Leaving Care

Children Act 2004

The Children Act 2004 does not replace or even amend much of the Children Act 1989. Instead it sets out the process for integrating services for children so that every child can achieve the five outcomes laid out in the green paper 'Every Child Matters', i.e:

be healthy
stay safe
enjoy and achieve
make a positive contribution
achieve economic well-being.

Besides creating the post of Children's Commissioner for England, the Children Act 2004 places a duty on local authorities to appoint a director of children's services and an elected lead member for children's services who will be ultimately accountable for the delivery of services. It places a duty on local authorities and their partners (including the police, health service providers and the youth justice system) to cooperate to promote the wellbeing of children and young people and to make arrangements to safeguard and promote the welfare of children. It includes a power to set up a new database with information about children and Local Safeguarding Children Boards (LSCB’s) to replace Area Child Protection Committees with statutory membership from ‘Board Partners’. This puts the new LSCB’s on a statutory footing. The Act also provides a framework for inspection and joint area reviews. If authorities are deemed to be failing then new powers of intervention are also provided.A duty to promote the educational achievement of looked after children is also highlighted as a key area for authorities to prioritise and demonstrate they are doing all that they can to raise the educational attainment of looked after children (LAC) within their authority. Section 52 of the Children Act 2004 places a new duty on local authorities to promote the educational achievement of LAC. The duty is designed to ensure that local authorities take particular account of the educational implications of any decision they take about the welfare of children they are responsible for looking after. The duty applies to all LAC including those placed out of the authority. All children and young people who require integrated support from more than one practitioner should experience a seamless and effective service. It is proposed that this will be delivered most effectively when one practitioner – a ‘lead professional’ - takes a lead role to ensure that front line services are co-ordinated, coherent and achieve the intended outcomes. It is likely that looked after children and care leavers will require a lead professional to coordinate the services a young person and their family may need.

What is the role of a lead professional?

The lead professional is not a new role. Instead, they will deliver three core functions as part of their work, act as a single point of contact for the child or family, coordinate the delivery of the actions agreed and reduce overlap and inconsistency in the services received. A lead professional is accountable to their home agency for the delivery of the lead professional functions. They are not responsible or accountable for the actions of others.

Who will lead professionals work with?

Lead professionals will work with children and young people with additional, (including complex) needs who require an integrated package of support from more than one practitioner.

Who should be the lead professional?

The role of lead professional can be taken on by many different types of practitioners in the children’s workforce, as the skills, competence and knowledge required to carry out the role are similar regardless of professional background or job. The role is defined by the functions and skills, rather than by particular professional or practitioner groupings.

What skills and knowledge are required in a lead professional?

Lead professionals need the knowledge, competence and confidence to:· develop a successful and productive relationship with the child and family, and to communicate without jargon, organise meetings and discussions with different practitioners, use a ‘Common Assessment Framework’ to develop support plans based on the ‘Every Child Matters’ outcomes, co-ordinate the delivery of effective early intervention work and ongoing support and work in partnership with other practitioners to deliver the child’s or young person’s support plan. The statutory guidance on the Children Act 2004 (S10 - interagency co-operation and S11 - safeguarding and promoting the welfare of children) sets out clear expectations for the implementation of the lead professional role.