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Contents

1. Key Principles                                              
2. Placement Planning
3. During the Placement                                         
4. Seizure and Confiscated Items                                 

1. Key Principles

The Children’s Homes National Minimum Standards (Standard 9: Promoting and Supporting Contact) explicitly state that children should be supported and encouraged to maintain and develop family contacts and friendships, but this must be subject to any limitations or provisions set out in their care plan, placement plan and any court order.

The Children’s Homes Regulations (Regulation 15: Contact And Access To Communications) state that the registered person (Home’s Manager) shall ensure that children are provided, at all reasonable times, with access to a telephone on which to make and receive telephone calls in private; and facilities to send and receive post and, if the necessary facilities are provided for the use of children accommodated in the home, electronic mail, in private.

However, Children do not have an absolute right to have access to these communications at all times. The Home’s Manager has an overriding responsibility to take measures to protect Children, their staff and others from significant harm, injury and to prevent criminal offences from being committed; to this end, Regulation 15 and Standard 9 clearly state that restrictions should be placed upon Children where necessary to do so; either as part of their Care/Placement Plan or in an emergency. This can include the withdrawal or confiscation of mobiles and other devices, even those owned by the Child.

The registered person may impose such restriction, prohibition or condition upon a child's access to communications under which he is satisfied is necessary for the purpose of safeguarding or promoting the welfare of the child in question.

Such measures may not be imposed by the registered person unless (a) the child's placing authority consents to the imposition of the measure; or (b) the measure is imposed in an emergency, and full details are given to the placing authority within 24 hours of its imposition.

Any measures of restriction placed on a child’s communication must be regularly reviewed taking the child’s wishes and feelings into account.

2. Placement Planning

2.1 Planned Placements

As part of the placement process, Home’s Managers must ensure that consideration is given to whether Children are allowed to use the telephone, mobiles, computers, the internet or other forms of communication in order to have contact with their family, relatives or friends.

If there is any risk from such contacts or from the use of mobiles or other communications, this must be addressed and the arrangements or restrictions built in to the Child’s Placement Plan. This can include restrictions on carrying mobile phones and/or supervising Children when using them. However, if restrictions are imposed, the arrangements should be reviewed and the arrangements changed if the risks reduce.

2.2 Emergency Placements

If a Child is placed in an emergency, without the possibility of giving proper consideration to the risks that may be posed to the Child or others from having access to telephones, mobiles, the internet, computers or other communication, they will only be permitted to have supervised telephone contacts with family or friends and will not be permitted to retain mobile phones until a Emergency Review has been conducted (within 72 hours of the Child being placed) and a Placement Plan drawn up.

3. During the Placement

Children will have access to telephones, mobiles, computers or other forms of communication at reasonable times. However, they may only have computers or mobile phones if agreed by the social worker and the arrangements or any restrictions set out in their Placement Plan.

At any time, the Home’s Manager may withdraw use of mobile phones and other devices where it is considered that they are being used or may be used to place the Child or others at risk of Significant Harm, in order to cause serious damage to property or to commit a criminal offence. Preferably, withdrawal should be by agreement with the Child; if agreement is not forthcoming, the Home’s manager should apply the same principles as set out for searching a Child without consent, in Children's Bedrooms Procedure.

At any time, if staff consider that a Child or others may be at risk from having access to telephones, mobiles, computers/the internet or other forms of communication, they must take steps to reduce or prevent the risk.

If the risk is of Significant Harm (including Cyberbullying), serious damage to property or of a criminal offence being committed, staff must consider withdrawal/confiscation. Preferably, withdrawal should be by agreement with the Child; if agreement is not forthcoming, the Home’s manager should apply the same principles as set out for searching a Child without consent, in Searching Children/Bedrooms Procedure.

If any such restrictions are imposed, the Home’s Manager and child’s social worker must be notified within 24 hours and consideration must be given to whether any ongoing restrictions should be imposed upon the Child; any arrangements for ongoing restrictions must be outlined in the Child’s Placement Plan.

If such exceptional action is taken, the child's social worker must be notified within 1 working day.

If a child is prevented from having access to a telephone, or access is reduced, it is deemed to be a Sanction, and must be recorded as such.

4. Seizure and Confiscated Items

As set out above, mobiles or other devices may be seized by staff if it can be shown that the mobile/device is being or may be used to place the Child or others (including staff) at risk of Significant Harm, this could include the use of internet or social networking sites and the exchange of images/video clips or posting of them on such sites e.g. as a form or cyberbullying.

If items are seized, they must be passed to the Home’s Manager, who must record the seizure and come to a decision about whether to confiscate the device.

Confiscation is reasonable where the Home’s Manager considers that the device will be used in a manner which will place the Child or others at continuing risk of Significant Harm, in order to caused serious damage to property or if there is a suspicion that the device is not owned by the Child e.g. stolen. In such circumstances, the Home’s Manager should pass the device to the Police or keep it safely in the home.

If the device is owned by/the property of the Child, the Home’s Manager may retain it until satisfied that it will be used reasonably i.e. in a way that does not place the Child or others at risk.

If retained, the Home’s Manager should provide the Child with a receipt.

End