SCOPE OF THIS CHAPTER
This chapter reflects the statutory guidance 'Ceasing to look after a child' in 'Care Planning, Placement and Case Review Regulations (2015)' as amended by the 'Care Planning and Fostering (Miscellaneous Amendments) Regulations 2015' and The Children and Social Work Act 2017 together with Working Together to Safeguard Children.
The Local Authority has a duty to ensure that, when children have been Accommodated under Section 20 (Children Act 1989) and are discharged from or leave care, the discharge is in their best interests and that they will be safeguarded and their welfare will be promoted. Where a child has been Accommodated under Section 20 for 20 days or more, the decision must be made by a Nominated Officer, or by the Chief Officer for Children's Services if the child/young person is 16/17 yrs.
This chapter was updated in February 2019 in line with the Children and Social Work Act 2017 and revised statutory guidance.
These changes relate to the status of 'previously Looked After Children'. A previously Looked After Child is one who is no longer looked after in England and Wales because they are the subject of an Adoption, Special Guardianship or Child Arrangements Order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person, or has been adopted from 'state care' outside England and Wales.
Previously Looked After Children are entitled to support from their school through the Designated Teacher (see Section 2.5, Children Who Move into Permanency).
- Children Accommodated under Section 20
- Children Who are 'Eligible Children' – Transition into Adulthood
- Children who are Looked After for Short Periods (Fewer than 20 days) Including Short Term Breaks
- Administration / Process Issues
- Appendix 1: Working Together to Safeguard Children, Flowchart 6: Children returning home from care to their families
Children become Accommodated through Section 20 for many different reasons and are some of the most vulnerable children. Section 20 Accommodation can:
- Offer children and families short term support as a result of disability (short term break);
- Support a family in crisis, for example, as a result of health issues of the carer where no other family or friend is available;
- Be the first stage for a Relinquished Child – particularly a child under 6 weeks of age;
- Be a means of safeguarding a child as a result of Child Protection Enquiries, enabling an assessment of risk and needs prior to more formal planning;
- Ensure appropriate care to a child who presents as 'abandoned';
- Be a way of managing a child who appears to be 'beyond parental control' and at risk of significant harm;
- Offer the level of support and care required to an unaccompanied young person from abroad (see Unaccompanied Asylum Seeking Children Procedure).
When a child is Accommodated, (and it is not part of a planned Short Break), timescales should be established at the outset for the length of time the Accommodation is considered to be required, together with a plan for the child returning home.
The first Looked After Review should take place within 20 days and will be key to evaluating the risk, or likelihood of risk, of any Significant Harm; the needs of the child; further detailed multi-agency work required to support to the child and family, together with the timescales for these.
There can sometimes be concern about delay because of issues in working with either the parent or the child. Equally, a parent or carer may request that the child be returned to their care ahead of the Care Plan, or where the concerns still exist (see Section 2.3, Circumstances Around Ceasing to Look After a Child).
2. Children Accommodated under Section 20
Where a child has been Accommodated for 20 working days or more, Children's Services must carefully consider any request for the child to be discharged from care to ensure they remain safe and that their welfare continues to be promoted.
Ceasing to Look After a child will normally be part of the Care Plan that will fully consider these issues.
In most cases there will already be an Assessment and a range of multi-agency information about the child and the family which will include an understanding of the child and family's needs, wishes and wants, together with an appreciation of their respective abilities to work with support services in a positive and constructive way.
Where the plan is for a child to return to the care of their family when they cease to be looked-after, there should be a robust planning and decision-making process to ensure the decision is in the best interests of the child and will safeguard and promote their welfare.
In making the decision to cease looking after a child, Children's Services must assess:
- The suitability of the child's proposed accommodation and maintenance when they cease to be looked-after; and
- What services and support the child might need and who they might contact for support;
- Where the child is returning home, what services and support the parent might need and who they might contact for support;
- Children's Services must also ascertain the child's wishes and feelings about the proposed plan for their care (having regard to their age and understanding), and consider them;
- Consideration must also be given to the wider context of the family and environmental factors.
2.2 Decision Making
Where a child has been Looked After for 20 working days or more, the decision to cease looking after the child should not be put into effect until it has been approved by the Nominated Officer.
A young person aged 16/17 should not be discharged from Section 20 Accommodation until the decision has been approved by the Chief Officer for Children's Services (see Section 3, Children Who are 'Eligible Children' – Transition into Adulthood).
The social worker will need to complete a Change of Circumstances Form Reg. 39 and forward the document to the personal assistant of the Chief Officer. The Chief Officer will then make a decision regarding each individual request.
In making the decision, the Nominated Officer (or the Chief Officer for Children's Services) must be satisfied that:
- The young person's wishes have been ascertained and considered;
- The decision to cease to look after the child will safeguard and promote their welfare;
- The support that the child and parent receive via Dudley Children's Services and partner agencies will be effective in supporting the child being safeguarded and promote the child's well being and best interests;
- The Independent Reviewing Officer (IRO) has been informed.
2.3 Circumstances Around Ceasing to Look After a Child
Circumstances around discharging a child from being Looked After will vary as much as the original reasons for Accommodating the child, but the discharge of the child should always be undertaken in a timely and planned way that reflects the needs and best interests of the child.
A prompt return to the care of a parent will often be appropriate: this should be based on the assessment, and built into the care plan, and should include consideration of the need for continuing involvement of Children's Services.
Where a parent or carer requests the child be returned to their care outside of the Care Plan (if one has been established), the parent or carer should be asked to undertake the return in a planned or negotiated way that reflects the needs and best interests of the child, (e.g. contact arrangements to assist the return; individual counselling, etc.), and to ensure appropriate support becomes available to them or the child. (Note: a lack of resources should not be a reason for delaying the child returning home).
However, when Dudley Children's Services receives a request for the child to return home immediately, (under Section 20(8)) this must be responded to; any delay in so doing may bring severe criticism, and possible financial penalty, from a court.In some cases a parent's demand for the unplanned return of the child to their care will raise concerns about the child's welfare. In these circumstances:
- Careful consideration should be given as to whether the request puts the child at immediate risk of Significant Harm. If this is the case, then the procedure for seeking an Emergency Protection Order (or, where appropriate, Police Protection) should be invoked;
- The social worker should consult the Nominated Manager (Ceasing to Look After a Child);
- The IRO's opinion should be sought;
- A Working Agreement with the parent or carer should be sought;
- The social worker and team manager should discuss whether to make an urgent request for a service to support the child or parent /carer e.g. CAF/Early Help, 'Relate' or Drug/alcohol advisory service etc.
- Other partner agencies, such as Schools, Education Department and Health should be advised of the change of circumstances;
- A Child in Need Planning Meeting should be promptly arranged.
Consideration may also be given as to whether the parent / carer's actions require the convening of a Child Protection Conference.
A child who ceases to be Looked After is potentially a Child In Need, (see Child in Need Plans and Reviews Procedure).
A Child In Need meeting should be convened unless this is inappropriate. This meeting will draw up a plan to safeguard the child's welfare, with the objective of ensuring that the return to the parent or carer is successful.
The Plan should:
- Consider the child's needs and views;
- Consider the parents' capacity to meet the needs of the child;
- Take into account the existing family and support network;
- Take into account the environmental/community factors – both positive and negative;
- Acknowledge the child's changed legal status; and
- Establish other agencies roles and responsibilities with respect to the Plan.
The Child in Need Plan should be subject to Review (see Child In Need Plans and Reviews Procedure, Reviews of Child in Need Plans) to ensure the Plan remains relevant, appropriate and required or whether it should be 'stepped down' to a CAF Plan.
2.5 Children Who Move into Permanency
Some children will cease to be looked after under Section 20 but move into other permanent family placements through a Child Arrangements Order, Special Guardianship Order or Adoption. These Children are entitled to support in their school or early years setting through the school's Designated Teacher who must have a plan that promotes and monitors their educational attainment.
3. Children Who are 'Eligible Children' – Transition into Adulthood
See also Leaving Care and Transition Procedure.
An Eligible Young Person is someone who is:
- Aged 16 or 17 years and has been Looked After for a period, or periods, totalling 13 weeks which started after their 14th birthday; (this does not include a series of pre-planned Short Break placements (of up to 4 weeks) where the child has returned to a parent or person with Parental Responsibility);
- Ended after they reached the age of 16 years.
Eligible Children are entitled to the same level of support as every other Looked After Child, during this important part of their development and transition (see Leaving Care and Transition Procedure).
In relation to an Eligible child, Children's Services must:
- Assess the young person's needs and consider what advice, support and assistance should be provided while they are Looked After and when they are no longer a looked after child;
- Prepare a Pathway Plan and review it regularly;
- Where the child is still being Looked After, arrange a Personal Adviser.
3.1 Assessment of Need
The Assessment underpins the young person's current Care Plan as the starting point for developing the Pathway Plan. The Assessment should take place not more than 3 months after the young person's 16th birthday or after they become eligible, if later than 16 yrs. It should not require significant additional work if the young person is settled with an up to date Care Plan.
This assessment of needs must take into account the following:
- The wishes and feelings of the young person;
- Their parents or other person with Parental Responsibility;
- The young person's health (including their physical, emotional and mental health) and development;
- The young person's continuing need for education, training or employment;
- The support that will be offered by their parents, friends and that all other Connected Persons will be able to give;
- The financial resources available to the young person, together with an assessment of their ability to manage their own finances;
- The extent to which the young person possesses the practical and other skills they will need to manage more independent living;
- The young person's need for continuing care, support and accommodation;
- The view of the educational establishment the young person attends and, if they have an Education, Health and Care Plan, the views of the authority that maintains the Care Plan (if different);
- The views of the IRO;
- The views of the Personal Adviser;
- The views of any person providing health care to the young person;
- The views any other person that Children's Services or the young person feel is relevant.
Where the young person is seeking to discharge themselves from care and live independently, the social worker should also consider the degree to which the young person is able to live independently and their continuing need for support and accommodation.
Following the completion of the assessment of need, the social worker should complete the Pathway Plan as soon as possible. The Pathway Plan should detail:
- Which services will be provided;
- Who will provide these services;
- What actions the social worker will undertake to secure such support;
- Details of the support and involvement from family and other Connected Persons;
- Timescales with regard to all of these.
The Pathway Plan is more than a 'statement of intent, it is a living document'.
The Pathway Plan must include what outcomes are to be achieved be with regard to the young person.
The Pathway Plan must specify the name of the Personal Adviser and detail the arrangements for visiting the young person. It should cover:
- Details of the young person's accommodation when they cease to be Looked After, and how this will be suitable in view of their assessed needs;
- The plans and arrangements for the young person's continuing education and training;
- What support the young person will require to enable them to develop and sustain appropriate family and social relationships;
- How the young person will be supported to build and develop their independent living skills;
- The financial support to be provided to enable the young person to meet accommodation and personal living costs;
- How Dudley MBC will assist the young person in obtaining employment or other purposeful activity when they cease to be looked after, taking into account their aspirations, skills and educational potential;
- The young person's financial capabilities and money management capacity, along with strategies to develop skills in this area;
- How the young person's physical, emotional and mental health needs will be met.
The Pathway Plan should identify a Contingency Plan, (should the Pathway Plan not effectively meet the young person's needs).
The Pathway Plan must be reviewed:
- When the young person requests; or
- If the Personal Adviser considers it necessary; or
- At least once every 6 months.
The Plan should be adjusted accordingly with the young person's achievements, needs and maturity.
3.3 Decision Making
For young people with Eligible status, discharge from care should not take place until the Chief Officer for Children's Services has approved it.In making the decision, the Chief Officer for Children's Services must be satisfied that:
- The young person's wishes and feelings have been ascertained and given due consideration;
- The decision to cease to look after a young person will safeguard and promote their welfare;
- The support that the young person will receive via Dudley Children's Services and partner agencies, will be effective in supporting them, and will promote their well being and best interests;
- The IRO has been informed;
- That an assessment of need has been carried out; a Pathway Plan has been drawn up; and a Personal Advisor has been appointed.
An Eligible child will have the status and entitlements of a 'care leaver'. As such, they will be able to receive ongoing support, advice and encouragement to maximise their potential and will benefit from having direct support from their Personal Adviser up to the age of 25 yrs where they are in Education and Training.
4. Children who are Looked After for Short Periods (Fewer than 20 days) Including Short Term Breaks
If a child has been Looked After for less than 20 days it is not necessary for the Nominated Officer to approve their return home. However, the social worker and team manager must be satisfied that the return is (or remains) in the child's best interests and the arrangements will (continue to) safeguard and promote the child's welfare.
Nevertheless, there will be situations where such circumstances create concern with respect to the child's vulnerability and where it is appropriate to consider whether the child should have a Child Protection Plan (see Child Protection Enquiries (Section 47)) or be a Child In Need (see Child in Need Plans and Reviews).
4.1 Short Term Breaks
The process for ceasing to look after a child should also apply to Short Term Breaks where the Child is considered to be Accommodated.
In these instances the Child will already be a Child in Need and Children's Services and partner agencies will have a considerable level of understanding with respect to the child and the parent or carers with a good level of communication between the practitioners and the family/child.
Nevertheless, the practitioner and team manager should always remain alert and sensitive to changes within the family's circumstances.
(See also Short Breaks Procedure).
4.2 Relinquished Children
When a child is relinquished at birth, they may be placed in a foster home under Section 20 while a suitable adoptive placement is identified. In these circumstances, the parents cannot give consent to the adoption process while the child is under 6 weeks of age (see Sections 18 – 20 Adoption and Children Act 2002).
Where the child is placed under Section 20 and a parent withdraws consent the assessment raised in Section 2.1, Assessment should give careful consideration to:
- The reasons for the child being relinquished;
- Any previous personal history of the parent or family;
- The period of time elapsed between the child being relinquished and the parent's change of mind; and,
- The reasons for the parent's change of mind;
- The Contact / interest expressed by the parent during their separation;
- Issues of bonding by the parent;
- Preparation for caring for the child;
- The Proposed caring environment / home circumstances and support for the parent.
This list is not exhaustive and the information provided as part of the Accommodation and relinquishing procedure will be key in identifying whether safeguarding processes should be invoked.
The social worker and team manager should determine whether the child should be considered as a Child In Need, (if the child has been accommodated for fewer than 20 days), but irrespective of this, there should be clear communication and liaison with GP and health visiting services in respect of the circumstances of the child.
Note: where the child has been Accommodated for more than 20 days, then the permission of the Nominated Officer is required for the child to be returned to the parent's care and due consideration be given to the Review decisions (see Section 2, Children Accommodated under Section 20).
5. Administration / Process Issues
As with all changing circumstances, the practitioner should:
- Ensure that a Child in Need Plan is drawn up and distributed to all relevant professionals/agencies involved;
- Establish a Working Agreement with the Parent or Carer where relevant;
- Ensure the child is appropriately supported through the transitional phase, including any emotional support;
- Ensure that all belongings, mementos, etc remain with the child;
- Pass on any significant information to the parent or carer;
- Ensure that the parent or carer is appropriately supported through the transitional phase;
- Where the child needs to change school, arrange a smooth transition, mobilising support from both the parents and the foster carers/residential staff;
- Ensure that all partner agencies are made aware of the change of legal status of the child, particularly the school or nursery, the Health Visitor and GP;
- Where the placement has been outside the area of Dudley MBC, inform the Local Authority where the child was placed of the child's move;
- Where there has been another Clinical Commissioning Group (CCG) involved, advise that CCG of the child's move so that the medical documents can be transferred. The Child's home CCG should also be informed of the change so that the child's Health Plan can be progressed without delay;
- Ensure that the Placement Team is informed, and where the provider is an independent provider, that notice is given as soon as possible and within the commissioning/contractual arrangements;
- Inform the IRO;
- Ensure that CCM is updated to amend the status and address details etc;
- Ensure that School and Health records are effectively transferred (where appropriate) to support a smooth transition of information.