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Contents

1. Accommodated Children
2. Requests to Remove a Child from Care

1. Accommodated Children

Authority to Remove a Child

The authority to remove an accommodated child varies according to the child’s age, and whether or not there is a Residence Order in force in respect of the child.

Young persons aged 16 or over may remain accommodated if they so wish despite a request for their return (1989 Children Act s20 (11)).

The following persons may remove a child from accommodation without notice:

• A person with a Residence Order in their favour (provided that any other person who has a Residence Order in their favour agrees) or
• Where there is no Residence Order in force, any person with parental responsibility (regardless of the wishes of any other person with parental responsibility)

A parent who does not have parental responsibility may request the child’s return. They may not remove the child. There is an obligation to consider their request. The child should return to their care if:

• No person with parental responsibility objects and
• The arrangements are practical and appear consistent with the child’s welfare

Response to a Request to Remove a Child From Accommodation

If the allocated or a duty Social Worker is faced with an unplanned request to remove a child from s20 accommodation s/he must:

• Confirm that the person does have parental responsibility
• Establish from the file who else (if anyone) also has parental responsibility and what the agreed Care Plan is
• Consult parents, and others who have parental responsibility (and in particular anyone who holds a Residence Order) about the proposal
• Seek the views of the child (and attribute a weighting to them according to their level of understanding)
• Discuss with the person seeking the child's removal the immediate and longer term consequences of such an event
• On the basis of the above actions determine if there is any reason to suspect that the child would be at risk of significant harm if removed - if so consider appropriate child protection action
• Seek to make an agreement about future social work support
• Make a recommendation to the Team Manager or in her/his absence to the Head of Service
• Make the practical arrangements to end the placement as positively as possible

Wherever possible unplanned endings for placements should be avoided: where such a move is anticipated or has occurred abruptly consideration must be given to convening a planning meeting or a LAC review.

2. Requests to Remove a Child From Care

The allocated or duty Social Worker who receives a request from a parent or other person who has parental responsibility to remove and take on or resume the care of a child must:

• Inform the person that such a decision is normally made at a review meeting at which all relevant wishes and feelings, including those of the child, are taken into account
• Draw the person’s attention to the existing Care Plan which should clarify the current intentions with regard to rehabilitation
• Remind the person that, unless a Court has indicated otherwise, or less than six months have elapsed since their last challenge (when they would need to seek leave to do so), then they are entitled to seek a revocation of the Care Order
• Refuse the request

If the person actually removes the child without the consent of the local authority, it may be appropriate to apply to Court for a Recovery Order and the Social Worker should discuss the need for this with their Team Manager and seek legal advice if necessary.

End