This statutory guidance (see reference below) was initially published alongside the Children Act 2004 which established the positions as a clear line of accountability for children’s outcomes. The legislation and guidance represent an unusual level of prescription for local government roles and structures. The guidance has been reviewed on more than one occasion and the current version is 2013. It remains valid and relevant.
As such, the guidance is a national statutory ‘job description’ – unique to these roles. As a first step for any incoming chief executive who is new to the task – or any chief executive seeking to refresh their approach, this statutory guidance is essential reading.
In particular, the guidance states:
‘The DCS and LMCS roles provide a clear and unambiguous line of political and professional accountability for children’s wellbeing. The DCS and the LMCS should report to the chief executive and to the council leader or mayor respectively as the post holders with ultimate responsibility for the political and corporate leadership of the council and accountability for ensuring that the effectiveness of steps taken and capacity to improve outcomes for all children and young people is reflected across the full range of the council’s business.’
"The LMCS is responsible for ensuring that the needs of all children and young people, including the most disadvantaged and vulnerable, and their families and carers, are addressed". This means that the LMCS is responsible for all children's services matters and as Chief Executive you should ensure the responsibilities for the Lead Member include all Children's services matters such as SEND & Education and not just social care. This does not preclude another Cabinet Member supporting in any area of Children's Services, but the Lead Member must be ultimately responsible.
The guidance also explains the duties of the council through these roles for leadership of local partners in delivering improved outcomes for children. It makes repeated references to the United Nations Convention on the Rights of the Child (UNCRC) to which the UK is a signatory. An interesting first step for any incoming chief executive might be to ask how your children’s services and the wider council understand the core principles of UNCRC.
The DCS role structurally
Councils are only required to ’have regard’ to the guidance, but a failure to comply requires explicit explanation. It also probably enhances corporate vulnerability in the event of things going wrong following non-compliance. And the legislation, guidance and experience are collectively unequivocal.
The role of the DCS should not be incorporated to that of chief executive. The statutory guidance states “The DCS should report directly to the chief executive (head of paid service), who in turn is accountable to the council for the performance of its chief officers”. It is for each council to satisfy themselves regarding the statutory guidance.
The position must also be free to focus strongly on its role for children. It is permissible for councils to incorporate that director of children’s services role with other duties, most commonly with adults’ services as a ‘twin hatter’, especially common in smaller authorities. But where such arrangements are in place the council, through the role of the chief executive should ensure there is a local test of assurance so that the focus on outcomes for children and young people is not weakened or diluted. That same point applies in circumstances, allowable by law, where a director of children’s services may cover more than one council.
The chief executive should seek to ensure that the corporate management team understands children’s services, and that support is provided by colleague chief officers, as necessary.
Appointing a DCS (and head of safeguarding or equivalent)
Over time the effectiveness of any council children’s service will probably turn on the effectiveness of the DCS. Most post holders would agree the job is as rewarding as it is challenging, but it remains one of the hardest chief officer roles to fill and retain. Turnover nationally is 30 per cent per year. So while we know it is likely to take over three years to sustainably improve a children’s service the average length of tenure is less than that. In some places considerably so.
Consequently, the chief executive has a critical role in appointing, supervising and supporting the DCS and for creating the organisational culture. All successful council chief officers have to be exceptional high performing people with a range of skills from the strategic to the managerial to the operational. This applies particularly to this position given the fragility, sensitivity, and occasional volatility of the services under their direction.
Again, there can be no hard and fast rules – it is not a given that a successful social care manager makes for a good chief officer, or that someone without that experience cannot do the director of children’s services job. But these pointers may assist.
- It should go without saying that any DCS appointment decision should be taken with great care, utilising good professional, possibly external, advice and with a full and verifiable assessment of the candidate’s background.
- That should include an analysis of the candidate’s track record in Ofsted inspection.
- The same applies in the appointment of interims. For various reasons, as permanent appointments become harder to make, so the interim market has tended to expand. While interim appointments may carry less technical risk, they remain critical, and it is remarkable to note when some are made without necessary due diligence on the candidate’s background and credentials.
- It may help, but is not essential, for the DCS to have strong experience in the direct delivery and management of children’s social care. It is more important that they are a strong strategic leader and show an understanding of corporate responsibilities.
- But if the chief officer does not have those children’s credentials it is the role of the chief executive to work with the chief officer to assess and address that gap in their experience.
- If the DCS role is the appointee’s first director role, it is important to encourage them to have a mentoring relationship with another, experienced, DCS. The Association of Directors of Children’s Services (ADCS) is the professional association for DCSs. ADCS runs a mentoring scheme for new directors, which pairs new directors with experienced directors. The ADCS Mentoring Scheme for new DCSs is based on the principle of peer mentoring as a means of ensuring that each newly appointed DCS has access to the expertise of established directors; to open dialogue between colleagues; and, to encourage DCSs to seek advice and counsel from each other. Your director can find out further information about the scheme from the ADCS website. The Staff College also provides training for new directors, including a free 12 month learning and development programme, details of which are on the Staff College website. SOLACE also offer training through various programmes.
- In all circumstances, the next (second tier) line manager with fullest responsibility for children’s safeguarding must have strong credentials in the direct delivery and leadership of children’s social care. All the more so if the DCS does not. Again, it is the role of the chief executive to understand the balance of that key professional partnership between chief officer and the key second tier officer, and to have strategies in place to understand and address the balance of that working relationship, especially its weaknesses.