3.1.4 Placements with Parents |
SCOPE OF THIS CHAPTER
This Chapter relates to the child/ren, who are subject of an Interim Care Order or Care Order, and are to be placed with their parent(s), a person with Parental Responsibility for the child, or a person in whose favour a Residence Order or Special Guardianship Order was in force prior to the Care Order being made for more than 24 hours. This includes periods of agreed contact that exceed 24 hours, a series of short term stays with their parents and where there is a plan of reunification.
This chapter is informed by the following legal references:
- Section 23(2)a, (3), (4) and (5) of The Children Act 1989, and
- The Placement of Children with Parents etc Regulations 1991, Volume 3 of The Children Act 1989 Guidance and Regulations
The regulations do not apply to young people remanded to the care of the local authority, those children accommodated under s. 20 of The Children Act 1989, and those children who are the subject of an Emergency Protection Order.
Placements with any other relatives or friends are covered by the Fostering Procedures, see Kinship Care Policy and Placement with Connected Person Procedure.
This chapter first appeared in this manual in February 2010.
AMENDMENT
This chapter was significantly updated in September 2011to take account of the changes in the Care Planning, Placement and Case Review (England) Regulations 2010 and Associated Guidance (Including the IRO Handbook) and should be read in its entirety.
Contents
1. Introduction
Lincolnshire County Council is committed to reuniting Looked After Children (Looked After Children who are subject of Care Orders or Interim Care Orders) to their families whenever such a plan is in the child's best interests. Although the preferred option is to return a child home where there has been a successful court application which discharges the care order, there are circumstances where it is in the child's best interests to be placed with parent(s) for a period exceeding 24 hours while the child remains subject of a Care Order.
Decisions in respect of placing a child with their parent(s) whilst still subject of a care order will require thorough assessment and will form part of the child's care plan. Recent research found that high quality multi-agency assessments (including adult and children's services) was critical to both successful returns home and the range of support provided. The research also found that 46% of the children who were returned home were abused and neglected by their families, which highlight the need for rigorous assessment and consideration of previous and current risks.
2. Child's Care Plan
Every child who is a Looked After Child by Lincolnshire County Council will be the subject of statutory Looked After Children Reviews. A Permanency Plan will be formulated no later than the child's second statutory review. The Child's Care Plan will detail the outcome that is to be achieved.
In the vast majority of cases a proposal of a child to be placed with their parents will be made as a result of careful planning and be recommended as a result of the Children in Public Review. The only exception to this is where placements need to be made in an emergency in exceptional circumstances, see below.
Where the Child's Care Plan proposes a placement with parents, the Care Plan must detail the purpose of the placement, the intended outcome and the steps that need to be taken before a placement can be made and the steps that will be taken following any proposed placement.
If the proposal to return a child to the care of his/her parents constitutes a major change in the care plan and the child is to be returned to a carer where there were previous safeguarding issues a child protection conference should be considered.
3. Situations Where this Procedure Should be Applied
3.1 Rehabilitation to a Parent or Person with Parental Responsibility from whom a Child was Previously Removed
The full assessment process must be completed before the decision can be finalised by the Head of Service. A decision must be finalised before the child can be returned home.
3.2 Regular Staying Contact
Where it has been agreed as part of the child's care plan that the child is to stay in the care of his/her parent for more than 23 hours for the purpose of contact, a full assessment must be completed prior to the stay.
3.3 Holidays
Where it has been agreed that a child or young person may accompany their parent for a short holiday a full assessment must be completed. Where approval has already been given for the child to have regular staying contact with their parent, the assessment should be updated to include the holiday destination and any additional people accompanying the child and parent or other residents at the destination.
3.4 Parent and Child Placements
Parent and child placements come under these regulations, where babies and children are subject of an Interim or Full Care Order.
These situations can include placing the child with a parent(s) in;
- A parent and child placement
- Residential family assessment centres
- NHS and Private Psychiatric parent and baby units
- Specialist substance drug and alcohol rehabilitation centres
- Parent and child foster placements
- And placements where the parent and baby stay with a relative
3.5 Children at Home on Interim Care Orders
There are occasions when a child remains at or is returned home during the court proceedings. Children placed at home with their parents under an Interim Care Order are subject to these regulations.
3.6 Unplanned or Immediate Placements
Unplanned or immediate placements of children and young people who are subjects of a Care Order should not occur. If exceptional circumstances warrant their consideration the Head of Service and Team Manager should discuss the need for the Placement with Parents Regulations. If the Head of Service agrees to the proposal, the Team Manager should advise the social worker to implement the checks detailed in (a) and (b) below, the decision should be recorded on ICS.
Before an immediate placement is made the Lead Social Worker should: -
- Interview the person with whom the child is to be placed in order to obtain as much of the information specified in Appendix A as can be readily ascertained at the interview, and
- arrange to obtain as much of the information specified in Appendix A paragraph 2 in relation to other members of the household aged 16 and over, in which it is proposed the child will live, as can be readily ascertained at the time of that interview
The Independent Reviewing Officer for the child should be informed of the change of Care Plan and a 20 day Looked After Children Review should be convened. Such an event is the exception and is likely only to occur if the court directs that the child be returned home whilst subject of an Interim Care Order. If such an event occurs and the child is subject of a child protection plan, the chair of the child protection conference and members of the core group should be informed. Consideration should be given to convening an early review child protection conference.
3.7 Short Term Placements
The assessment process should be followed where it is planned that a series of short term placements will take place with the same person under the following conditions:-
- All of the placements occur within a period of one year
- No single placement is for longer than four weeks, and
- The total duration of the placement does not exceed 90 days
Any series of short term placements to which these regulations apply may be treated as a single placement.
4. Procedure
The child's social worker will undertake a series of home visits to assess the potential placement and interview other household members as detailed in 5 below and Appendix A. The information gathered should be compiled as a Core Assessment. (See 5 below). The start date of the core assessment should be completed on ICS. The Core Assessment should be completed within 35 working days.
5. Enquiries and Assessment
The Lead Social Worker will need to undertake a series of home visits to assess the potential placement, interview the applicant and any other children or adults in the home to seek their views.
The Lead Social Worker must take into account any special needs of the applicants and related requirements including the use of advocates, interpreters and other professionals to ensure that the parents and the child/young person are able to fully participate in the assessment process.
The assessment should take account of:
- The parents’ capacity, and the capacity of other adult members of the household, 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), the parents’ medical history, including current or past issues of domestic violence, substance misuse or mental health problems;
- The state of health (physical, emotional and mental) of other adult members of the household and their 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; See Appendix A
- Other adults who are not members of the household but are likely to have regular contact with the child; See Appendix A
- 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 or other members of the household have been convicted or cautioned
- 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
- 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.
The Lead Social Worker will use the information to complete the Core Assessment with contributions from other professional involvements at the request of the Lead Social Worker. It is important that the concerns that led to the child being received into care have been fully addressed. If the same concerns remain there is a high risk of re-admission to care.
Upon completion of the Core Assessment the child's care plan should be updated with clear targets, commitment from all involved agencies and family members and the ongoing monitoring role prior to, during and following the child's return. The role of foster carers in supporting the reunification should be considered and supported. Research indicates that there are benefits to the reunification process if foster carers and residential workers are involved in preparing children and offering follow up support to the child and their parents following reunification. The use of a family group conference should also be considered.
The Core Assessment will need to be reviewed and completed within 35 working days of the child/young person returning to live with their birth family. This is an important assessment time as research has shown that many children are harmed within the first three months of the return to their parents. This provides a picture of the child/young person's circumstances at the beginning of the period living with birth family. Should there be any concerns that the child's needs are not being met a new Core assessment should be commenced.
The information, summaries and conclusions will evidence an analysis of the comparisons from the last Core Assessment and/or Assessment and Progress Record that was completed whilst the child was looked after. It is therefore important that the assessments are completed in such a way that the information compared is up to date.
6. Young People Over 16 Years of Age
The full scope of the Placement with Parents Regulations does not apply to young people aged over 16 years. Thorough assessment is still required to ensure that the placement will safeguard and promote the welfare of the young person.
The Lead Social Worker should still complete a Core Assessment, which together with Placement Agreement, chronology and Care Plan should be forwarded to Team Manager for an approval.
7. Placements Outside of England and Wales
Where the proposed placement is outside England and Wales, Lincolnshire County Council should make arrangements (in accordance with the provisions of paragraph 19 of Schedule 2 to The Children Act 1989 (placement of child in care outside England and Wales) to ensure that, so far as is reasonably practicable, requirements corresponding with the requirements of these Regulations are complied with in relation to that child, as would be required to be complied with under these Regulations if the child were placed in England and Wales.
8. Approvals
The Head of Service for the relevant Team in consultation with the Team Manager will consider the request.
The following documents should be reviewed by Team Manager:-
- Core assessment
- Signed placement agreement
- Chronology
- Care Plan
- Adult health report
- Home safety report
The Core Assessment only should be forwarded to Head of Service for approval.
An additional copy of all documentation should be sent to the Independent Reviewing Officer.
Once approval is agreed by the Nominated Officer (Head of Service for the relevant area), the Lead Social Worker will notify the child's parents and other agencies of the decision in writing.
The Nominated Officer must be satisfied that:
- The child’s wishes and feelings have been ascertained and given due consideration;
- The assessment of parents’ suitability to care for the child has been completed;
- The placement will safeguard and promote the child’s welfare;
- The Independent Reviewing Officer has been consulted
If approval is given, consideration should be given to whether the Care Order is still required. The Local Authority and parents may agree to apply to discharge the Care Order and if so, such an agreement must include the level of support and supervision to be provided by the Local Authority after the Care Order has been discharged, and the level of co-operation by the parents.
Where approval is not given the child's parents should be given the reasons for the decision and should be informed of the complaints procedure and their right to seek legal advice to challenge the decision. The Independent Reviewing Officer should be informed of the decision and a Looked After Children Review convened within 20 days of placement.
Where a care plan is amended at a Looked After Children Review meeting and approved by Team Manager the amended Care Plan should clarify the steps to be taken and the timing of these to enable an application for an order to revoke the Care Order to be made. The timing should not normally exceed 12 months from the date of placement.
Whilst the Care Order remains in force, the placement will continue to be reviewed as part of the Looked After Children procedure.
9. Placement Agreement
The Lead Social Worker should draw up a placement agreement. See Appendix B.
Following a placement decision the local authority shall seek to reach agreement with the person with whom the child is to be placed on all the particulars, so far as is practicable, specified in Schedule 2 below and the placement shall not be put into effect unless and until such an agreement on all such particulars has been reached and recorded in writing and a copy of it has been given or sent to that person.
A placement planning meeting shall be held prior to the child returning to birth parents. The plan will outline fully any requirements including expectations around professional visits, participation in activities, assessments, appointments, and managing risks and outline clearly any consequences relating to non compliance of agreement for the placement.
Consideration must be given to any special needs and related requirements including the use of advocates and professionals to ensure that the parents and the child/young person fully understand the requirements outlined in the Placement Information Record, Care Plan and other written agreements.
The parent(s) must sign the placement information record and copies provided to all professionals, friends, family members involved in the Care Plan and placement plan.
The Placement Information Record and covering letter will be the notification to all the professionals of the agencies of the plan for the child to be placed with parents.
The Placement Plan and Care Plan will be reviewed in line with the respective procedures.
10. Notification of Placements
The social worker will update the child’s electronic record with the details of the placement.
The Lead Social Worker should give notice of the placement decision and details to:
- The child
- His/her parents and any other person with Parental Responsibility who held a Residence Order prior to the Care Order being made
- All the persons whose wishes and feelings have been sought in relation to the decision to place the child
- Independent Reviewing Officer
- Local Education Authority
- All relevant health professionals
- The relevant local authority if the child is placed outside of Lincolnshire
These notifications must be made in writing, advising of the placement decision and the name and address of the children’s home where the child is to be placed. The notifications should be before the start of the placement or within 5 working days.
11. Support and Supervision of Placements
The assessment process should have identified a clear plan of support which should involve all key professionals including foster carer or residential worker. The child's care plan should clearly identify the level of ongoing monitoring and the role of all persons involved in the plan. A Family Group Conference should also be considered
Once a child is placed the following visiting plan should be followed by the child's Lead Social Worker:-
- Within one week of placement, then
- At intervals of no more than six weeks during the first year of placement.
If the child is placed with parents pending assessment, social work visits must take place at least once a week until the first Looked After Review, thereafter at intervals of not more than 6 weeks.
The above timescales represents the statutory requirements, however Lead Social Workers should bear in mind that best practice would include more frequent visits particularly in the early weeks of the reunification process.
- At each visit the child should be seen and their wishes and feelings ascertained
- A record of the visit should be recorded on ICS
12. Planning
The primary use of placements under Placement of Children with Parents Regulations is to test rehabilitation. It is therefore expected that if the placement continues, and the child remains with his or her parents, that consideration will be given to apply to discharge the Care Order.
Discharge of the Care Order can only be achieved by application to the court, and approval for such an application by Children's Services can only be given by the Head of Service after a Planning Meeting has been held.
13. Looked After Children Reviews
Looked After Children Reviews should continue to be convened following placement following the LAC timescales. Consideration should be given at each LAC review whether the Care Order remains appropriate.
14. Child Protection Concerns
Any concerns of a child protection nature should be discussed with the Lead Social Worker's supervisor immediately and LCC Child Protection Procedures followed.
If concerns raised suggest that the child is at imminent risk, where possible legal advice should be sought. If it is felt that the child should be removed from the family home where possible parent's agreement should be sought however if they refuse, it may be necessary to apply to the Court for a Recovery Order. In all of the above situations, the child's Independent Reviewing Officer must be informed and all relevant agencies should be informed of the change of placement. If the placement is terminated a Looked After Children Review should be convened.
15. Notification of Termination of Placement
If a placement is no longer considered to be in the best interests of the child it should end in a timescale determined through a specially convened Looked After Children Review.
If the situation is an emergency, the Team Manager can take the decision to remove the child from the placement immediately, in consultation with the Head of Service.
When a decision has been made that the placement should be terminated, the Social Worker should ensure that the following are informed:-.
- The child, having regard to his age and understanding
- Any other persons 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 involved agencies
Notice should be given in writing of the termination of the placement to all those persons above, other than the child and the person with whom the child was placed.
Appendix A - Issues to be taken into Account in Considering Suitability of Persons and Households
- In respect of a person with whom it is proposed the child should be placed-
- Age
- Health
- Personality
- Marital status and particulars of any previous marriage
- Previous experience of looking after and capacity to look after children and capacity to care for the child
- The result of any application to have a child placed with him or to adopt a child or of any application for registration under section 71 (registration as child-minder) of the Act and details of any prohibition on his acting as a child-minder, providing day care, or caring for foster children privately or children in a voluntary or registered children's home
- Details of children in his household, whether living there or not
- Religious persuasion and degree of observance, racial origin and cultural and linguistic background
- Past and present employment and leisure activities and interests
- Details of the living standards and particulars of accommodation of his household
- Subject to the provisions of the Rehabilitation of Offenders Act 1974, any criminal conviction
- In respect of members of the household aged 16 and over of a person with whom a child is to be placed, so far as is practicable, all the particulars specified in paragraph 1(a), (b), (c), (d), (f), (i), and (k) of this Schedule
Appendix B - Placement Agreement
Regulation 7
On which there should be agreement with the person with whom a child is to be placed
- The authority's plans for the child and the objectives of the placement
- The arrangements for support of the placement
- Arrangements for visiting the child in connection with the supervision of the placement by the person authorised by or on behalf of the local authority or area authority, and frequency of visits and reviews of the child's case under regulations made under section 26 of the Act(6) (review of cases)
- Arrangements for contact, if any, (including prohibition of contact) in pursuance of section 34 of the Act (parental contact etc for children in care)
- Removal of the child from the placement in the circumstances specified in regulation 11
- The need to notify the local authority of relevant changes in circumstances of the person with whom the child is placed, including any intention to change his address, changes in the household in which the child will live and any serious occurrence involving the child such as injury or death
- The provision of a statement concerning the health of the child, the child's need for health care and surveillance, and the child's educational needs and the local authority's arrangements to provide for all such needs
- Any arrangements for any delegation and exercise of responsibility for consent to medical examination or treatment
- The need to ensure that any information relating to any child or his family or any other person given in confidence to the person with whom the child is placed in connection with the placement is kept confidential and that such information is not disclosed to any person without the consent of the local authority
- The circumstances in which it is necessary to obtain in advance the approval of the local authority for the child living, even temporarily, in a household other than the household of the person with whom the child has been placed
- The arrangements for requesting a change in the agreement.
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