SCOPE OF THIS CHAPTER
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, that 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 for 20 days or more, the decision should be made by a Nominated Officer, or Director of Children's Services if the child/young person is 16/17 years and has been Accommodated under Section 20, before discharge.
This chapter was updated in September 2022 to add a note regarding transferring a child’s belongings in appropriate luggage and includes a link to a link to NYAS, My Things Matter Report. (See Section 5, Administration / Process Issues).
Derby City Council uses a Strengths Based Approach for all work with children and families.
- 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
- Appendix 2: Practice Direction for 16/17 year olds who have been accommodated by Derby City Council under Section 20 of the Children Act 1989 (August 2018)
- 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 Migrant Children and Child Victims of Trafficking and Modern Slavery 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 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 the child and family, together with the timescales for this work to be completed, with a view to the child returning home.
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 local authority 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.
In Derby there is also a Practice Direction relating to the process to follow for 16/17 year olds who have been accommodated by Derby City Council under Section 20 of the Children Act 1989 but who are not engaging with the requirements of Section 20 (see Appendix 2: Practice Direction for 16/17 year olds who have been accommodated by Derby City Council under Section 20 of the Children Act 1989 (August 2018)).
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 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, the local authority must assess:
- The suitability of the child's proposed accommodation 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;
- The local authority 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 (Head of Service for that Service area). To facilitate effective and safe decision making, the Head of Service should be provided with an updated Single Assessment and either the Child In Need or Child Protection plan, which should outline the package of support that will be provided to that child and their family.
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 has been approved by the Director of People (see Section 3, Children Who are 'Eligible Children' – Transition into Adulthood).
In making the decision, the Nominated Officer (Head of Service), or where relevant, the Director of People must be satisfied that:
- The young person's wishes and feelings have been ascertained and considered;
- The decision to cease to look after the child will safeguard and promote their welfare;
- The support the child and parent receive via Children's Services 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.
2.3 Circumstances Around Ceasing to Look After a Child
Circumstances around ceasing, or 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 from being Looked After should always be undertaken in a timely and planned way that reflects the needs and best interests of the child.
A prompt return to their parent or carer will invariably be appropriate and welcomed, especially if the return is part of the child's Care Plan and made possible because of the assessment that has already been undertaken, together with the on-going involvement of the practitioner.
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 the local authority 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 a possible financial penalty, from a court.
Nevertheless, where a return to a parent/carer cannot be planned and 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)
- 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 procedure 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 Working Agreement with the parent or carer should be sought;
- Consider whether an urgent request and commissioning of a resource(s) or service for the child or parent/carer should be sought e.g. Early Help Assessment, '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 Conference (if the Child Protection Plan does not give such guidance).
Where a child who is not already considered to be a Child In Need but ceases to be Looked After, the child will become a Child In Need, (see Child in Need Plans, Work and Reviews Procedure).
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 in to account the child's needs;
- Consider the child's views;
- Consider the parents' capacity to meet the needs of the child;
- Consider the existing family and support network;
- Consider the environmental/community factors – both positive and negative;
- Acknowledge the child's changed legal status;
- 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, Work 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 Early Help Assessment 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, have been Looked After for a period or periods totalling at least 13 weeks starting after their 14th birthday, ending at least 1 day after their 16th birthday and are still in care. (This total does not include a series of pre-planned short-term placements of up to 4 weeks where the child has returned to the parent). There is a duty to support these young people up to the age of 18, wherever they are living.
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 Procedure).
In relation to an Eligible child, from their 16th birthday, the local authority 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 being Looked After, arrange for the allocation of 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 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 consider 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 all other Connected Persons;
- The financial resources available to the young person, 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 needed 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 the local authority or young person feel is relevant.
Where the young person is seeking to discharge themselves from care and live independently, the social worker in addition 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.
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 themselves need 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 about 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 local authority will assist the young person in obtaining employment or other purposeful activity when they cease to be looked after, considering 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 Director of People has approved it.
In making the decision, the Director of People 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 child will safeguard and promote their welfare;
- The support that the child and parent receive via the Children's Services Department 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 allocated.
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 (should the young person wish to receive continued support after the age of 21).
4. Children who are Looked After for Short Periods (Fewer than 20 days) Including Short Term Breaks
In the event a child may have become Looked After 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 make it appropriate to consider whether the child should have a Child Protection Plan (see Section 47 Enquiries) or be a Child In Need, (see Child in Need Plans, Work and Reviews Procedure).
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 circumstances), unless the Child is subject to Regulation 48 (1989 Act, The Care Planning, Placement and Case Review Regulations 2010).
In these instances the Child will already be a Child in Need and the Children's Social Services Department 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
Where children are relinquished at birth, and prior to placing a child in an adoptive placement, the child may be placed in a fostering placement under Section 20. In these circumstances, consent for the child to be placed for adoption and for an Adoption Order to be made can be withdrawn, and consent 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).
Where a parent withdraws consent and the child is placed under Section 20, as part of the assessment raised in Section 2.1 careful consideration should 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; 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;
- 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; 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 out of the local authority, the local authority where the child was placed should be informed of the move of the child;
- Where there has been another Clinical Commissioning Group (CCG) involved the CCG should be promptly advised of the child's move so medical documents can be transferred. The Child's home CCG should be informed of the change so the child's Health Plan can be progressed without delay;
- Ensure the Placement Team is informed, and where the provider is an independent provider, notice is given as soon as possible and within the commissioning/contractual arrangements;
- Inform the IRO;
- Ensure 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.
 See NYAS, My Things Matter Report.