Tower Hamlets Council Constitution

Tower Hamlets Constitution

Tower Hamlets Council Constitution

Version 11.5.0.0 • Last updated 2026-03-18 • Download PDF

PART E: Committees and Joint Arrangements

Chapter 32: Other Joint and Local Bodies

Section 32.1: Regional Adoption Panel Terms of Reference and Procedures

Subsection 32.1.1: Adoption Panel Terms of Reference

Summary Description: All adoption decisions for relinquished children and matches for children are considered by the Adopt London East (ALE) Adoption Panel, with whom Tower Hamlets works in partnership alongside three other boroughs as a Regional Adoption Agency. ALE assesses and approves adopters via this panel.

Membership:
ALE maintains a list of persons who are considered by it to be suitable to be members of an adoption panel “The Central list”

It must include:-

  1. One or more social workers who have at least three years relevant post-qualifying experience.

  2. The medical adviser to the adoption agency

Responsibilities

Delegation of Functions

The panel is responsible for the following in relation to recommendations to the Tower Hamlets Agency Decision Maker:

To make adoption decisions for relinquished children.

To make recommendations in relation to a ‘match’ of an adopter with a child. The adoption panel makes a considered recommendation, taking in to account all of the relevant information sent through to them. The relevant documentation is sent out to the panel members at least five working days in advance of the actual panel date.

To make a fresh recommendation if a case is referred back to panel following an applicant being considered unsuitable and where they make representations to the agency.

To consider a brief report when the assessing social worker is recommending that the applicant’s assessment should be terminated.

To consider the reviews of approved adopters where they may be considered no longer suitable to adopt, and to follow the process set out in AAR 29.4

Give advice and make recommendations on any other matter or case as appropriate.

In addition the panel has the following duties and functions:

A quality assurance function reporting back to the agency every six months in relation to the assessment process and the quality of reports being presented to the panel, including checking whether the requirements of the Restrictions on the Preparation of Adoption Reports Regulations 2005 are being met. In particular, monitoring and review of the work carried out by assessors: to provide feedback; to identify problems; and to ensure there is a consistency of approach in assessment across the service, and that assessment is fair to all applicants and has been completed in a thorough and rigorous way.

Monitoring the range and type of adopters available to Tower Hamlets in comparison with the needs of children requiring adoptive placements and monitoring time scales according to set standards. Where these timescales have not been met, recording accurately the reason for delay.

Ensuring the written minutes of panel meetings are accurate and informative, and clearly cover the key issues and views expressed by panel members. The minutes should record the panel’s recommendation, the reasons for its recommendation and its advice. The panel chair is responsible for checking the accuracy of the minutes, ensuring they are sufficiently full, and give the actual recommendations from the panel meeting.

Exploring the support offered to adopters and post- and pre-placement children and making recommendations accordingly

None

Quorum:
From the central list the agency must appoint:-

  1. A person to chair the panel, who is independent of the agency,

  2. One or two people as vice-chairs, who may act as chair if necessary

Additional Information:

  • Supplementary Documents Pack, S14 (Adoption Panel Meeting Procedure Rules)

Subsection 32.1.2: Adoption Panel Procedures

THE ADOPTION PANEL – PROCEDURES AND GUIDANCE

Legislation

  1. The Adoption and Children Act 2002

  2. The Adoption Agencies Regulations 2005 (AAR)

  3. Adoption Agencies & Independent Review of Determinations (Amendment) Regulations 2011 (AIR)

  4. Care Planning, Placement and Case Review Regulations 2010

Guidance

  1. Statutory Adoption Guidance 2011 (SG)

Standards

  1. Adoption National Minimum Standards 2011 (NMS)

Applies to

  • The Panel Chairperson and Panel Members to guide their practice and decision-making; Social Workers presenting assessments, reviews and recommendations to the panel; Managers within the Adoption Service; and the agency decision-maker

Panel Status

This panel should be considered as an adoption panel under Regulation 4 of the AIR Paragraph 1 of the Adoption and Children Act 2002. It is a requirement for all adoption agencies to have an adoption panel.

The Adoption Panel is regulated by the Adoption and Children Act 2002

Values

The service operates within the following value framework:

  1. Children are entitled to grow up as part of a loving family, which can meet their needs during childhood, and beyond.

  2. Where possible it is best for children to be brought up by their own family.

  3. The child’s welfare, safety and needs will be at the centre of the adoption process.

  4. The child’s wishes and feelings will be actively sought and fully taken into account at all stages.

  5. Delays in adoption can have a severe impact on the health and development of children and will be avoided wherever possible.

  6. Children’s ethnic origin, cultural background, religion and language will be fully recognised and positively valued and promoted when decisions are made.

  7. The particular needs of disabled children will be fully recognised and taken into account when decisions are made.

  8. The role of adoptive parents in offering a permanent family to a child who cannot live with their birth family will be valued and respected.

  9. Adoption has lifelong implications for all involved and requires lifelong commitment from many different organisations, professions and individuals who have to work together to meet the needs for services of those affected by adoption.

  10. The adoption agency make quality and appropriate recommendations, and the adoption agency decision maker ensures that appropriate and child-focused decisions are made that positively promote and safeguard the welfare of children up to the age of majority and beyond.

Panel Responsibilities

The panel is responsible for the following in relation to recommendations to the Tower Hamlets Agency Decision Maker:

  1. To consider each application of adopters for approval and to recommend whether or not a person is suitable to act as an adoptive parent. (Where it recommends the approval of an application it can advise on the terms on which the approval is given). The panel has the added responsibility of being able to recommend the termination of the approval status of a prospective adopter.

  2. To make recommendations in relation to a ‘match’ of an adopter with a child. The adoption panel makes a considered recommendation, taking in to account all of the relevant information sent through to them. The relevant documentation is sent out to the panel members at least ten working days in advance of the actual panel date.

  3. To make a fresh recommendation if a case is referred back to panel following an applicant being considered unsuitable and where they make representations to the agency .

  4. To consider a brief report when the assessing social worker is recommending that the applicant’s assessment should be terminated.

  5. To consider the reviews of approved adopters where they may be considered no longer suitable to adopt, and to follow the process set out in AAR 29.4

  6. Give advice and make recommendations on any other matter or case as appropriate.

In addition the panel has the following duties and functions:

  1. A quality assurance function reporting back to the agency every six months in relation to the assessment process and the quality of reports being presented to the panel, including checking whether the requirements of the Restrictions on the Preparation of Adoption Reports Regulations 2005 are being met. In particular, monitoring and review of the work carried out by assessors: to provide feedback; to identify problems; and to ensure there is a consistency of approach in assessment across the service, and that assessment is fair to all applicants and has been completed in a thorough and rigorous way.

  2. Monitoring the range and type of adopters available to Tower Hamlets in comparison with the needs of children requiring adoptive placements and monitoring time scales according to set standards. Where these timescales have not been met, recording accurately the reason for delay.

  3. Ensuring the written minutes of panel meetings are accurate and informative, and clearly cover the key issues and views expressed by panel members. The minutes should record the panel’s recommendation, the reasons for its recommendation and its advice. The panel chair is responsible for checking the accuracy of the minutes, ensuring they are sufficiently full, and give the actual recommendations from the panel meeting.

  4. Exploring the support offered to adopters and post- and pre-placement children and making recommendations accordingly

Time Scales

Tower Hamlets is committed to minimising delay in all aspects of its adoption service. We are committed to meeting the following time scales:

  • All necessary information is provided to panel members at least five working days in advance of panel meeting to enable full and proper consideration.

  • Minutes must be produced promptly, agreed by the panel members and sent to the agency decision maker (ADM) to allow the decision to be made within seven working days of the receipt of the panel’s recommendation and final set of panel minutes.

The Prospective Adopters:

  1. Within two working days written information sent in response to their enquiry. (NMS allows five working days)

  2. Within two months , a home-visit is undertaken / a follow up interview with a social worker takes place and/or an invitation to an information meeting is offered.

  3. Within six weeks from the completion of their assessment report, the adoption panel should receive all necessary information from the agency.

  4. Within eight months of the receipt of their formal application the panel should make a considered recommendation on the suitability of a prospective adopter to adopt. A determination about their suitability to adopt should be made by the agency, following the adoption panel’s considerations and recommendation.

Matching and Placement:

The following time-scales should be adhered to, taking into account the individual child’s needs:

  1. Within six months of the Agency Decision Maker deciding that the child should be placed for adoption, a match with suitable adoptive parents should be identified and recommended by the panel.

  2. Within three months of the agency deciding that the child should be placed for adoption, where a parent has requested that a child aged less than six months be placed for adoption, a match with suitable adoptive parents should be identified and approved by the panel

Where Tower Hamlets fails to meet these time scales the panel can explore the reasons with the presenting social workers and record the reasons in the written minutes of the panel.

Membership

The agency “Must maintain a list of persons who are considered by it to be suitable to be members of an adoption panel “.The Central list

It must include:-

  1. One or more social workers who have at least three years relevant post-qualifying experience.

  2. The medical adviser to the adoption agency

From the central list the agency must appoint:-

  1. A person to chair the panel, who is independent of the agency,

  2. One or two people as vice-chairs, who may act as chair if necessary

Members of the central list must have the appropriate qualifications and/or experience to consider the cases submitted to the adoption panel.

Guidance suggests that the agency decides how many panel members should be present at each panel meeting.

There is no tenure requirement, however within Tower Hamlets membership of the central list will be re-considered after three years (in addition to annual appraisal). The central list will contain a diverse group of people and who reflect the community.

Tower Hamlets has a core group of ten panel members, in addition there is also the Legal Adviser, Panel Adviser, and Panel Administrator.

Chair

This person must have the “Skills and experience” necessary to chair. The most significant qualities being –

  1. A sound understanding of the adoption process.

  2. The authority and competence to chair a panel.

  3. The ability to analyse and explain complex information.

  4. The ability to identify key issues, problems and solutions.

  5. Excellent interpersonal, oral and written communication skills.

Social Work Members

Who have at least three years relevant post qualifying experience. This should be in child care work and direct experience of adoption work.

Elected Members

Whilst there is no requirement to have someone in this role, the London Borough of Tower Hamlets has two elected members on its central list. Wherever possible this person should be a member of the Corporate Parenting Group

Medical Adviser

  1. This is a requirement for the agency to include on its central list, the medical adviser to the adoption agency

  2. The medical adviser also contributes to the paper work considered by the panel.

  3. A summary on the child’s health which forms part of the child’s permanency report. This is sent with the CPR to the Agency Decision Maker as a Medical Report.

  4. A summary on the prospective adopters’ health which forms part of their report for panel

  5. The medical adviser should also be consulted when the agency prepares the adoption placement report about a match for panel

Independent Panel Members

Suitable members could include specialist in education, child and adolescent mental health, race and culture, and those with personal experience of adoption

Vice Chair

The agency should appoint one or two people from the central list to be vice chairs. There is no requirement for the vice chairs to be independent of the agency

Agency Adviser to the Panel

The agency must appoint a senior member of staff to act as agency adviser. Their role is to:-

  1. Maintain the central list and constitution of adoption panel.

  2. Be responsible for training and induction for new members to the central list

  3. Act as liaison between the agency and the adoption panel, monitor performance of members and the administration of panel

  4. To provide advice and guidance on cases presented to panel

The Agency Adviser must be a social worker with at least five years relevant post qualifying experience. The adviser is not a panel member and cannot take part in the decision making process.

Legal Adviser

Whilst it is not a requirement for the agency’s legal adviser to be a panel member, this is the case within Tower Hamlets. The role of the legal adviser is -

  1. To provide legal advice in the form of a Legal Report to the Agency Decision Maker in relation to the case, when the ADM is considering adoption as the plan for a child.

  2. When considering the suitability of adopters or a match the panel may obtain legal advice as necessary in relation to the case.

The Panel Administrator

The role of the Panel Administrator is to:

  1. Produce an annual schedule of meetings

  2. Maintenance of a panel booking system

  3. Preparation of agendas

  4. Collate CPR’s Medical and Legal Reports for the ADM.

  5. Collate, copy and send all papers to the panel within the set time scales.

  6. Liaise with the panel adviser in relation to the practical arrangements for the panel.

  7. To ensure quorum for Panel

  8. Take minutes of the discussion within the panel on each topic or case presented.

  9. Clearly record any decisions as dictated by the Panel Chair.

  10. To type up and circulate minutes within agreed time scales.

  11. To record any amendments of panel minutes as directed by the Panel Chair.

The Panel Administrator will be situated and line managed within the adoption service.

Appointment of Members

New members can only be appointed with consent from Divisional Director Children’s Social Care.

Prior to appointment they should be interviewed and receive detailed briefing and written guidance from the panel adviser.

Performance

If Tower Hamlets considers that any member of the adoption panel is unsuitable or unable to remain in office we will terminate their period of office in writing. This can only be done with agreement from Director Children’s Social Care (Supporting Families).

The panel’s professional adviser is responsible for maintaining records and checks of all panel members. Prior to appointment, each prospective member should be inducted and formally interviewed to ensure they understand their role, task and responsibilities. If required the panel adviser should advertise for appropriate members.

Guidance requires each panel member’s performance to be reviewed annually, by way of an appraisal. This will be conducted by the Agency Adviser to the panel and the Panel Chair

The Chair’s performance will be conducted by the ADM, who may attend some panels as an observer, to enable them to do the review.

Evaluation forms are provided to social workers and other attending panel in order to ensure quality assurance.

Appointment and Checks for Panel Members

All prospective panel members must have a completed Disclosure and Barring Service (DBS) check. They should provide photographic identification in the form of a passport or drivers licence.

They should also provide two written references of people who have known them for more than five years.

Induction for those joining the central list should be completed within ten weeks of joining the list, not within ten weeks of attending their first panel meeting.

All those on the central list need to be given the opportunity to attend a training day with agency’s adoption staff annually. The expectation of attending this should be included in their written undertaking.

In addition to the annual training all those on the central list need access to appropriate training.

Reaching a Recommendation

The Adoption Panel cannot sit unless they are quorate. To be quorate the following must meet as a panel:-

  1. The Chair or Vice Chair.

  2. The panel must also have a social worker, (with three years post-qualification experience),

  3. Three other members. If the chair is not present and the Vice Chair who is chairing the meeting is not independent of the agency, at least one of these members must be an independent person.

During meetings the Chair should ensure that each panel member has an opportunity to raise any appropriate matter, comment and to participate fully. Following discussion each member should be asked in turn whether or not he/she supports a proposed recommendation. An attempt should be made by the chairperson to facilitate the panel reaching a consensus. This will not always be possible.

It is the Panel Chair’s role to ensure that panel members take a consistent approach. Often, an evenly divided panel will suggest that that there is sufficient doubt to prevent the panel making a confident recommendation. In a matching recommendation the balance of the panel’s recommendation should always favour the best interest of the child. If the panel cannot reach a consensus the panel chair has a casting vote.

Where there is a serious difference of opinion amongst members, the chairperson may ask for more information to be made available to the panel before a recommendation is made. The panel chair should ensure a record of significant reservations expressed by individual panel members is made within the minutes .

In the event of the majority of the panel not supporting a recommendation then the recommendation should not be made and the reasons clearly recorded.

The Agency Decision-Maker ( For further reference see SG3 67-69)

No panel member may take part in the agency decision.

In Tower Hamlets the agency decision-maker is the Director Children’s Social Care (Supporting Families). In the absence of the Director Children’s Social Care the Service Manager, Child Protection & Reviewing will act as their deputy.

The Director Children’s Social Care (Supporting Families) (the Agency Decision Maker) should receive the panel papers prior to the panel considering them. In the case of CPR’s these should be provided by the panel clerk with the Medical and Legal reports, plus other documentation as agreed by the Panel Adviser within the same timetable for other panel papers. The agency’s decision maker must make the decision within seven working days of receipt of the panel’s recommendation and final set of panel minutes. (The same time frame exists for decisions relating to CPR’s.) These must have been produced promptly and a hard copy be given to the ADM by the panel clerk. Prior to making a decision the agency decision-maker may meet/ seek clarification on any of the panel processes or recommendations from either the Panel Chair or Adviser .

The agency decision must be communicated to the birth family member and prospective adopters orally within two working days of the agency decision and in writing within five working days. The oral notification should be given to the birth family by the child’s social worker and by a PAST social worker in the case of prospective adopters.

If the agency decision-maker considers that a person is not suitable to act as an adopter they shall:

  1. Write to them giving notice that they propose not to approve him/her, together with full and detailed reasons for the determination.

  2. Invite him/her to make any written representations within forty working days of the decision.

In the event of receiving no written representations then the decision will be confirmed.

In the event of written representations being made, the ADM may invite the prospective adopter to meet to discuss their case.

The ADM may instead refer the case to the next possible Adoption Panel for consideration with the original panel papers. The prospective adopter must be invited to this panel. The panel should then make a further recommendation to the agency decision-maker. The agency decision-maker will then write to the adopter either a) giving approval or b) giving written reasons for the decision not to approve.

In the event of a decision not to approve then the person it concerns should be further advised of the Complaints procedure and given information about the Independent Review Mechanism

The panel cannot make any in principle recommendations.

Panel Minutes

These must be taken by the Panel Clerk and meet the following stipulations:

  1. Be a full and accurate summary of any discussion within the panel.

  2. Be agreed and signed off by the Panel Chair as accurate.

  3. Clearly record any differences of opinion in relation to a panel recommendation.

  4. Record recommendations and advice accurately as dictated by the Panel Chair.

Training should be available to the panel clerk to assist them in taking accurate minutes. In their absence another suitable experienced administrator will be required to cover.

Expenses

Those independent members who are not employed by a partner organisation should receive an expense payment of £100 plus travel per panel. This is paid by the London Borough of Tower Hamlets payroll.

Frequency and Venue

The Adoption Panel will meet twelve times a year usually for a period of not more than four hours. It will be held at a suitable venue with an appropriate waiting area for Social Workers and applicants.

Emergency Panels

An emergency Permanency Panel can be set up at any time providing it is quorate and is chaired by either the Panel Chair or the Vice Chair.

Feedback on Quality

Any member of the panel has two ways in which they can give feedback on the quality of assessments and work.

  1. Informally: Before, during or after panel the professional advisor who will take back the panel members’ feedback and use it to inform management practice.

  2. Formally: This can be put in writing to the Service Manager Children’s Resources via the panel chair or to the Director Children’s Social Care (Supporting Families).

Social Workers and Adopters Attending Panel

The Social Worker that has completed the assessment and/or their line manager must attend Panel. Adopters have the opportunity to attend Panel when their assessment is considered. The purpose of this is to:

  1. Demystify the Panel process and membership.

  2. Provide an opportunity for carers to make representations and ask questions.

  3. Questions should come only from the Panel Chair and should be designed only to seek clarification in areas not clear. They should not replace the written assessment as a way of gathering information.

  4. Their strengths should be highlighted where possible.

Adopters may also attend Panel if they are being recommended for a match with a particular child or children. Carers who wish to be matched to a child but have been turned down by Tower Hamlets may not attend

The Social Worker who has completed the assessment should answer questions that relate to the assessment. They should consequently come prepared to verbally support their assessment. A leaflet explaining the process to the carers attending the panel is available from PAST.

Training

Training for Panel members should come in three forms:

  1. A briefing/training session prior to starting as a panel representative.

  2. Attendance at an annual training day. When appropriate additional training days should be provided to panel members.

  3. Regular facilitated sessions/presentations or discussions at panel on subjects designed to ensure that the panel maintains the level of knowledge required to be effective.

The content of training should be defined by the panel itself and facilitated by the Panel Adviser.

Appeals

If the Applicants are not satisfied by the recommendation or are not in agreement, in addition to the information in the letter from the agency (SG3.65) they should be given a full explanation by their social worker and given information on what action they can take

  1. Follow the Tower Hamlets Complaints Procedure.

  2. Make representations to the agency in writing within forty working days of the receipt of the letter outlining the qualifying determination .

  3. Make an application to the Independent Review Mechanism (see link in letter from ADM and IRM leaflet). The applicant’s link worker may provide this leaflet.

Referral to the Adoption Register

The primary objective of PAST is to provide a service to the children who need permanent families with in the borough. In accordance with the adoption standards we aim to reduce the delay in matching children with the adoptive families approved by the team.

After a family has been approved at the panel the assessing social worker will actively search for a suitable match. The assessing social worker must advise the adopters about the National Adoption Register and refer the adopters to the register if no match is found within three months of the adopters’ approval

The referral form must be completed and sent to the National Adoption Register.

The adopters can now make a referral to the register and must be advised to do so.

Referral to the Consortium

The principal of no delay for children can only be achieved when resources are shared. This is the aim of the North East London Adoption Group. The PAST administration should send out a list of all adopters who have been approved to the consortium members on a monthly basis. It is the responsibility of the supporting social worker to ensure that the family’s details are given to the administration team to be made a part of the circulation as soon as they have been approved.

Section 32.2: The Channel Panel Terms of Reference

Summary Description: The Counter Terrorism and Security Act 2015 sets out the statutory duty on local authorities to provide support for people vulnerable from being drawn into terrorism. This duty is met through the Channel Panel.

Membership: The Panel is chaired by the local authority and comprises of the Deputy Chair, representatives from Adult Social Care, Children’s Social Care, the Metropolitan Police, East London NHS Foundation Trust, National Probation Service, National Health Service, and London Borough of Tower Hamlets Community Safety Service. Additional members to the Panel can also be appointed on an ad hoc basis.

Functions

Delegation of Functions

To identify individuals at risk of being drawn into terrorism, assess the nature of the risk and develop an appropriate safeguarding support plan for the individual concerned.

None

Commission relevant support services or other interventions for vulnerable individuals.

None

Identification and signposting to alternative forms of support including health care and social care services where Channel is not appropriate.

None

Provide a quality assurance function in relation to any commissioned supportive intervention.

None

Undertake reviews of casework in line with national policy.

None

Quorum: Three voting members including the Chair or Vice Chair and a panel member not employed by the local authority. All decisions are by way of a majority vote with the Chair holding the casting vote (as set out in the Channel Duty Guidance 2020)

Additional Information:

  • Counter Terrorism and Security Act 2015 and the Channel Duty Guidance 2020

Section 32.3: Children’s Social Care Complaint Review Panel Terms of Reference

Summary Description: The Children Act 1989 Representations Procedure (England) Regulations 2006 (‘the 2006 Regulations’) provides that local authorities are required to put in place systems for complaints to be made verbally to a member of staff or in writing about the actions, decisions or apparent failings of a local authority’s children’s social services provision. Complaints can be made by the child or young person and to allow any other appropriate person to act on behalf of the child or young person concerned or make a complaint in their own right.

Membership: The Panel consists of three independent people and independent means a person who is neither a member nor an officer of the Council, nor the spouse or civil partner of such a person. The Independent Person appointed to Stage 2 may not be a member of the Panel.

Functions

Delegation of Functions

Where Stage 2 of the complaints procedure has been concluded and the complainant is still dissatisfied, they will be eligible to request further consideration of the complaint by the Review Panel and the Review Panel should:

  1. listen to all parties;

  2. consider the adequacy of the Stage 2 investigation;

  3. obtain any further information and advice that may help resolve the complaint to all parties’ satisfaction;

  4. focus on achieving resolution for the complainant by addressing his clearly defined complaints and desired outcomes;

  5. reach findings on each of the complaints being reviewed;

  6. make recommendations that provide practical remedies and creative solutions to complex situations;

  7. support local solutions where the opportunity for resolution between the complainant and the local authority exists;

  8. to identify any consequent injustice to the complainant where complaints are upheld, and to recommend appropriate redress; and

  9. recommend any service improvements for consideration by the authority.

None

Quorum: All three independent members of the panel

Section 32.4: Private Fostering Panel Procedure

Summary Description: To consider private fostering arrangements and related issues.

Membership: The Panel can have up to ten Members including the Chair, Vice-Chair, medical representative, education representative, independent member, and agency member. Advisors to the Panel can also be appointed.

Functions

Delegation of Functions

To consider and be satisfied of the suitability of each private fostering arrangement and to recommend whether or not a person is suitable to act as a private foster carer. Where the suitability of a private fostering arrangement is agreed, to recommend the terms on which the agreement is given;

None

To make decisions to impose requirements or prohibitions and whether to refuse to consent to allow a person who is disqualified to privately foster a child/young person;

None

To give advice and make recommendations on any other matter or case that Tower Hamlets Private Fostering Service feels appropriate to recommend to it.

None

The private fostering panel will provide a quality assurance function in relation to the assessment process – in particular:

  • To monitor and review the work of the assessor;

  • To provide feedback;

  • To identify problems and concerns;

  • To ensure there is a consistency of approach in assessment processes across the service which is fair to all parties and has been completed in a thorough and rigorous way, (as indicated in The Children Act 1989 Guidance on Private Fostering and Tower Hamlets Protocol on Private Fostering Arrangements),

None

Quorum: Three voting members including a panel member not employed by the Children’s Directorate and also either the Chair or Vice Chair.

Section 32.5: Additional Guidance and Procedures

This guidance and procedure should be used by:

  1. The panel chairperson and panel members to guide their practice and decision-making;

  2. Social workers presenting private fostering assessments and recommendations to panel;

  3. Managers within the private fostering service;

  4. The agency decision maker.

Panel status

  1. To consider and be satisfied of the suitability of each private fostering arrangement and to recommend whether or not a person is suitable to act as a private foster carer. Where the suitability of a private fostering arrangement is agreed, to recommend the terms on which the agreement is given;

  2. To make decisions to impose requirements or prohibitions and whether to refuse to consent to allow a person who is disqualified to privately foster a child/young person;

  3. To give advice and make recommendations on any other matter or case that Tower Hamlets Private Fostering Service feels appropriate to recommend to it.

In addition, the panel should provide a quality assurance function, as set out in the National Minimum Standards for Private Fostering:

The private fostering panel will provide a quality assurance function in relation to the assessment process – in particular:

  1. To monitor and review the work of the assessor;

  2. To provide feedback;

  3. To identify problems and concerns;

  4. To ensure there is a consistency of approach in assessment processes across the service which is fair to all parties and has been completed in a thorough and rigorous way, (as indicated in The Children Act 1989 Guidance on Private Fostering and Tower Hamlets Protocol on Private Fostering Arrangements),

Membership

The panel can have up to ten members and will include:

Member 1 – The panel chair

This will usually be a person employed by the London Borough of Tower Hamlets who is independent of the direct line management of Tower Hamlets’ Private Fostering Service. This person should be someone with suitable skills and experience in order to chair a private fostering panel and make judgements concerning children and carers. They should also have a recognised social work qualification.

In Tower Hamlets, the panel chair will be the Service Manager for Child Protection & Reviewing Service. The chair will have particular responsibilities for:

  1. Deciding who will attend the panel, in addition to the panel members;

  2. Ensuring that all panel members participate fully and, where possible, a consensus is reached on decision making;

  3. Considering the status of panel members who appear to be unfit, unwilling or unable to continue;

  4. Deciding on panel member’s Involvement when a panel member declares an interest in a case;

  5. Deciding when a matter is urgent and when an additional panel meeting needs to be convened;

  6. Ensuring that the panel is clear about the reasons for its recommendations and that these are accurately recorded;

  7. Monitoring the attendance of panel members and ensuring that all panel members maintain an attendance level of at least 75% at all panel meetings;

  8. Ensuring an annual report summarising the work of the panel is written and presented to the LSCB and CSMT;

  9. Drawing to the attention of the Private Fostering Team Manager and where appropriate The Head of Children’s Social Care any issue of concern in relation the private fostering service;

  10. Ensuring that the panel works within all relevant Tower Hamlets’ policies and procedures.

Member 2 – The vice chair

This will be the Service Manager, Family Support and Protection and Private Fostering. The vice chair is to deputise for the panel chair in their absence.

Member 3 – A medical representative

This will be a Safeguarding Professional from the Primary Care Trust.

Member 4 - An education representative.

This will be a direct representative from education or someone who is involved in promoting the educational needs of children/young people.

Member 5 – An independent member

This will be an independent member who is registered with the GSCC and has the necessary skills and experience in private fostering to fulfil this role.

Member 6 – An Agency Member

This will be a person who has extensive experience of private fostering within an appropriately determined community.

Advisers

Adviser 1 – Legal adviser

The purpose of this post is to provide legal and regulatory advice to the panel and Tower Hamlets’ Private Fostering Service. In reaching a decision, the legal adviser’s view should be noted.

The Panel Administrator

The role of the panel administrator:

  1. Collate, copy and send all papers to the panel members within the set timescales;

  2. Liaise with the panel chair in relation to the practical arrangements for convening the panel and the time tabling of the panel agenda;

  3. Take minutes of the discussion within the panel on each topic or case presented;

  4. Clearly record any decisions as dictated by the panel chair;

  5. To word process and circulate any minutes within agreed timescales;

  6. To record any amendments of panel minutes as directed by the panel chair.

Appointment of members

New members can only be appointed with the agreement of the chair of the private fostering panel and could include professionals with expertise and experience in safeguarding children being cared for by alternative carers, housing law and policy, law enforcement, cultural, diversity and equality issues.

Prior to appointment, they should be inducted and receive a detailed briefing and written guidance from the panel chair or vice chair.

Tenure of office

Panel membership will be reviewed on an ongoing basis to reflect governmental policies, initiatives and the needs of the community. A private fostering panel member shall hold office for a term not exceeding three years, and will be reviewed by the panel chair after two consecutive terms to ensure their continued suitability to fulfil their panel membership role.

Checks for panel members

All panel members must have a completed Enhanced Criminal Records Bureau check and, where they are not employed by a partnership agency, they should also provide photographic identification in the form of a passport or driver’s licence.

Reaching a recommendation

The private fostering panel cannot sit unless it is quorate. To be quorate, there must be at least three voting members including a panel member not employed by the Children’s Directorate and also including either the chair or vice chair.

During meetings, the panel chair should ensure that each panel member has an opportunity to raise any appropriate matter, comment and to participate fully. Following discussion, each panel member should be asked in turn whether or not he/she is satisfied as to agreeing the suitability of the private fostering arrangement. An attempt should be made by the chairperson to facilitate the panel reaching a consensus. This will not always be possible.

An evenly divided panel will suggest that there is sufficient doubt about the suitability of a private fostering arrangement and at such times the panel’s decision will always favour the best interests of the child.

Where there is a serious difference of opinion amongst members, the chairperson may ask for more information to be made available to the panel before a decision can be made. The chairperson should ensure that a record is made in the panel minutes of any significant reservations expressed by individual panel members about a particular decision.

In the event of the majority of the panel not supporting a decision then the decision should not be made and the reasons for this clearly recorded.

The Agency Decision Maker

The panel chairperson will act as Agency Decision Maker and has the ultimate decision as to whether a private fostering arrangement is agreed as suitable or not. To facilitate this, the Agency Decision Maker may meet or seek clarification on any issue or process from any panel member or adviser.

The Agency Decision Maker will write to the private foster carer concerned within ten working days of the panel sitting detailing their decision.

If the Agency Decision Maker considers that a person is not suitable at that time to act as a private foster carer, he/she shall:

Write to them to let them know the reasons for this decision and detailing any actions(Requirements) they need to take before the arrangement can be agreed;

Invite them to make any written representations within twenty-eight (28) days of the decision.

In the event of written representations being made, then these should be referred to the next possible private fostering panel for consideration with the original panel papers. The panel will then make a further decision. The agency decision maker will then write to the private foster carer either a) giving agreement to the arrangement or b) giving reasons for the decision not to agree.

In the event of a decision not to agree, then the person concerned should be further advised of the complaints procedure and their right to appeal to the Family Proceedings Court.

Panel minutes

These must be taken by the panel administrator and meet the following stipulations:

  1. Be a concise and accurate summary of any discussion within the panel;

  2. Be agreed and signed off by the panel chair as accurate;

  3. Clearly record any differences of opinion in relation to a panel recommendation;

  4. Record recommendations accurately as dictated by the panel chair.

The panel clerk will be based in the Private Fostering Service.

Training should be available to the panel clerk to assist them in taking accurate minutes (if appropriate).

Expenses

Those independent members who are not employed by a partner organisation should receive an expenses payment.

Frequency and venue

The private fostering panel will meet monthly.

Emergency panels

An emergency private fostering panel can be set up at any time providing it is quorate and is chaired by either the panel chairperson or the vice chair. Where this is not possible, the Agency Decision Maker can make an emergency decision on any matter within the remit of the Private Fostering panel.

Training

Training for panel members should come in two forms:

  1. A briefing/ training session prior to starting as a panel representative.

  2. Regular facilitated sessions/presentations or discussions at panel on subjects designed to ensure that the panel maintains the level of knowledge required to be effective as the legislation and guidance changes.

Confidentiality

A confidentiality agreement is signed by all panel members.

Section 32.6: Safeguarding Adults Board

Subsection 32.6.1: Summary Description

The role of the SAB is to oversee and lead adult safeguarding across the locality with the aim of preventing abuse and neglect. This includes the safety of patients in its local health services, quality of local care and support services, effectiveness of prisons and approved premises in safeguarding offenders and awareness and responsiveness of further education services.

Subsection 32.6.2: Membership:

To comply with the Care Act 2004, there must be representation from the Local Authority, Local Clinical Commissioning Group and the Police. Exact current membership set out in the Board’s Procedures.

Subsection 32.6.3: Table of Functions

Functions

Functions: The SAB has three duties under the Care Act 2004

Delegation of Functions

1. It must publish a strategic plan for each financial year that sets how it will meet its main objective and what the members will do to achieve this.

None

2. It must publish an annual report detailing what the SAB has done during the year to achieve its main objective and implement its strategic plan, and what each member has done to implement the strategy as well as detailing the findings of any Safeguarding Adults Reviews and subsequent action.

None

3. It must conduct any Safeguarding Adults Review in accordance with Section 44 of the Act.

None

Subsection 32.6.4: Quorum

Is not based on numbers but on an adequate balance of representation. Including ensuring the meeting is complaint with the Care Act. The Safeguarding Adults Board/LD Strategy Manager and The Adult Safeguarding /MCA Manager must also be in attendance.

Subsection 32.6.5: Additional Information and Procedures

Introduction

The Care Act 2014 states that the Local Authority must take the leading role in establishing a Safeguarding Adults Board (SAB). Each local authority must set up a Safeguarding Adults Board (SAB). The main objective of a SAB is to assure itself that local arrangements are in place to safeguard any adult who:

  1. has needs for care and support (whether or not the local authority is meeting any of those needs); and

  2. is experiencing, or at risk of, abuse or neglect; and

  3. as a result of those care and support needs is unable to protect themselves from either the risk of, or the experience of abuse or neglect.

Purpose

The role of the SAB is to oversee and lead adult safeguarding across the locality with the aim of preventing abuse and neglect. This includes the safety of patients in its local health services, quality of local care and support services, effectiveness of prisons and approved premises in safeguarding offenders and awareness and responsiveness of further education services.

The SAB will be a source of advice and assistance in matters relating to adult safeguarding. It will therefore have effective links with other key partnerships in the locality and share relevant information and work plans.

Duties

The SAB has three core duties under the Care Act 2014:

  1. It must publish a strategic plan for each financial year that sets how it will meet its main objective and what the members will do to achieve this.

  2. It must publish an annual report detailing what the SAB has done during the year to achieve its main objective and implement its strategic plan, and what each member has done to implement the strategy as well as detailing the findings of any Safeguarding Adults Reviews and subsequent action.

  3. It must conduct any Safeguarding Adults Review in accordance with Section 44 of the Act.

Membership and Administration

To comply with The Care Act 2014, there must be representation from the following:

  1. The Local Authority

  2. The Local Clinical Commissioning Group (CCG)

  3. The Police

The Board will comprise of:

  • An Independent Chair

  • Representatives from London Borough of Tower Hamlets

    • A Councillor

    • Corporate Director, Health and Social Care

    • Service Manager for Policy, Programmes and Community Insight

    • Safeguarding Adults Board Manager

    • Director, Disability & Health

    • Adult Safeguarding Team

    • Commissioning

    • Joint Team Manager, CLDT

    • Community Safety

    • Children’s Social Care

  • NHS

    • Bart’s Health NHS Trust

    • East London NHS Foundation Trust

    • Tower Hamlets CCG

  • Metropolitan Police

    • Community Safety Unit

  • Probation Service

  • London Fire Service

  • London Ambulance Service

  • Care Providers / Service Users

    • Excelcare Holdings

    • Toynbee Hall

    • Mencap

    • Age UK

    • Tower Hamlets Council for Voluntary Services

    • PohWER

    • Toynbee Hall

    • Real

    • Healthwatch Tower Hamlets

  • Housing

    • Director of Neighbourhood Services

    • Providence Row Housing Association

    • Tower Hamlets Housing Forum

  • Quality Assurance

    • Care Quality Commission

  • Other possibilities representatives (as suggested by the Care Act Statutory Guidance Notes)

    • Department for Work and Pensions;

    • General Practitioners;

    • Representatives of further education colleges;

    • Members of user, advocacy and carer groups;

    • Representatives of children’s safeguarding boards; and

    • Trading Standards.

Representatives from other agencies / organisations may be invited to attend meetings for specific agenda items or may be co-opted for pre-determined periods.

The SAB shall be chaired by an independent Chairperson, recruited externally and appointed after interview by senior representatives from the Tower Hamlets Partnership (THP).

The quorum shall be based not on numbers but on an adequate balance of representation. To be quorate a meeting must be compliant with the Care Act and must therefore include members from the following “core” membership – the Chair, The Police, Local Authority Social Care Representatives, Local Clinical Commissioning Group representatives. In addition, it is locally agreed that to be quorate The Safeguarding Adults Board/LD Strategy Manager and The Adult Safeguarding/ MCA Manager must also be in attendance.

The SAB shall be programmed to meet bi-monthly and as required (e.g. in case of urgent Serious Case Reviews).

Authority

The SAB is accountable to the THP through Corporate Director, Health and Social Care.

Responsibilities

In accordance with the Care Act 2014, the SAB should:

  1. identify the role, responsibility, authority and accountability with regard to the action each agency and professional group should take to ensure the protection of adults;

  2. establish ways of analysing and interrogating data on safeguarding notifications that increase the SAB’s understanding of prevalence of abuse and neglect locally that builds up a picture over time;

  3. establish how it will hold partners to account and gain assurance of the effectiveness of its arrangements;

  4. determine its arrangements for peer review and self-audit;

  5. establish mechanisms for developing policies and strategies for protecting adults which should be formulated, not only in collaboration and consultation with all relevant agencies but also take account of the views of adults who have needs for care and support, their families, advocates and carer representatives;

  6. develop preventative strategies that aim to reduce instances of abuse and neglect in its area;

  7. identify types of circumstances giving grounds for concern and when they should be considered as a referral to the local authority as an enquiry;

  8. formulate guidance about the arrangements for managing adult safeguarding, and dealing with complaints, grievances and professional and administrative malpractice in relation to safeguarding adults;

  9. develop strategies to deal with the impact of issues of race, ethnicity, religion, gender and gender orientation, sexual orientation, age, disadvantage and disability on abuse and neglect;

  10. balance the requirements of confidentiality with the consideration that, to protect adults, it may be necessary to share information on a ‘need-to-know basis’;

  11. identify mechanisms for monitoring and reviewing the implementation and impact of policy and training;

  12. carry out safeguarding adult reviews;

  13. produce a Strategic Plan and an Annual Report;

  14. evidence how SAB members have challenged one another and held other boards to account; and

  15. promote multi-agency training and consider any specialist training that may be required; and

  16. Consider any scope to jointly commission some training with other partnerships, such as the Community Safety Partnership.

Section 32.7: School Admissions Forum

Subsection 32.7.1: Summary Description

The forum’s primary purpose is to consider and promote a fair and effective schools admission system, which advances social equity and inclusion, ensuring that the interests of local parents and children come first. It will discuss and give advice to the Local Authority and other admission authorities on a range of school admissions issues including those listed below:

Subsection 32.7.2: Membership

The core membership of twenty representatives are nominated by various groups. Full details in the Forum’s Procedures.

Subsection 32.7.3: Table of Functions

Functions

Functions

Delegation of Functions

1. Considering existing and proposed admissions arrangements;

None

2. Promoting local agreement on admission issues;

None

3. Considering improvements to admissions processes;

None

4. Reviewing admissions guidance for parents;

None

5. Promoting agreement on arrangements for dealing with in-year admissions including arrangements for vulnerable and looked after children;

None

6. Publishing advice representing the agreed views of the Forum, this is distributed to the governors of all schools which are their own admission authorities;

None

7. Having regard to guidance published from time to time by the Secretary of State, particularly the revised Codes of Practice on School Admissions, School Admission Appeals and ‘Hard to Place’ Pupils.

None

Subsection 32.7.4: Quorum

7 Core Members

Subsection 32.7.5: Additional Information and Procedures

Purpose

The Local Authority School Admission Forum is community led advisory group representative of key stakeholders in the school admission process, including parents, schools, diocesan authorities, the Council of Mosques and local community representatives.

The forum’s primary purpose is to consider and promote a fair and effective schools admission system, which advances social equity and inclusion, ensuring that the interests of local parents and children come first. It will discuss and give advice to the Local Authority and other admission authorities on a range of school admissions issues including:

  1. Considering existing and proposed admissions arrangements;

  2. Promoting local agreement on admission issues;

  3. Considering improvements to admissions processes;

  4. Reviewing admissions guidance for parents;

  5. Promoting agreement on arrangements for dealing with in-year admissions including arrangements for vulnerable and looked after children;

  6. Publishing advice representing the agreed views of the Forum, this is distributed to the governors of all schools which are their own admission authorities;

  7. Having regard to guidance published from time to time by the Secretary of State, particularly the revised Codes of Practice on School Admissions, School Admission Appeals and ‘Hard to Place’ Pupils.

The forum does not have a remit with individual admissions cases.

Obligations and Responsibilities

The Forum shall:

  1. promulgate its advice and recommendations to all admission authorities, maintained schools and Academies within the area of the LA, and

  2. make available such advice and recommendations to any other persons with an interest.

The LA and Admission Authorities within the area of the LA shall have regard in carrying out their functions, to any relevant advice given to them by the Forum.

Core Membership

The Forum comprises a core membership of twenty representatives, nominated by the following groups and appointed by the LA:

  1. Four parent representatives, (two from the Tower Hamlets Parent Council, one from the Collective of Bangladeshi Governors and one parent governor)

  2. One Local Authority (LA) Education Appeal Panel Member

  3. One community representative from the Parents’ Advice Centre (Inclusion/ SEN)

  4. One community representative from the Early Years/ Childcare Partnership

  5. One representative from a local voluntary/ community organisation

  6. One representative from the Council of Mosques

  7. One representative from the Church of England Diocese

  8. One representative from the Roman Catholic Diocese

  9. One headteacher representing community primary schools

  10. One headteacher representing community secondary schools

  11. One headteacher representing voluntary aided primary schools

  12. One headteacher representing voluntary aided secondary schools

  13. One headteacher representing nursery schools

  14. One headteacher/representative from primary free school/academy sector

  15. One headteacher/ representative from secondary free school/ academy sector

  16. The Headteacher of Tower Hamlets PRU

  17. One Local Authority Officer

Alternate Members

If a member is unable to attend they should nominate an alternate member who should be fully briefed before attending the meeting of the forum in their absence with the following provisos:

  1. LA members may only nominate an alternate member who is a member of the LA.

  2. A Parent member may only nominate an alternate member who is also a Parent with a child(ren) between the ages of two to sixteen years.

  3. A school member may only nominate an alternate member who is a headteacher or from the same sector and phase as the school of which the Member in question is a headteacher.

  4. Diocesan and Council of Mosque members may only nominate an alternate member with the consent of the appropriate Diocese/Council.

Written notice of the attendance of an alternate member must be provided to the LA’s nominated officer at least two days prior to any meeting.

Term of Office

The term of office for members of the Admission Forum shall be four years subject to them remaining eligible. A member may resign at any time and is required to leave if he or she ceases to be eligible in the capacity in which he or she has been appointed.

There is no limit to the number of terms of office to which a member may be nominated or re-nominated if still eligible. Where a member is replaced, the new member serves for the remainder of the term of office.

Diocesan and Council of Mosque representatives must stand down if the body that nominated them decides they should do so and notifies the Clerk to the Forum.

Schools Members and the LA nominated local community member must stand down if, following a recommendation from the Core Members, the LA decides that the member should no longer be a member of the Forum.

Core Members will become ineligible for membership in the following circumstances:

  1. Community members – if they cease to be a member of the organisation they represent;

  2. LA Education Appeal Panel Members - if they cease to be an Education Appeal Panel Member.

  3. School Members – if they cease to be a Headteacher of a school in the schools group;

  4. Parent member – if he/she ceases to be a qualifying parent.

Any member may resign at any time by giving written notice to the Clerk to the Forum.

It will be a condition of appointment for all members that a member will cease to be a member of the Forum if they do not attend three consecutive meetings unless they have sought their apologies and those apologies have been accepted by the majority of the Forum members present at the meeting.

Conduct

In carrying out their functions, members of the Admission Forum are expected to act in accordance with the seven principles of public life set out in the first report of the Committee on Standards in Public Life: selflessness, integrity, objectivity, accountability, openness, honesty and leadership www.public-standards.gov.uk.

Members of the Admission Forum are required to declare an interest in any individual proposal or matter which directly affects the school at which they are a governor, member of staff or which their children attend, or in which they might have a direct pecuniary interest.

Clerk of the Forum

The Admission Forum will be clerked by a representative of the Local Authority’s Pupil Admissions Team.

Election of Chair and Vice Chair

Core members must elect a Chairman and Vice-Chairman at the first annual meeting of the Admissions Forum by a majority of votes cast by core members. Where possible, the chair and vice chair should not be drawn from the same membership group unless this is unavoidable. The term of office for the Chair and Vice Chair is one year. However, in keeping with the principle of representation and influence from the widest possible category of members, it is anticipated that the chair and vice-chair will be drawn from a different representative group each year.

When electing a Chairman and Vice-Chairman, those members nominated for office will be asked to withdraw and a secret ballot taken where appropriate. In the event of there being the same number of votes for two or more candidates a second ballot will be taken. If the voting remains the same a coin will be tossed.

A chair or vice chair will cease to hold office if they resign by giving notice to the Clerk of the Admission Forum, or if they cease to be a member of the Forum. Where a casual vacancy arises there will be a vote at the next meeting of the Forum.

The Officer representing the Local Authority on the forum is not permitted to stand for election as chair/vice chair, or vote in the elections.

Role of the Chair

The Chair or, in their absence, the Vice-Chair, will have the following role:-

  1. to preside over meetings of the Admission Forum so that its business can be carried out efficiently and with regard to the rights of members and the interests of parents, schools, admission authorities and the community;

  2. to ensure that meetings provide an opportunity for the debate of matters of concern to parents, schools, admission authorities and the community;

  3. overseeing preparations of the record of the meeting, liaising with the LA Officers and the Clerk on the agenda for forthcoming meetings.

Quorum

The quorum for the Admissions Forum is seven core members.

Meetings and Proceedings

The Forum normally meets between four and five times a year during term-time. Members decide the time and location of meetings, but meetings take place during the day. Meetings of the Forum are held in private.

The Clerk will ensure that meetings of the Forum are convened by giving a minimum of five working days’ notice in advance of the meetings, with a full agenda. Forum members will need to avail themselves of the time to read the agenda and accompanying papers and can expect each meeting to last for up to two hours.

Forum members are required to declare any pecuniary or other interest they might have that is greater than the interests of other members of the Forum in any matter on the agenda for discussion.

Publication and Circulation of Meeting Minutes

The minutes of Forum meetings will be published on the Tower Hamlets website. Members of the Forum are free to circulate copies within the bodies they represent. The Forum’s Agendas and Minutes are included on the LA’s Publication List required under the Freedom of Information Act 2000.

Section 32.8: Secure Accommodation Panel

Subsection 32.8.1: Summary Description

The Purpose of a Secure Accommodation Review is to consider whether the criteria for keeping a child in secure accommodation continue to apply, on the day of the review, if such a placement continues to be necessary and whether or not any other form of accommodation would be appropriate.

Subsection 32.8.2: Membership

At least 3 persons, at least one of whom is neither a member nor an officer of the Council by or on behalf of which the child is being looked after

Subsection 32.8.3: Table of Functions

Functions

Functions

Delegation of Functions

1. To discharge the functions as set out in the Children (Secure Accommodation) Regulations 1991

None

Subsection 32.8.4: Quorum

All voting Members of the Panel

Section 32.9: Tower Hamlets Safeguarding Children Board

Subsection 32.9.1: Summary Description

The Local Safeguarding Children Board (LSCB) established through the Children Act 2004 Section 14.1, is a statutory mechanism for agreeing how the relevant organisations in each local area will co-operate to safeguard and promote the welfare of children, and for ensuring the effectiveness of what they do.

Subsection 32.9.2: Membership

The Membership is reviewed on an annual basis and will be published separately.

Subsection 32.9.3: Table of Functions

Functions - The broad scope of the LSCB is to address:

Functions

Delegation of Functions

1. Activity that affects all children and aims to identify and prevent maltreatment or impairment of health or development, and ensure children are growing up in circumstances consistent with safe and effective care

None

2. Proactive work that aims to target particular groups

None

3. Responsive work to protect children who are suffering, or likely to suffer, significant harm

None

Subsection 32.9.4: Quorum

N/A

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