Children Looked After being Placed Outside Brighton and Hove and Children Being Placed in Brighton and Hove by Other Local Authorities

1. Legislation, Guidance and Regulation

The Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review:

A decision to place a child outside the area of the responsible authority must be approved by a nominated officer, or, if that placement is a distant one, by the DCS [regulation 11 (1)(a) or (b)].

Regulation 11(2)(d)(ii)), as amended, requires the responsible authority to consult with the area authority when they are considering making a distant placement, in good time to enable a thorough assessment of appropriateness (see Annex 4: Suggested information for discussion between authorities when planning distant placements).

The child’s personal Independent Reviewing Officer (IRO) must be consulted before any final decision is made about making an out of authority placement, whether distant or not, to enable the IRO to discuss the proposed arrangements with the child. The child’s wishes and feelings should be taken into account, and where appropriate the child’s relatives or parents should be consulted.

Where a responsible authority is considering a placement in a children’s home it should take into account the information in the home’s Statement of Purpose.

The responsible authority should ask for details of the placements safeguarding arrangements, including any measures taken by the home to manage safeguarding concerns arising from the neighbourhood where the home is located.

Also, 'In making a judgement about the suitability of an out of authority placement for a child, the responsible authority should assess the arrangements which it will need to put in place to enable the child to access services such as primary and secondary health care and specialist health services such as CAMHS. The ICB and Designated Nurse for Looked After Children should be consulted.

Similarly, the Virtual School Head for looked-after children in the area authority…. should be able to advise about access to school support.

For children vulnerable to exploitation and abuse, children's services in the area authority will be an important source of intelligence and information about local arrangements for safeguarding children'.

Placements in Wales - the Welsh Government has developed a protocol for notifying the local authority and the local health board when a child has been placed there from outside the area, and again when the placement ends. This protocol is attached at Appendix 6: Welsh Model Out of Area Notification Protocol.

Local authorities must not place a child under 16 in ‘other arrangements’ out of authority placement in Wales except where the placement is in one of the exempted regulated settings:

• Accommodation provided by a registered care home service equivalent to a registered care home in England;
• Hospitals;
• Schools providing accommodation that are not also registered as a care home service;
• Residential family centre.

Other arrangement placements in Wales may also be used for residential holiday schemes for disabled children as long as the placement setting is one of the alternatively regulated exemptions listed above.

It is essential that the responsible authority takes every step to establish that the child’s needs are matched to the services provided by the placement and that the notification protocol is completed by the responsible authorities and submitted to Care Inspectorate Wales and Ofsted.

See also Placements in Other Arrangements Procedure.

Reference: Section 22 and 22C, Children Act 1989. requires that the child's placement should, as far as practicable:

• Allow the child to live near home;
• Not disrupt school;
• Enable the child to live with sibling;
• Be suitable if the child is disabled;
• Be within the local authority's area.

Reference 22(3) and 22(3A) ‘…identifies all placement decisions are subject to the duty that the placement is the most appropriate way to safeguard and promote the child’s welfare, including the promotion of education. This duty applies not only to placements with unrelated carers but also to those with parents, other persons with parental responsibility and persons in whose favour a residence order had been made before a child became looked after.

Decision-making about placements must be made in the context of the child’s longer term needs for stability and permanence. For example, some children may need to be in a placement with therapeutic treatment provision before a successful permanent placement may be made.‘

Children's Homes and Looked After Children Regulations (Miscellaneous Amendments) (England) 2013

Part 3 Regulation 18 – Decision to place a child outside of the responsible authority, including the placement 'At a Distance').

Part 3 Regulation 19 – Notification to another Authority about a placement being made.

2. Case Recording and Decision Making: Child Being Placed Outside Brighton and Hove

No decision to place a child in another local authority area will be made without due regard to the relevant legislation and statutory regulations as set out above.

Any decision to place a child outside the Brighton and Hove area can only be included in the Care Plan after the following actions have been taken:

• Children's Services Nominated Officer (has authorised the decision). In Brighton and Hove, the Nominated Officer is the Children in Care (CIC) Service Manager;

However, if it is a Placement at a Distance, (i.e. outside the area of the local authority and not within the area of any adjoining local authority), in which case the approval of the Director of Children's Services is required. 

• The Nominated Officer/Director should be satisfied that the decision is being made on the basis of a full appraisal of the child's care, health and education needs and how these will be met in the new placement(ii); further, that the placement will meet the child's needs and be able to safeguard them.
• The Nominated Officer/Director will record their decision as a Casenote Management Decision (Children's Services) on the child's electronic Eclipse record;
• That the area authority has been notified, or, for a Placement at a Distance, the area authority have been consulted and have been provided with a copy of the child's Care Plan;
• Written notification must be given to the area authority of the arrangements for the placement before the placement is made or, if the placement is made in an emergency, within five working days of the start of the placement unless it is not reasonably practicable to do so. The notification must include:
  1. Details of the assessment of the child's needs and the reasons why the placement is the most suitable for responding to these; and
  2. A copy of the child's care plan (unless already provided in the case of a Placement at a Distance).
• Child's allocated social worker has notified, the child's registered practitioner, the child's parents (in most cases), the child's school and anyone else caring for the child;
• These notifications must be done before the placement is made. The ICB and Local Authority in which the child will be living will be notified (this is a legal requirement);
• The Practice Manager has verified that suitable arrangements have been made with the host Authority;
• This must include decisions about who will be responsible for assessments and plans and how these will be recorded, shared and kept up to date;
• Case planning and decisions should give particular reference to the provision of Health Assessments, Health Plans and Personal Education Plans. The Pod Manager should record these decisions on the child's electronic Eclipse record as a Casenote Management Decision (Children's Services);
• All the above should be recorded by the child's social worker on the form at Appendix 4: Notification and Nominated Officer Verification of the arrangements and Placement of a looked-after child in the area of another authority and sent to the host authority. A copy of the form and covering letter should be added to the child's electronic record.

The wider case planning considerations should clearly set out the following areas as a minimum and should include how this information will be recorded and shared:

• Frequency within which the child will be visited in placement and the prescribed frequency within which they should be seen on their own;
• Prescribed statutory frequency within which looked-after reviews will be held and the chairing of these;
• The Independent Reviewing Officer name and contact details;
• Carers must be provided with full information about the child's history and any risks of harm to or from the child;
• Carers must be aware of the whereabouts of children they look after and follow the recognised procedure whenever a child is missing from their home;
• If significant harm concerns arise, safeguarding procedures should be applied as for children living with their own families;
• Checks and assessments have been made through Children's Services agency for the relevant area to verify that suitable arrangements have been or will be made for the reception and welfare of the child in the area where the child will live;
• The child's consent is given where old enough to do so;
• The Parents have been consulted;
• The Parents have Consented or they cannot be found, are incapable of consenting or are withholding their consent unreasonably;
• Consideration has been given to the effect of the placement on the child's relationship with the Parents;
• The placement is recommended by the child's Me and My World Review;
• Where relevant, legal advice has been obtained;
• The approval of the Nominated Officer has been given.

3. Case Recording and Decision Making: Receiving Notification of Looked After Child to be Placed in the Brighton and Hove Area

Notification received from other local authorities looking to place a child looked-after in the Brighton and Hove area will be sent by secure email to: Child.Protection@brighton-hove.gov.uk.

Under the Children's Homes and Looked after Children (Miscellaneous Amendments) (England) Regulations 2013, the Manager of a children's home must notify without delay the area local authority (if different from the placing authority) of the admission to/discharge from the Home of any child.

The notification must state:

• The child's name and date of birth;
• Whether the child is Accommodated under Section 20 or subject to a Care Order or Supervision Order;
• The contact details for:
• The child's placing authority; and
  • The child's Independent Reviewing Officer;
• Whether the child has a Education, Health and Care Plan and, if so, details of the local authority which maintains the plan.

Notification ahead of the Placement should be made, unless it is made on an emergency basis, in which case notification must be within 5days.

For placements being made at a distance, the Authority should have consulted with Brighton and Hove Children's Services.

In all cases, detailed Assessments of the Child's needs, the reasons why the placement is the most suitable in meeting these, together with a copy of the Care Plan should be provided.

Notification of the duties set out in Regulation 10 has been distributed to all Local Authorities (see Appendix 1: Arrangements for Placement of Looked After Child being placed by another Authority in the Brighton and Hove area). Where relevant the Independent Reviewing Service will send out a reminder of what is required by the host authority.

The IRO Administrator will create an electronic record for the child on Eclipse and will enter the child's details (see Appendix 2: Record of Basic Information for Looked After Child Placed in the Brighton Hove Area for procedure for recording information on the child's electronic recording).

• Incomplete forms will be returned to the placing Authority with a request for the missing information to be provided without delay. Failure to return missing information will be monitored via a separate register for follow up;
• The IRO Administrator will complete a search on Eclipse to establish whether the child is already known. If so, the Front Door for Families and Assessment Services Pod Manager will be notified and may make arrangements for any additional checks (by Front Door for Families and Assessment Services) to be carried out. The Front Door for Families and Assessment Services Pod Manager will be responsible for ensuring any relevant information is communicated to the responsible Authority. The Front Door for Families and Assessment Services Manager will record the outcome of communications on a Case note: Management Decision (Children's Service);
• Where Brighton and Hove is requested to carry out certain functions on behalf of the responsible (placing) authority the Front Door for Families and Assessment Services Manager may request a formal planning meeting involving representatives of the placing Authority. The Front Door for Families and Assessment Services Manager will usually take responsibility for chairing the meeting and the placing Authority will be expected to provide sufficient information. Essential information will include the following:
  • Care Plan;
  • Placement Information Record;
  • The most recent Looked-after Review record.
• In these circumstances, Brighton and Hove may agree to undertake the following:
  • Supervise the placement in order to be satisfied that the welfare of the child continues to be suitably provided for; and/or
  • Visit the placement on a regular basis.

Any agreement to supervise the child's placement will only be authorised in exceptional circumstances and should be detailed in writing and signed by the responsible service manager / senior manager in the two Authorities. It will include an expectation that Brighton and Hove will be invited to contribute to the child's Looked-after Review.

It will never be appropriate for Brighton and Hove to agree to a request to supervise a child placed in secure accommodation and/or subject to Section 53 of the Children and Young Persons Act 1933.

Brighton and Hove expects any requests for action to be confirmed in writing by secure email. 

Other than situations of a legitimate emergency where it is not reasonably practicable or possible to contact the child's social worker / Pod Manager / Emergency Duty Team, Brighton and Hove will not make decisions or take any significant action in relation to the child's care arrangements.

At all times case management responsibility will remain with the placing local authority.  

The local authority's duty to undertake Section 47 Enquiries, when there are concerns about significant harm to a child, applies on the same basis to looked after children as it does to children who live with their own families.

Should an emergency or child protection situation arise then Brighton and Hove Children's Services will respond on the basis of the requirements set out in the revised Working Together to Safeguard Children and the Pan Sussex Child Protection & Safeguarding Procedures.

'Working Together' requires that:

• The local authority in whose area a child is found in circumstances that require emergency action (the first authority) is responsible for taking emergency action;
• If the child is looked after by, or the subject of a child protection plan in another authority, the first authority must consult the authority responsible for the child. Only when the second local authority explicitly accepts responsibility (to be followed up in writing) is the first authority relieved of its responsibility to take emergency action.

4. Maintenance of the Register of Looked After Children Placed by Other Authorities in the Brighton and Hove Area

The Children's Performance Team will maintain the register of children placed by other authorities in the Brighton and Hove Authority area. The register will be circulated to:

• Service Manager, Agency Placement Team;
• Designated Nurse Manager (Children Looked-after);
• Virtual School Headteacher.

5. Maintenance of the Register of Looked After Children Placed by Brighton and Hove in the area of another Local Authority

The Children's Performance Team will maintain the register of children placed by Brighton and Hove in the area of another local authority (via Eclipse)

Appendices

Appendix 1: Arrangements for Placement of Looked After Child being placed by another Authority in the Brighton and Hove area form.

Appendix 2: Record of Basic Information for Looked After Child Placed in the Brighton Hove Area flowchart.

Appendix 3: Standard Letter to Authorities Looking to Place Looked After Child in the Brighton and Hove Area.

Appendix 4: Notification and Nominated Officer Verification of the arrangements and Placement of a looked-after child in the area of another authority form.

Appendix 6: Welsh Model Out of Area Notification Protocol

(This protocol was developed by the Welsh Government in conjunction with the children’s residential care sector in Wales.)

Where a child who is looked-after is placed at distance the responsible authority has a statutory duty to notify the local authority and the health care provider, in the area in which the child is to be placed, of the arrangements for placement prior to placement and no later than 10 days thereafter.

Similarly, where a child is provided with accommodation by any Local Health Board, Special Health Authority, Integrated Care Board, NHS Trust or by a local authority in exercise of education functions for three months or more or with the intention of the placement lasting for this time the Accommodating Authority has a duty to notify the appropriate officer of the responsible authority.

Where a child is provided with accommodation in any care home or independent hospital for three months or more or with the intention of the placement lasting for this time the residential setting has a statutory duty to notify the lead Director of Social Services in the area in which the establishment is situated.

Notification should be sent to the Director of Social Services in the local authority in which the home is situated.

Click here to access the Out of Area Notification Protocol Form for use by children’s homes in Wales.