Ceasing to Look After a Child

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 authority must assess:

• The suitability of the child's proposed accommodation and maintenance 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.

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.

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 Children's Services (see Section 3, Children Who are 'Eligible Children' - Transition into Adulthood).

In making the decision, the Nominated Officer, or where relevant, the Director of Children's Services must be satisfied that:

• The young person's wishes have been ascertained and considered;
• The decision to cease to look after the 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 independent reviewing officer (IRO) has been informed.

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 ongoing 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 possible financial penalty, from a court.

Nevertheless, where a return to a parent/carer cannot be planned and also 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), in these circumstances:

• 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 support should be sought e.g. Early Help, '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 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 into account the child's needs;
• Take into account the child's views;
• The parents' capacity to meet the needs of the child;
• The existing family and support network;
• 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 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 Early Help.

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.

The Assessment of Need 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 Need must take into account 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 that all other connected persons will be able to give;
• 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 they will need 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 be with regard to 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 authority will assist the young person in obtaining employment or other purposeful activity when they cease to be looked after, taking into account 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.

For young people with Eligible status, discharge from care should not take place until the Director of Children's Services has approved it.

In making the decision, the Director of Children's Services 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 appointed.

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.

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).

See also: The Children Act 1989, Care Planning, Placement and Case Review Regulations.

In these instances the Child will already be a Child in Need and the Children's 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.

In particular, where children are relinquished at birth, consent for adoption from the birth mother 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).

Therefore, prior to placing a child in an adoptive placement, the child may be placed in a fostering placement under Section 20 Children Act 1989. In these circumstances, consent for the child to be placed for adoption may be withdrawn by the parent and alternative arrangements made for the child (see Kinship Care).

Where a parent withdraws consent to the child’s continuing Accommodation (Section 20(8) Children Act 1989), as part of the assessment raised in Section 2.1, Assessment careful consideration should additionally 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 and Relinquished Children Procedure).