No. 20: Challenging decisions

DSCP Case Resolution Protocol

The Devon Safeguarding Children Partnership (DSCP) Case Resolution Protocol informs that

‘Effective safeguarding of children is absolutely predicated on practitioners and front-line staff wanting the very best for children and being ready to stand up in their best interests even if it brings them into disagreement with other practitioners, with other organisations and their own managers and employing bodies.’

It also informs that

‘In nearly all instances, it will be possible to resolve any differences within the line management arrangement of partner agencies.  It will be exceptional that cases need to be progressed through a more formal procedure.’

Challenging MASH and other Children’s Social Care decisions

All DSCP partners in Devon expect and welcome a challenge to decisions made by their practitioners.  There is a desired culture that no-one knows everything or holds all the answers.  Whilst it can seem daunting to challenge another professional, especially if that professional is from a different agency, it is an expectation that we challenge when we feel it is necessary for the safety or wellbeing of that child.

If you have made a Request for Support (MASH) or an open case is stepping down or closing to CSC and you are not happy that this is the right decision for the safety or welfare of the child/ren involved, as the professional working with that child, it is your duty to professionally challenge decisions made, this can be done as a single practitioner or (where there are a number of practitioners/agencies sharing the same concern) as a group.

The first step is to contact the Social Worker (SW) who has made the decision and discuss your concerns with them, if this conversation does not resolve the issue, you must escalate your concerns to the Team Manager (TM) for that SW.  If you have ongoing concerns for the safety or welfare of the child/ren following this conversation, resolution must be sought manager to manager up the hierarchies until a solution is reached.  If necessary this should be up to and include the senior managers and leaders in partner organisations, each manager you communicate with should be able to advise you of which manager you should next speak to in their line management.  The DSCP Case Resolution Protocol requires that in all instances of these forms of escalation are reported up to the DSCP Quality Assurance Group (QAG) to ensure there is an overview of areas of dispute and challenge. If there is inter-agency difference in the conduct of child protection conferences or child in care reviews it is expected that the Independent Reviewing Unit report to the QAG, IRT conference chairs are independent and should be used to identify and possibly resolve inter agency disagreement.

At each stage of the process it is advisable to keep a record of conversations held and a copy of any written documentation (e.g. emails, letters or reports) for future reference.

Challenging decisions within your school/setting, including whistleblowing

All staff should be aware of the process for making referrals to children’s social care so that, in the event of a disagreement with, or inaction by, the Designated Safeguarding Lead, appropriate action to safeguard a child can be taken by any member of staff.

KCSiE states:

‘All staff and volunteers should feel able to raise concerns about poor or unsafe practice and potential failures in the school’s or college’s safeguarding regime and know that such concerns will be taken seriously by the senior leadership team.’

Every school should have a whistleblowing procedure which staff are aware of and can use.  If a staff member feels unable to raise their concerns with the school’s senior leadership team of Governing Body/Board, then the NSPCC has a whistleblowing helpline help@nspcc.org.uk

If staff have safeguarding concerns or an allegation is made about another member of staff this should be referred to the Head Teacher or Principal. In circumstances where the head Teacher or Principal is the subject of the allegation/concern, the matter should be referred to the Chair of Governors, Chair of the Management Committee or proprietor (in the case of an independent school). If the Head Teacher is also the sole proprietor allegations should be referred to the Local Authority Designated Officer (LADO).

Further information

DSCP Case Resolution Protocol (escalation policy): https://www.devonscp.org.uk/training-and-resources/policies-and-procedures/case-resolution-protocol-and-escalation-procedures/

Levels of Need Document: Levels of Need Document

Devon CC named worker:  01392 383000 (automated service, state the name of the person you wish to speak to)

DES Safeguarding team:  01392 287223

LADO contact details:  01392 384964 or email childsc.localauthoritydesignatedofficersecure-mailbox@devon.gov.uk or visit: Devon LADO