father and younger brother resided.

Family Members:

Jill Bloggs   d.o.b. 26.6.--  subject white british

Andrew Bloggs  d.o.b. 21.1.--  brother white british

Barbara Bloggs  d.o.b. 05.5.--  mother white british

Craig Bloggs  d.o.b. 09.7.--  father  white british

Genogram

image\ebx_382991226.gif

Nature of incident/circumstances leading to decision to hold Serious Case Review

The reasons for undertaking this review are that

Jill's death gives rise to concerns about the degree to which neglect, by her parents and/or by services, may have been a factor.

The case gives rise to concerns about inter-agency working to protect children.

(detail taken from terms of reference as drawn up by panel)

Scope of Management Review

The review will consider the period between April 1999 and 12 January 20--. It will include information on Jill's brother.

Conduct of Management Review

Summary of Chronology

Key Issues

Lessons learned

Recommendations

Prepared by: (Name)

   (Job Title)

 

   Signed: _____________________

 

Agreed by: (Name)

   (Job Title)

 

   Signed: _____________________

 

APPENDIX 3 - LSCB OVERVIEW REPORT

Introduction

Summarise the circumstances that led to a review being undertaken in this case.

State terms of reference of review.

List contributors to the review and the nature of their contributions (e.g. management review of LEA, report from adult mental health service). List review panel members and author of overview report.

The Facts

Prepare a genogram showing membership of family, extended family and household

Compile an integrated chronology of involvement with the child and family on the part of all relevant agencies, professionals and others who have contributed to the review process. Note specifically in the chronology each occasion on which the child was seen and the child's views and wishes sought or expressed.

Prepare an overview which summaries what relevant information was known to the agencies and professionals involved, about the parents /carers, any perpetrator, and the home circumstances of the children.

Analysis

This part of the overview should look at how and why events occurred, decisions were made, actions taken or not. This is the part of the report in which reviewers can consider, with the benefit of hindsight, whether different decisions or actions may have led to an alternative course of events. The analysis section is also where any examples of good practice should be highlighted.

Conclusions and Recommendations

This part of the report should summarise what, in the opinion of the review panel, are the lessons to be drawn from the case and how those lessons should be translated into recommendations for action. Recommendations should include, but not be limited to, the recommendations made in individual agency reports.

Recommendations should be:

If there are lessons to national, as well as local, policy and practice these should also be highlighted.