Ceasing to Look After a Child

1. Context of Children Accommodated under Section 20

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 and 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 where there are concerns of Significant Harm as a result of appearing to be 'beyond parental control';
• Offer the level of support and care required to an unaccompanied young person from abroad (see Unaccompanied Children from Abroad and Child Victims of Trafficking and Modern Slavery Policy).

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 Child in Care Review should take place within 20 working 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 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, the Children's Trust must carefully consider a 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.

2.1 Assessment

As a result of Accommodating the child, 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 in care, 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, the Trust must assess:

• The suitability of the child's proposed accommodation and maintenance when they cease to be looked-after;
• 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;
• The Social Worker 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; and
• Consideration must also be given to the wider context of the family and environmental factors.

The proposal will normally be considered at a review of the child's care plan before being passed on for a decision.

2.2 Decision Making

Where a child has been in care 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 Head of Service.

Where the child/young person is 16/17 years and has been Accommodated under Section 20, discharge from care should not take place until the decision, made by the relevant Head of Service, has been approved by the relevant Nominated Officer, who acts on behalf of the Director of Children's Services (see Section 3, Children Who are 'Eligible Children' – Transition into Adulthood).

In making the decision, the Nominated Officer or, where relevant, the Director of the Children's Trust (or Area Assistant Director acting on their behalf) must be satisfied that the assessment and Care Plan demonstrates:

• The young person's wishes have been ascertained and considered;
• The child's relatives have been consulted, if appropriate;
• The decision to cease to look after the child will safeguard and promote their welfare;
• The support that the child and parent/person with parental responsibility receive via the Children's Trust and partner agencies will be effective in supporting the child being safeguarded and promote the child's wellbeing and best interests;
• The Independent Reviewing Officer (IRO) has been informed.

When a decision is made to cease to look after the child, the social worker will amend the Care Plan to state the advice, assistance and support that the Children's Trust intends to provide and gain sign/off from the Head of Service.

If the child is being looked after, under Section 20, as a result of a voluntary arrangement with the child's birth parents or person with parental responsibility, they retain full parental responsibility and can therefore remove the child from the Accommodation provided by the Trust at any time.

Under Section 20, the care planning meetings and Child in Care Review process should be about bringing together the child, their family, the child's carers and professionals in order to plan for the care of the child and to review that plan on a regular basis. The decision to cease to look after a child should be part of the care planning process.

2.3 Circumstances Around Ceasing to Look After a Child

Circumstances around ceasing, or discharging, a child from being a Child in Care will vary as much as the original reasons for Accommodating the child, but the discharge of the child from being in care should always be undertaken in a timely and planned way that reflects the needs and best interests of the child. Consideration should be given to support that can be provided through a family meeting, Family Group conference, Family Plus Service or Multi Systemic Therapy (MST).

Where it is possible to return the child to their parent or carer quickly, a commitment to ongoing support should be written into the Care Plan.

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. family time 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 the Trust 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.

Nevertheless, where a return to a parent/carer cannot be planned and also raises concern, (either because of the circumstances surrounding the reasons for Accommodation in the first place or because it does not take into account the safeguarding and the welfare of the child); in these circumstances:

• Careful consideration should be given as to whether the request puts the child at risk of immediate Significant Harm. If this is the case, then the policy for seeking an Emergency Protection Order (or, where appropriate, Police Protection) should be invoked;
• The Nominated Manager's view should be sought;
• Where a review has been undertaken, the IRO's opinion should be sought;
• A Care Plan should be developed in consultation with the parent/carer;
• Consider whether an urgent request and commissioning of a resource(s) or service for the child or parent /carer support should be sought 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 an Initial or, (if the child is already subject to a Child Protection Plan), a Review Child Protection Case Conference (if the Child Protection Plan does not give such guidance).

2.4 Planning

Where a child ceases to be Looked After, they will remain a Child In Need for at least three months.

A Child In Need meeting should be convened wherever possible and appropriate, with relevant agencies, and a Plan drawn up which will promote the safeguarding, welfare and best interests of the child, with the objective of ensuring that the return to the parent or carer is successful.

The Plan should take into account:

• The child's needs;
• The child's views (also referred to as the Voice of the Child);
• The parents' capacity to meet the needs of the child;
• The existing family and support network;
• The environmental/community factors – both positive and negative;
• The child's changed legal status;
• Other agencies' roles and responsibilities with respect to the Plan.

The Child in Need Plan should be subject to Review to ensure the Plan remains relevant, appropriate and required or whether it should be 'stepped down' to a CAF Plan.

2.5 Children Who Achieve Permanence

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 Policy.

An Eligible Young Person is someone who is:

• Aged 16 or 17 years and has been in care for a period, or periods, totalling 13 weeks which started after their 14th birthday (this does not include a series of pre-planned short-term 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 Child in Care during this important part of their development and transition (see Leaving Care and Transition Policy).

In relation to an Eligible Child, from their 16th birthday, the Children's Trust must:

• Carry out an assessment of needs with a view to determining what advice, assistance and support it would be appropriate to provide while looking after them and after it ceases to look after them;
• Prepare a Pathway Plan and review it regularly;
• Where the child is still in care, arrange a Personal Adviser.

(See Leaving Care and Transition Policy, Personal Advisers).

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 years. 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 (Voice of the Child);
• 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 (including advice regarding any Junior ISAs they have access to, Child Trust Fund, or other type of savings), together with an assessment of their financial capability 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 Trust (or Local 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 the Trust or young person feel is relevant.

Where the young person is seeking to discharge themselves from care and live independently, the social worker should evaluate and consider, (including the information from above), the degree to which the young person is able to live independently and the need for their continuing need for support and accommodation.

3.2 Planning

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 needs to undertake to secure such support; details of the support and involvement from family and other Connected Persons; timescales with regard to all of these. It 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 the Trust 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 before their 18th birthday must not take place until the Director of the Children's Trust has approved it.

In making the decision, the Director of the Children's Trust must be satisfied that:

• The young person's wishes and feelings have been ascertained and given due consideration (Voice of the Child);
• The decision to cease to look after a child will safeguard and promote their welfare;
• The support that the child and parent receive from the Trust and partner agencies, will be effective in supporting the child being safeguarded and promote the child's wellbeing and best interests;
• The IRO has been informed;
• That as an Eligible child, there is an assessment of need (covering all the relevant areas); a Pathway Plan (detailing all the issues in Schedule 8 of the 2010 Regulations) 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 years where they are in Education and Training.

4. Children who are In Care for Short Periods (Fewer than 20 days) Including Short Term Breaks

In the event a child is Accommodated for a short period, fewer than 20 days, such as in a family crisis, it is not necessary for the Nominated Officer to approve their return home in these circumstances. 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 Section 47 Enquiries), or be a Child In Need.

4.1 Short Term Breaks

The process for ceasing to look after a child should also apply to Short Breaks (where the child is considered to be Accommodated in these circumstances), unless the child is subject to Regulation 48 (Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review).

(See also The Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review).

In these instances the child will already be a Child in Need and the Children's Trust 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 Policy).

4.2 Relinquished Children

In particular, where children are relinquished at birth, consent for adoption from the birth mother cannot be sought where the child is under 6 weeks of age, unless there is a Placement Order (see Sections 18 - 20 Adoption and Children Act 2002).

Therefore, prior to placing a child in an adoptive placement, the child may be placed in a fostering placement under Section 20 Children Act 1989. In these circumstances, consent for the child to be placed for adoption may be withdrawn by the parent and alternative arrangements made for the child. (See Family and Friends Care Policy).

Where a parent withdraws consent to the child's continuing Accommodation Section 20(8) Children Act 1989, as part of the assessment raised in Section 2.1, Assessment careful consideration should additionally be given to:

• The circumstances with regard 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;
• 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; and
• 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 policy 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

The practitioner should:

• Ensure that a Child in Need Plan is drawn up and distributed to all relevant professionals/agencies involved;
• Update the Pathway Plan;
• • Ensure the child is appropriately supported through the transitional phase, including any emotional support;, ensuring belongings, mementos, etc. are all transferred with the child in appropriate luggage, (belongings should never be transported in bin-bags or other inappropriate containers); information and other discussions with the parents or carers;
• Ensure that the parent or carer is appropriately supported through the transitional phase;
• Where education has been an issue for a child or young person, and they have necessarily had to change school, ensure their transition back to their education setting is supported by the setting, the family and promoted with the child or young person;
• 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 made outside of the Trust area, the Local Authority/Trust where the child was placed should be informed of the move of the child;
• Where there has been another Integrated Care Board (ICB) involved the ICB should be promptly advised of the child's move so that the medical documents can be transferred. The Child's home ICB 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 the electronic record 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.

Appendix 1: Working Together to Safeguard Children, Flowchart 6: Children returning home from care to their families

Click here to view Appendix 1: Working Together to Safeguard Children, Flowchart 6: Children returning home from care to their families.