Social Work And Health Committee - 19/12/2005

At a MEETING of the SOCIAL WORK COMMITTEE held at Dundee on 19th December 2005.

Present:-

BAILIES

COUNCILLORS

Bailie Wright, Convener, in the Chair.

The minute of meeting of this Committee of 21st November 2005 was held as read.

Unless marked thus * all items stand delegated.

I REVIEW OF ADOPTION & PERMANENCE PANEL AND THE FOSTERING PANEL

There was submitted Report No 602-2005 by the Director of Social Work informing of the business of the Adoption & Permanence Panel and the Fostering Panel over the past 18 months. It also provided details of the roles and responsibilities of the various members of the Panels and the Agency Decision Maker. The report reviewed and recommended changes to the constitutions of the Panel.

The Committee agreed:-

(i) to note and approve the contents of the report; and

(ii) to approve the amendments to the constitutions of the Panel which are attached to this minute as Appendices I and II.

II PASSIVE SMOKING - HOME VISITING POLICY

There was submitted Report No 723-2005 by the Director of Social Work on the development of the Passive Smoking: Home Visiting Policy which was designed to minimise the exposure to tobacco smoke of staff members in order to help protect their health and safety.

The Committee agreed:-

(i) to approve the contents of the policy, a copy of which is attached to this minute as Appendix III; and

(ii) to the proposed implementation date of 1 January 2006.

III DUNDEE FAMILY PLACEMENT SERVICE REVISED SMOKING POLICY

There was submitted Report No 726-2005 by the Director of Social Work on the development of the Dundee Family Placement Service Revised Smoking Policy which was designed to minimise the exposure to tobacco smoke of children and young people placed with carers in order to help protect their health and safety.

The Committee agreed:-

(i) to approve the contents of this policy as outlined in the report; and

(ii) to the proposed implementation date of 1 January 2006.

IV PERFORMANCE INSPECTION OF CRIMINAL JUSTICE SOCIAL WORK - PROGRESS REPORT

On a reference to Article II of minute of meeting of 18 April 2005 there was submitted Report No 724-2005 by the Director of Social Work providing a summary of the progress being made in relation to the inspection of Criminal Justice Social Work Services across the Tayside Partnership.

It was reported that the Partnership had submitted an Action Plan detailing how it proposed to progress the recommendations contained in the Inspection Report to the Social Work Services Inspection Agency in 2005. This was fully accepted and a further report would be submitted at the end of June 2006 detailing progress. The Social Work Inspection Agency would decide at this point as to whether further inspection was necessary.

The Committee agreed:-

(i) to note the progress to date; and

(ii) to require the Director of Social Work to prepare a report in June 2006 detailing progress.

V TAYSIDE CRIMINAL JUSTICE PARTNERSHIP ANNUAL REPORT 2004-2005 AND ACTION PLAN 2006-2007

There was submitted Report No 729-2005 by the Director of Social Work summarising the key points arising from the annual report of criminal justice social work services and outlines the strategic issues for 2006-2007.

The Committee agreed:-

(i) to note the contents of the report; and

(ii) to require that the Director of Social Work prepare a report fro Committee outlining the implications arising from the Management of Offenders Bill.

VI SOCIAL WORK DEPARTMENT - INVESTORS IN PEOPLE - 2005

There was submitted Agenda Note AN474-2005 advising that the Social Work Department had been recognised as an Investor in People organisation after achieving this national standard in November 2005.

The standard involved an independent assessment of the Department in relation to four key principles:

7                                             Commitment to develop its people to achieve aims and objectives

7                                             Planning what its people need to do to achieve them

7                                             Action to develop its people to improve performance

7                                             Evaluation of the investment in people on performance

The assessment enabled the department to understand what training and development it did well and also what could be done better to develop and respond positively to changing demands.

The Committee noted this achievement.

The Convener agreed that the undernoted item be considered as a matter of urgency in terms of Standing Order No 17(b) and in view of the timescales.

VII ASSISTANCE WITH PARKING - DISABLED PERSONS

Bailie Farquhar declared a non financial interest in this item by virtue of being a blue badge holder.

There was submitted Joint Report No 721-2005 by the Director of Social Work and Director of Planning and Transportation to establish a Council position regarding the provision of parking facilities for disabled persons which, had generally taken the form of parking signs and parking boxes and run-ins, and to alter the arrangements for the delivery of this service.

The Committee agreed:-

(i) to transfer the responsibility for implementation of parking facilities from the Social Work Department to the Planning and Transportation Department;

(ii) to instruct the Director of Social Work, Director of Planning and Transportation and Depute Chief Executive (Support Services) to put in place arrangements for public access through the central Corporate Customer Services Team;

(iii) to the revised criteria for individuals outlined in the report; and

(iv) to the limits on provision in areas of high demand outlined by the Director of Planning and Transportation.

Helen Wright, Convener

APPENDIX I

DUNDEE CITY COUNCIL

SOCIAL WORK DEPARTMENT

ADOPTION PANEL CONSTITUTION

Dundee City Council Social Work Department, in accordance with its duty as an Adoption Agency, and the requirement of the Adoption (Scotland) Act 1978 and the Adoption Agencies (Scotland) Regulations 1996 hereby appoints an Adoption Panel.

ROLE AND FUNCTION

The Panel's primary functions are:

(a) To consider whether adoption is in the best interests of a child and if the Panel recommends that it is, whether an application should be made to free the child for adoption;

(b) to consider whether a prospective adopter is suitable to be an adoptive parent;

(c) whether a prospective adopter would be a suitable adoptive parent for a particular child; and

(d) to provide a written report on the consideration given by them to alternatives to adoption and in circumstances where adoption with parental contact is recommended, why adoption is recommended rather than an alternative course of action.

SUPPLEMENTARY FUNCTIONS OF THE PANEL

The Regulations give agencies discretion to seek the Panel's advice on other such relevant matters and in Dundee the Adoption and Permanence these supplementary functions are:

(a) to consider permanence plans for children;

(b) to consider plans to place siblings together or separately;

(c) to monitor and review the implementation of plans for children;

(d) to review after 12 months approved adoptive parents who have not been linked with a child;

(e) to consider reports on the disruption of any adoptive placement and make recommendations about whether adoption is still in the best interests of the child, and whether the prospective adopters should still be approved and, if so, the terms of their approval.

(f) to consider matters relating to financial assistance for adopters, for example approved adoption allowances or the payment of legal expenses incurred by the adopters in obtaining an adoption order.

COMPOSITION

An Adoption Agency must satisfy itself that the numbers, qualifications and experience of individual members of an Adoption Panel will enable it to discharge its duties. In order to ensure that Dundee Adoption & Permanence Panel is able to effectively discharge its duties the Adoption and Permanence Panel will comprise of 8 voting members appointed by the Director of Social Work. A quorum for each Panel should consist of not less than three voting members.

In addition, although the medical adviser is a voting member, he or she cannot make up the quorum.

The legal adviser will not be a voting member. The legal adviser's advice at the Panel enables members to explore the legal issues in each case and to clarify the alternatives to adoption. A Solicitor from the Council's Legal Division will attend the Panel when legal advice is required.

Dundee City Council Adoption Panel is made up of 8 voting members who include:-

1. A chair who co-ordinates the panel and is appointed by the Director of Social Work.

2. Social Work Staff members with appropriate qualifications and expertise in adoption.

3. Representatives from other agencies, departments and independent members who are considered competent in terms of their knowledge, skills and experience.

4. Professional Adviser to be appointed as necessary.

5. Medical Adviser to the Panel.

The responsibilities of the Chair will be undertaken by a designated Depute Chair if the chair is unavailable.

The balance of Panel members offers a wide experience and reflects a multi agency approach that provides objectivity. Panel members should have an awareness of differing racial, ethnic and cultural backgrounds. Other staff, such as translators or diversity advisers may be asked to participate in any particular panels where there is specific need.

Concerns about the conduct of any Panel member will be raised in private by the Panel Chair. If concerns cannot be resolved informally the agency will put in writing the reasons why it intends to end the Panel Members appointment. Concerns regarding the conduct of the Panel Chair will be raised in the first instance by the Agency Decision Maker. The Director of Social Work may terminate the appointment of the Chair or any member if concerns cannot be resolved.

Appointments will be made for a period of one year. Following review appointments may be extended for further periods of a year at a time.

MEETINGS

The timing and the frequency of meetings is determined by the Chair of the Panel in consultation with Panel members and will be determined by the needs of the Authority in its capacity as an Adoption Agency.

AGENCY DECISION MAKING

Decisions on matters referred to the Panel are made by a Decision Maker or his/her delegate appointed for that purpose by the Director of Social Work. The Agency Decision-Maker receives all reports presented to Panel and the Panel minutes. This allows the Decision-Maker to make decisions on full information and to understand why the Panel has reached particular recommendations. The Decision-Maker is required to make a decision within fourteen days of the Panel. Panel recommendations and the decision are intimated in writing, by the Decision Maker, to prospective adopters and parents of children when a decision has been made that their child is in need of permanent substitute care.

APPEALS

Appeals by prospective adopters against a Panel's recommendations and subsequent decision should be made in writing to the Director of Social Work within 14 days of the receipt of notification of the agency decision. Upon receipt of such an appeal the Director of Social Work will appoint an Appeal Panel where appropriate.

APPENDIX II

DUNDEE CITY COUNCIL

SOCIAL WORK DEPARTMENT

FOSTERING PANEL CONSTITUTION

Dundee City Council Social Work Department, in accordance with its duty as a Fostering Service, and the requirement of the Children (Scotland) Act 1995 and the Fostering of Children (Scotland) Regulations 1996, hereby appoints a Fostering Panel.

ROLE AND FUNCTION

The Panel's primary functions are to consider and recommend to the agency:

(e) Whether to recommend the approval of Foster Carers;

(f) what the approval should consist of, for example, categories of children, age range, gender and if for a specific child;

(g) amendments to the approval of Foster Carers;

(h) applications from relatives or friends who are known as Link Carers (Link Carers are where children have been placed through the Children's Hearing).

SUPPLEMENTARY FUNCTIONS OF THE PANEL

(a) advise on specific issues during the assessment process;

(b) reviews of Foster Carers where there are specific difficulties;

(c) de-registration of carers where the Social Work Department are recommending de-registration of the carers.

COMPOSITION

A Fostering Service must satisfy itself that the numbers, qualifications and experience of individual members of a Fostering Panel will enable it to discharge its duties and in Dundee the Panel will comprise of 8 voting members appointed by the Director of Social Work. A quorum for each Panel should consist of not less than three voting members. In addition although the medical adviser is a voting member, he or she cannot make up the quorum.

The 8 voting members will include:-

6 A Chair who co-ordinates and chairs the panel and is appointed by the Director of Social Work.

7 Social Work Staff members with appropriate qualifications and expertise in adoption;

8 Representatives from other agencies, departments and independent members who are considered competent in terms of their knowledge, skills and experience;

9 Professional Adviser to be appointed as necessary.

10 Medical Adviser to the Panel.

The responsibilities of the Chair will be undertaken by a designated Depute Chair if the chair is unavailable.

The balance of Panel Members offers a wide experience and reflects a multi agency approach that provides objectivity. Membership should, where possible reflect the racial and cultural heritage of prospective Foster Carers and other staff may be asked to participate in particular Panels where there is a specific need.

Concerns about the conduct of any Panel member will be raised in private by the Panel Chair. If concerns cannot be resolved informally the agency will put in writing the reasons why it intends to end the Panel Members appointment. Concerns regarding the conduct of the Panel Chair will be raised in the first instance by the Agency Decision Maker. The Director of Social Work may terminate the appointment of the Chair at any time if concerns cannot be resolved.

Appointments will be made fro a period of one year. Following review appointments may be extended for further periods of a year at a time.

MEETINGS

The timing and frequency of meetings is determined by the Chair of the Panel in consultation with Panel members and will be determined by the needs of the Authority in its capacity as a Fostering Agency.

AGENCY DECISION-MAKING

The Agency Decision-Maker is appointed by the Director of Social Work. The Agency Decision-Maker receives all reports presented to Panel and the Panel minutes. This allows the Agency Decision-Maker to make decisions on full information and to understand why the Panel has reached particular recommendations. The Agency is required to make a decision within 14 days of the Panel. Panel recommendations and the Agency Decision are intimated, in writing, by the Chair of the Panel, to prospective foster carers.

APPEALS

Appeals by Prospective Foster Carers against a Panel's recommendation(s) and subsequent agency decision are expected to be made in writing to the Director of Social Work within 14 days of the receipt of notification of the agency decision. Upon receipt of an appeal the Director of Social Work may appoint an Appeal Panel where appropriate.

APPENDIX III

PASSIVE SMOKING: HOME VISITING POLICY

PLANNED SERVICES AT HOME

In the case of planned services delivered at home, service users who smoke will be given an information leaflet about the new policy which tells them about the policy and asks them to refrain from smoking during the period of any visit and if possible to ventilate the room/house. With supporting information from the staff member, and positive negotiation, it is expected that many service users will be willing to comply with the policy.

Where the service user refuses to refrain from smoking or to ventilate the house the worker will advise their manager who will undertake an assessment of the risk. Following this risk assessment, and discussion with the service user where necessary, the manager will consider alternative ways of pursuing their business in order to protect the employees.

Where there is a refusal by the service user to stop smoking during a home visit, and that service does not require to be delivered in the home setting on all occasions, the service user may be asked to attend an alternative venue such as the local Social Work office or Family Support Centre, all of which have a "No Smoking" policy.

Where the service has to be provided at home, the service user will be advised that their choice to continue smoking during visits, and refusal to minimise the risk of passive smoking to the worker by ventilating their home, may affect their service.

This could include:

7                     different staff members undertaking the service on different days (example from Home Care).

7                     some interviews/meetings held in alternative settings (eg use of a Day Care Centre, Family Support Centre, Social Work Office).

In some circumstances there will be service users who are unable, rather than unwilling, to comply with the request not to smoke (eg those with dementia). In such circumstances the manager will undertake an assessment of the risk and, again, consider alternative ways of pursuing their business in order to protect the employees.

Within services, such as Home Care, where staff are delivering services at home, often for long periods of time, workers should have their home visit schedule reviewed regularly by their manager.

All reasonable steps must be taken to reduce the risk to employees, who are pregnant or who have a specific, medically supported condition, that is exacerbated by smoke (eg asthma).

EMERGENCY SITUATIONS

In emergency/exceptional circumstances, where to insist on "no smoking" could result in violence to staff or add to the distress of service users, staff members will need to exercise a degree of flexibility. However where possible the policy should be consistently reinforced.

PASSIVE SMOKING AND SOCIAL WORK EMPLOYEES

INFORMATION FOR SERVICE USERS AND THEIR FAMILIES/CARERS

Dundee City Council recognises that it has a duty to ensure the health and safety of its employees and others and to protect them where possible from exposure to tobacco smoke. The Council is also committed to maintaining a clean environment and promoting health for all. To this end, the Council has a clear "No smoking" policy in place in offices, other workplaces and in Council vehicles.

Fundamental to these measures is the absolute right of employees to breathe air free of tobacco smoke at work.

It is well recognised that smoking can cause heart disease, strokes, circulation problems and many cancers. There is now clear evidence that passive smoking, the smoke that drifts from cigarettes, is also harmful to non-smokers who breathe it.

The Social Work Department wants to take all reasonable steps to minimise the harmful effects of passive smoking on employees.

How can you help?

When a worker from the Social Work Department provides a service in someone's home, that home becomes his or her workplace.

If you, or a member of your household, smoke, you can help us make sure that our employees stay healthy by:

This will ensure the risks from passive smoking are reduced.

Thank you for not smoking.

If you would like information on how to give up smoking speak to your support worker, local pharmacist or doctor who will be able to help.

Or Call: Tayside Smoking Cessation Services 0845 600 999 6

NHS Smoking Healthline 0800 169 0 169

Scottish Health Education Organisation (Hebs) 0800 848484

  The remaining pages of Appendix III are not available in a suitable form for publication on this site. A copy of these pages are available for viewing at the Committee Services Section, Support Services Department, 21 City Square, Dundee (tel 01382 434075).