The Appeal Procedure should only be used for appeals regarding decisions on whether to put a child/young person’s name on the Child Protection Register.
Complaints against specific agencies/professionals, as well as their performance and provision (or non-provision) of services, will not be addressed in the appeals process. They should be addressed following the applicable agency’s complaints procedure (the Child Protection Registration Appeals Process is separate from the Children Order Representation and Complaints Procedure).
All complaints about the Child Protection Case Conferences should be addressed to the relevant HSC Trust via the HSC Complaints Procedures.
Persons Eligible to Appeal
A parent, someone with parental responsibility, or a person who was invited as the main caregiver for a kid/young person who has been subjected to a Child Protection Investigation and Case Conference are all examples of people eligible to apply.
The decision may be appealed by children/young people, according to their age and capacity, who has been the subject of a Child Protection Investigation and Case Conference.
Criteria for Appeal
- The SBNI Regional Child Protection Policy and Procedures in connection with the Child Protection Case Conference were not followed, resulting in significant consequences for the decisions and outcome of the Child Protection Case Conference.
- Many of the facts that were presented to the Child Protection Case Conference were incorrect, incomplete, or insufficiently studied in the decision-making process;
- The registration/de-registration threshold was not met;
- The category of registration was incorrect.
Process for Appeal
The appeal process cannot change a Child Protection Case Conference decision and the decision rendered by the Child Protection Case Conference during an appeal remains in force. The Child Protection Plan will be continued until the conclusion of the appeal, as well as any subsequent re-convened Child Protection Case Conference.
In this process, the appellant may be assisted by a supporter or friend at any time. If this is the case, the Chairperson should be notified in advance of the meeting and will take into account whether or not the suggested support arrangement is appropriate.
It is mentioned in the Practice Guidance for Supporting People in Child Protection Case Conferences, Looked After Children Reviews, and Family Support Planning Meetings (CSIB, 2014), that suitable support persons must be chosen and their access to the child/young person’s/parent/carer’s personal information addressed. If an appointed support person is not
Special care must be taken with children/young people who may not be as fluent or capable of comprehending the procedure, and who might require a champion.
Stage One – Initial
Staff involved:
- Child Protection Case Conference Chairperson;
- Team Manager/Senior Social Worker(s) who were in attendance at the Conference;
- Case Co-ordinator.
If you disagree with a Child Protection Case Conference’s decision on registration or de-registration, you may appeal to the Case Coordinator. The chair of the Child Protection Case Conference will hear your complaints.
Within 15 days of the Child Protection Case Conference, any appeal of the decision should be submitted in writing to the Child Protection Case Conference Chairperson.
The Child Protection Case Conference Chairperson should acknowledge the appeal request in writing within 3 working days and organize a meeting to attempt resolution within 5 working days from the date of receipt
The purpose of this meeting is to:
- Allow the parent/carer (and child/young person, if appropriate) to express their objections and reasons for appealing the decision.
- Provide the opportunity to discuss the reasons for the decision;
- Advice about other complaints procedures, where relevant; and
- When issues are unresolved, the parent is allowed to seek a quick solution by requesting that the decision to reconvene a Child Protection Case Conference be made.
The Chairperson should confirm in writing the points of appeal addressed, the conclusion of the meeting, and any actions agreed within 3 working days of the meeting. If there is no acceptable settlement, you have the right to proceed to Stage Two of the procedure if you receive a letter like this.
The HSC Trust Assistant Director of Safeguarding should be notified of the result of Stage One as soon as possible and be given a copy of the appeal letter.
Stage Two – Appeal Panel
The appellant has five working days from the date of notification to file a complaint with the Assistant Director HSC Trust (Safeguarding), stating that he or she wishes to proceed to Stage Two.
Timeframe for Appeal Panel to be Held
The Assistant Director will oversee establishing a Panel within 10 working days after receiving notification from the appellant to proceed to Stage Two of the appeal process.
Chair of the Panel
A person with experience and understanding of the Child Protection Case Conference procedure will be chosen as Chairperson of the Appeal Panel.
Membership of the Panel
Two senior managers from agencies other than the Chairperson of the Appeals Panel’s would be ideal, as they would have insight and expertise into the Child Protection Case Conference process.
A Social Services member must be on the Appeal Panel. No appeal panel member should have been a part of the Child Protection Case Conference that prompted the appeal.
The HSC Trust will provide a minute-taker.
The Panel will:
- You will receive all of the written information, including – all correspondence connected to the appeal; Case Conference reports and minutes; meeting minutes from Stage One; any submitted papers by the appellant
- If possible, reach out to the parent (and child/young person, if applicable)
- Interview the Child Protection Case Conference, Chairperson.
- if you’re interested in attending a Child Protection Case Conference, check the schedule for dates and locations.
- Reach a decision and recommendation about the appeal and state the reasons for this.
The outcome of the Appeal Panel
The Appeal Panel has no power to reverse a Child Protection Case Conference decision.
The Appeal Panel Chairperson will send a letter to the parent informing them of the panel’s recommendations and reasons, which will be copied to the Assistant Director (Safeguarding) within 5 working days of the appeal panel being convened.
A Case Conference will be convened if a hearing is required by law, unless and until the Appeal Panel decides otherwise. The Assistant Director will provide the Chairperson for the reassembled Child Protection Case Conference with relevant information from the Appeal Panel meeting.
Appeal Upheld
It is the responsibility of the Panel Chairperson to notify the Assistant Director for Safeguarding, as soon as possible, to allow for a re-convened Child Protection Case Conference within 15 business days of receiving notice of appeal.
The Chairperson of the reconvened Child Protection Case Conference must inform all those in attendance at the start of the reconvened Child Protection Case Conference about the Appeal Panel’s decision. The previous Case Conference report will be considered, as well as any additional information related to appeal criteria.
The decision of the reconvened Child Protection Case Conference will be final and recorded in a minute – these will be emailed to all parties involved within 15 working days. The minute record of the reconvened Child Protection Case Conference will be kept in the child/young person’s and parent’s/carer’s file – paper or electronic.
If the decision is made to have the youngster’s name put on the Child Protection Register, it must be updated as soon as possible after the reconvened Child Protection Case Conference, within one working day. The change in records must be noted on the electronic record.
Appeal Not Upheld
The Appeal Panel’s decision is final.
The Chairperson of the Panel will advise the appellant on their rights to contact the Northern Ireland Public Services Ombudsman, the Commissioner for Children, or seek legal assistance if they are dissatisfied with the outcome of this procedure.
Records
All records relating to the appeal must be stored in the child/young person’s and parent/carer’s files, along with other records regarding child protection – both paper and electronic.
Learning
The Chairperson of the Appeal Panel will communicate any identified learning points with the Assistant Director of the relevant department; the Safeguarding Panel’s Chairperson will share any multi-agency lessons learned with her; and any regional multi-agency learning experiences with her counterpart on the SBNI.
For help with pre-proceedings or for more information about the child protection system, please contact Wilson Browne Solicitors.
