Child Protection Procedures - East Ayrshire Council

3.17.2.8 Section 17(2) outlines the duty of the local authority to
prepare children who are no longer looked after. Section
29 outlines the duty to guide and assist any young person
who has been accommodated beyond school leaving age
and who is under 19 years of age. The local authority’s
power to provide advice, guidance, and assistance to
young people who were accommodated extends to age 21.
3.17.3 Negligence
3.17.3.1 The local authority can be held liable if it fails to make a
claim or negligently makes a claim. A child will have the
right to sue for negligence upon reaching the age of 16
years of age if an application is unsuccessful as a result of
a delay in making a claim.
3.17.3.2 Action may also be taken against the local authority if it
accepts an inadequate offer of compensation.
3.17.3.3 The head of service must set up a database at
headquarters to log and track progress of applications.
3.17.3.4 The Service Unit Manager must ensure that all children
who are entitled to compensation receive it. He / she must
ensure that a local database includes information on all
children entitled to compensation and the progress of the
claims. He/she must appoint an administrative officer to
have responsibility for this. The administrative officer must
report information to headquarters on a regular basis.
3.17.3.5 The Service Unit Manager must ensure that all CP1's are
screened for potential claims. He/she must raise it at child
protection conferences, if appropriate, or alternatively remit
the discussion to the core group. Time-scales for
completing applications must be agreed.
3.17.3.6 The team leader must screen all CP1s and social workers’
caseloads for potential claims. He/she must raise it, where
appropriate, at looked after views. The team leader must
ensure that applications are progressed timeously.
3.17.4 Making applications
3.17.4.1 Application forms and notes of guidance are available
from: Criminal Injuries Compensation Authority, Tay
House, 300 Bath St, Glasgow G2 4JR, Tel: 0141331 2726.
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