3.1.8 Placement with Parents |
SCOPE OF THIS CHAPTER
This chapter sets out the policy and principles for placing a Looked After Child, the subject of a Care Order with their parent. It provides an overview of the legal framework prescribed by Care Planning, Placement and Review Regulations 2010, and sets out the actions required by those regulations.
This chapter was revised in October 2011 in relation to the Care Planning, Placement and Review Regulations 2011. The main changes are:
The Placement of Children with Parents Regulations 1991 are repealed and superseded by the 2010 regulations.
The assessment of parent's suitability to care for the child is more specific.
The arrangements for the approval of an emergency placement for up to 10 days, pending the assessment are more specific.
RELATED CHAPTERS
Looked After Children Procedure
Contents
1. Principles
The local authority should always seek to place a child being looked after with their parents, or those with parental responsibility, when such a placement is the most suitable way of safeguarding their long term welfare.
The local authority has a primary responsibility to safeguard and promote the child's welfare, whilst at the same time enabling and encouraging parents to resume or to undertake full parental responsibility, as soon as it is in the child's interest so to do.
2. Policy and Practice
2.1 Children Subject to Care Orders
A Care Order will only have been made if the court is satisfied that the child is suffering or is likely to suffer Significant Harm in the care of his/her parents. It is therefore important to be especially careful when such children are being returned to the care of their parents. Where the child is returned to parental care, this will be under the provisions of the Care Planning, Placement and Review Regulations 2011. Any return of a child to parents in these circumstances will usually be the first part of planned progress towards discharge of the Care Order.
When the local authority arranges for a child subject to a care order to live with his parents or others with Parental Responsibility, its duty to consult, make plans and review a child's progress is not reduced in any way.
2.2 Care Planning
Any plan for the re-unification for a Looked After Child must be confirmed by the outcome of a Core Assessment or other specialist assessment. Objectives must be reasonable, and timescales guided by the child’s needs and not too short or unachievable. Plans must not be dependent on resources which are scarce or unavailable. The plan must always be focused on the child. The commitment of all parties to the reunification plan is essential.
2.3 Looked After Children Reviews
Where there is considered to be a realistic prospect of re-unification of the child with his/her parents, the decision making process will be informed by the findings of the completed Core Assessment, which will be presented at the LAC Review.
LAC Reviews must if necessary be brought forward in these circumstances to ensure that in all cases a LAC Review is held to consider the re-unification plan.
A LAC Review is also the most appropriate forum at which to commence consultation with other agencies, although for those children subject to Care Orders written consultation must still be undertaken with each relevant agency.
The decision to place will be made on behalf of the local authority by the Nominated Officer who must be satisfied that this is the most suitable way of performing the local authority's duty.
3. Procedures and Regulations
3.1 Assessment of the Parents Suitability to Care for the Child
The Social Worker must complete a thorough, written assessment and before deciding upon whether to place the child, the Authority must:
- Consider whether, in all the circumstances and taking into account the services to be provided by the Local Authority, the placement will safeguard and promote the child's welfare and meet his/her needs set out in the Care Plan;
- Review the child's care;
- Assess the suitability of the parents to care for the child, including the suitability of the proposed accommodation and all other members of the household over 18.
Take into account:
- The parents' capacity to care for children and, in particular in relation to the child:
- To provide for the child 's physical needs and appropriate medical and dental care;
- To protect the child adequately from harm or danger, including any person who presents a risk of harm to the child;
- To ensure that the home environment is safe for the child;
- To ensure that the child's emotional needs are met and he/she is provided with a positive sense of self, including any particular needs arising from religious persuasion, racial origin, and cultural and linguistic background, and any disability the child has;
- To promote the child's learning and intellectual development through encouragement, cognitive stimulation and the promotion of educational success and social opportunities;
- To enable the child to regulate his/her emotions and behaviour, including by modelling appropriate behaviour and interactions with others;
- To provide a stable family environment to enable the child to develop and maintain secure attachments to the parents and other persons who provide care for the child.
The parents' state of health (physical, emotional and mental). This is now extended to include the parents' medical history, including current or past issues of domestic violence, substance misuse or mental health problems;
- The parents' family relationships and the composition of the parents' household, including:
- The identity of all other members of the household, their age and the nature of their relationship with parents and one another, including any sexual relationship; their relationship with any parent of the child;
- Other adults who are not members of the household but are likely to have regular contact with the child;
current/previous domestic violence between household members including the parents.
The parents' family history, including:
- The particulars of the parents' childhood and upbringing, including the strengths and difficulties of their parents/carers;
- The parents' relationship with their parents and siblings, and their relationships with each other;
- The parents' educational achievement, including any specific learning difficulty/disability;
- A chronology of significant life events;
- Other relatives and their relationships with the child and parents
Criminal offences of which the parents have been convicted or cautioned and the parents' past and present employment/sources of income.
The nature of the neighbourhood and resources available in the community to support the child and parents
- In relation to other members of the parents' household, the assessment must take account of the above considerations.
The assessment should include any available information about the parents' previous experiences of looking after children. Where a parent has other children subject to care/adoption orders, earlier case records should be explored to ascertain the circumstances which led to social work involvement , and any indication that the capacity of the parent to bring up children has changed.
Placement of the Child with Parents before the Assessment is completed.
There is a new provision that, where the Nominated Officer considers it necessary and consistent with the child's welfare, the child may be placed with parents before the Assessment of Parents' Suitability to Care for the Child (see above) has been completed, provided:
Arrangements must be made for the parents to be interviewed to obtain as much of the assessment information as can be readily ascertained at that interview which should include:
- Inspection of their accommodation;
- The support required and the agencies that will provide it.
A risk assessment should be provided to the nominated officer
The assessment and the review of the child's case are completed within 10 working days of the child being placed;
The decision on placement is made and approved within 10 working days of the assessment being completed, and
- If the decision is to confirm the placement, the Placement Plan is reviewed (and if appropriate amended);
- If the decision is not to confirm the placement, the placement is terminated.
3.2 Consultation
The local authority must satisfy themselves that the placement of the child is the most suitable way of performing their duties under Section 22 (3) of the Children Act 1989 and that the placement is the most suitable having regard to all of the circumstances.
Before making any decision with respect to the child whom they are looking after, the local authority shall as far as reasonably practicable ascertain the wishes and feelings of.
- The child;
- His parents;
- Any person who is not a parent but who has Parental Responsibility;
- Any other person whose wishes and feelings the local authority considers to be relevant.
In making any such decision and considering the child’s wishes and feelings the local authority must have regard to the child’s age and understanding and the child’s religious persuasion, racial origin and cultural and linguistic background.
Consultation must also take place with other voluntary and statutory agencies who are, or may have been, previously involved in the care of the child.
3.3 Criminal Records Bureau (CRB) Disclosure
An enhanced CRB check must carried out on all adult household members where it is proposed the child will live. This includes children aged 16 years and over. Their prior permission to obtain this information must be obtained for the authority to apply for disclosure on their behalf.
Any risks identified during the CRB checking process will be considered as part of the overall risk assessment process.
3.4 Responsible Authority
The decision to place a child in care at home is the responsibility of the Lambeth Children and Young Peoples Service, Social Care Division, subject to consideration of all relevant information.
The decision will be taken by the Assistant Director Safeguarding, Quality Assurance & Service Development who has been nominated by the Divisional Director Social Care to carry out this duty on the Divisional Director's behalf.
The Nominated Officer must be satisfied that placing the child with their parents is the most suitable way of performing the local authority's duty.
The child should only be placed after the placement decision has been made.
3.5 Agreement with Carer
Planning must in all cases take account of the needs of parents for support, for help in dealing with problems that arise, to enable them to provide sound parenting. Before the placement with parents is put into effect, a written agreement will be drawn up with the person with whom the child is to be placed, a copy will be sent or given to that person, and they are required to sign the document and return it to the Social Worker. The document will set out the practical arrangements for sharing Parental Responsibility for the duration of the placement. The agreement must cover the issues specified (Appendix 1 - Carer Agreement).
3.6 Notification of Placement to Other Parties
The local authority shall, so far as practicable, give written notice to all persons whose wishes and feelings were sought in the decision making stage of the placement i.e. the child, his/her parents, any person with parental responsibility for that child, any other persons whose wishes and feeling the local authority had considered tot be relevant. The local authority must also give notice to those listed below:
- The District Health Authority in the area the child lives;
- The local Education Authority in the area the child lives;
- The child's medical practitioner;
- Any other Local Authority;
- Any other person who has been caring for the child prior to the placement;
- Any person to whom a Residence Order was in force prior to the Care Order.
Notification shall include the main details of the placement decision and details of where the child is to be placed. Any exceptions to the requirements to give notice will be agreed and recorded by the Assistant Director Safeguarding Quality Assurance and Service Development. Proforma letters are at Appendix 2- Notification and Consultation regarding Placement - Letter to Other Agencies and Appendix 3 - Termination of Placement - Letter to Other Agencies.
The local authority shall not be required to give notice to persons whose whereabouts are unknown or cannot be readily ascertained or in any case where the local authority determines that to give such notice would not be necessary to safeguard and promote the child’s welfare.
3.7 Support and Supervision of Placements
The purpose of supervision is to ensure that the welfare of the child continues to be appropriately provided for by the placement. The Social Worker’s task is to monitor the child's progress, to give advice and assistance and to work with the child and carer towards the planned objective of the placement.
As emphasised in the guidance above, great care must be taken to assess what type and level of support is needed to assist the re-unification plan and safeguard the child’s future. Support may well be needed for an extended period if the re-unification plan is to succeed.
Regulations require that visits shall be made as necessary but they should be made in any case no less than:
- Within one week of the start of the placement;
- In the first year of placement at intervals of not more than 6 weeks;
- In the second and subsequent years at intervals of not more than 3 months; and also whenever reasonably requested by the child or the person with whom the child has been placed.
Or in the case of a series of short term placements with the same person, which may be treated as a single placement:
- Within the first 7 days of a short term placement;
- During the first of the series of short term placements; and
- On one other occasion while the child is placed during the series of short term placements no later than 6 months after the first visit if the same placement.
So far as is practicable arrangements should be made to see the child alone on each visit and a written report must be made of every visit and saved in Framework.
3.8 Arrangements with Other Local Authorities
Where children are placed with parents in the area of another local authority all relevant information must be provided to enable that other authority to supervise effectively on behalf of this authority if they have agreed to do so.
Where Lambeth Council supervises a placement on behalf of another authority, that authority must be sent copies of all reports of visits and reviews.
Consultation should take place as necessary with other authorities wherever action is required in relation to each child.
3.9 Termination of Placements
A placement must be terminated if it would no longer meet the needs of the child.
Where the above circumstances apply to a child whom Lambeth Council supervises on behalf of another authority, Lambeth Council may remove the child immediately if it would be detrimental for the child to remain; the other authority must be informed immediately and will make arrangements for the care of the child as soon as is practicable.
Despite the above, the majority of decisions to terminate placements will be taken in the light of prior consultation at a Disruption of Placements Meeting with the persons concerned. Different degrees of planning will be possible for each situation, ranging from a carefully prepared planned move to immediate action.
Written notification of the decision to terminate the placement must be given, so far as practicable, to:
- The child, having regard to his age and understanding;
- The person whose wishes and feelings have been sought in relation to the decision to terminate the placement;
- The person with whom the child is placed;
- Other authorities who were notified.
3.10 Placements Outside England and Wales
For placements outside England and Wales the Authority shall ensure as far as is practicable that the regulations are complied with as if this child were being placed in England and Wales.
3.11 Placement of Children over 16 Years
The Regulations require that at a minimum the following procedure is carried out unless it is considered that a fuller assessment would be helpful. A LAC Review must still be held prior to placement unless an immediate placement is required.
Minimum requirements are:
- The local authority will be satisfied that the placement is the best way of performing its duties and that the placement is the most suitable having regard to all the circumstances;
- For placements outside England and Wales the Authority shall ensure as far as is practicable that the regulations are complied with as if this child were being placed in England and Wales;
- If it appears that the placement no longer meets the needs of the child or places the child in danger it will be terminated.
The decision to place must be taken by the Assistant Director Safeguarding, Quality Assurance and Service Development, who must be satisfied that this is the most suitable way of performing the local authority’s duty.
3.12 Short Term Placement
These procedures apply to a series of short term placements with the same person where the following conditions are satisfied:
- All the placements occur within a period which does not exceed one year;
- No single placement is for a duration of more than four weeks; and
- The total duration of the placements does not exceed 90 days.
Any series of short term placements can be treated as a single placement.
3.13 Court Ordered Placements on an Interim Care Order
Whilst this process isn’t explicitly covered in the Regulations in cases where a Court Orders that a child who is subject to care proceedings be immediately returned home on an Interim Care Order (ICO) this placement will be treated as an immediate placement and enquiries made accordingly. The enquiries may be subject to judicial direction or court timescales. In summary the enquiries should include:
- Consultation with the Guardian Ad Litem;
- An appraisal of the case history and underlying factors;
- An interview with the parent(s) or carers;
- An inspection of the accommodation;
- A search of relevant information about any other persons living in the household;
- An assessment of what type of support and monitoring package is needed to safeguard the child during this period, and which agencies should be involved.
CRB checks must be undertaken immediately, and a LAC Review must be held at the earliest possible opportunity. All other provisions of the regulations should be carried out as soon as possible but at least within six weeks. The decision to place must be taken by the Assistant Director Safeguarding Quality Assurance and Service Development, who must be satisfied that this is the most suitable way of performing the local authority's duty.
4. Appendices
Appendix 1 - Carer Agreement
Click here to view Appendix 1 - Carer Agreement
Appendix 2- Notification and Consultation regarding Placement - Letter to Other Agencies
Appendix 3 - Termination of Placement - Letter to Other Agencies
Click here to view Appendix 3 - Termination of Placement - Letter to Other AgenciesEnd