CP6. Children and Families Moving Across Local Authority Boundaries

1.1

Children and young people, especially those assessed to be in need or at risk, are likely to be even more vulnerable because of homelessness and the dislocation that may occur as a result of moving between local authority areas. Relationships with relatives, friends, schools and statutory services are likely to be fractured as a result of such moves; alternatively, those seeking to avoid statutory services may welcome the opportunity to severe relationships with those that have begun to understand them.

1.2

Families may move for a variety of reasons. Failure to comply with the terms of their tenancy, eviction, homelessness, and victimization because of involvement in gangs or anti-social behaviour can all be reasons why families move between local authority areas. Government policy and the pressure on the housing market, especially in inner London, can all lead to the movement of vulnerable children and their families between local authority areas. Increasingly, homeless families are placed for extended periods in other local authority areas; sometimes they may choose to continue to access some universal services within their originating authority (e.g., education). However, as set out in paragraph 1.4, this does NOT determine responsibilities under the Children Act 1989 for safeguarding and promoting the welfare of the children of such families.

1.3

All reasonable efforts should be made to house children who are subject of a child protection enquiry, assessment of need, child protection plan or child in need plan within their local area unless a move is part of the child protection or child in need plan. This applies to both temporary and permanent housing provision. In most cases, this will minimize the disruption and mean that professional networks can be maintained. The safeguarding partnership should oversee the development of such a protocol for keeping children in the local area between relevant partner agencies.

1.4

Regardless of the reasons or circumstances of families moving between local authority areas, the Children Act 1989 says that the responsibility for safeguarding and promoting the welfare of such children lies (Section 17 and Section 47): it is with the local authority responsible for the area in which the child lives or is found, i.e. where they are at the time that a concern may arise, which will normally be where they are living. However, case responsibility should remain with the authority in who's area they previously resided for a short period of time in specific circumstances, i.e. where the child is already the subject of a protection plan (see paragraph 3.11 below), child in need plan (see paragraph 4.5 below) or where an assessment (S17 or S47) has already commenced but is yet to be completed (see Section 2, Children Subject to Child Protection Enquiries or Assessments of Need). Looked after children will always remain the responsibility of their originating authority (see Section 5, Other Children).

1.5

Where there is a concern about the risk to an unborn child, the responsibility for undertaking the pre-birth assessment lies with the home authority, i.e. the authority in who's area the pregnant woman is residing at the time that the concern is first identified. Responsibility will remain with that authority until the completion of the assessment and may then transfer to another authority in the event that the pregnant woman moves. If a pregnant woman is homeless, then the responsibility for undertaking the pre-birth assessment will be with the authority in who's area the concern is first identified, usually through registering for antenatal care. Where a woman has been homeless, and is subsequently remanded into custody, the responsibility for the assessment lies with the Local Authority in whose area the prison is located.

Where a pregnant woman has moved or is likely to move repeatedly (more than twice) between local authority areas for short periods of time (less than 4 weeks), it would be good practice for the originating authority (i.e. where the concern was first identified) to retain case responsibility until the woman has settled i.e. has been placed in housing for a period that will exceed 4 weeks. This is to ensure some continuity in the arrangements for the protection of the unborn child.

See also CP2. Referral and Assessment, Section 6, Pre-birth Referral and Assessment.

In this section of the procedures:

• The 'originating authority' is the local authority area in which the child / family previously lived, and the 'receiving authority' is the local authority to which the child / family has moved;
• Does not distinguish between temporary (i.e. 4 weeks or longer unless the family are the subject of a statutory homelessness assessment in which case 8 weeks) or permanent moves or to the nature of accommodation in which the child and/or family are living - e.g. private or public housing;
• Is concerned with local authority children's social care case responsibilities in relation to children in need, including those in need of protection. Other local authority services and other agencies will have arrangements determined by different legislation and guidance;
• Excludes local authority housing provision or local authority children's social care provision of housing or subsistence costs which are part of a child in need or child protection plan. These remain the responsibility of the originating authority until the is resolved, although the receiving authority may become responsible for other aspects of service delivery.

2.1

When a family with children subject to child protection enquiries or an assessment of need moves from one local authority area to another local author area, then the responsibility for the completion of those enquires / that assessment should normally remain with the originating authority. This ensures that services are working together to limit the extent to which children and families are exposed to having to repeat their stories and work is being repeated.

2.2

2.3

2.4

If, at the conclusion of the child protection enquiries, it is decided that a child protection conference should be arranged to consider whether the child(ren) should be made subject to a child protection plan, then the originating authority should notify the receiving authority and request that the receiving authority convene an initial child protection conference. That conference should be held within 15 working days of the date of the strategy meeting that initiated the child protection enquiries. The originating authority will be responsible for providing reports setting out the basis of their concerns in the format that they would normally use if they were arranging the initial child protection conference. The receiving authority will assume case responsibility from the date of the initial conference.

2.5

The receiving authority may delay the date of the initial child protection conference if it considers that the documentation provided by the originating authority is incomplete or not of a sufficient standard. Any disagreements about the quality of the documentation should be resolved between managers in the respective services and escalated to the senior manager responsible for safeguarding services in each authority in the event of a disagreement. Any disagreements should be resolved within 5 working days from the point of receipt of the documentation. Should the receiving authority not agree with the decision to convene an initial child protection conference, that disagreement should be immediately escalated to the senior managers responsible for safeguarding in both authorities and resolved within 5 working days.

2.6

If, at the conclusion of an assessment of need, the originating authority determines that the child(ren) should be the subject of a child in need plan, then the originating authority should notify the receiving authority and request that the receiving authority convene a child in need meeting to agree a child in need plan within 15 working days of the completion of the assessment. The originating authority will be responsible for providing reports setting out the basis of their assessment in the format that they would normally use if they were arranging the meeting. The receiving authority will assume case responsibility from the date of the child in need meeting.

2.7

The receiving authority may delay the date of the child in need meeting if it considers that the documentation provided by the originating authority is incomplete or not of a sufficient standard. Any disagreements about the quality of the documentation should be resolved between managers in the respective services and escalated to the senior manager responsible for safeguarding services in each authority in the event of a disagreement. Any disagreements should be resolved within 5 working days from the point of receipt of the documentation. Should the receiving authority not agree with the decision to convene a child in need meeting, that disagreement should be immediately escalated to the senior managers responsible for safeguarding in both authorities and resolved within 5 working days.

2.8

If a concern is identified in respect of a child who is temporarily in another local authority area (e.g. nursery or school, boarding school, hospital, one-off event, such as a fairground, holiday home or outing or where a privately fostered or looked after child is living with their carers), then the host authority is responsible for initiating action but the home authority should assume case responsibility following the strategy meeting – see Child Protection Enquiries - Section 47 Children Act 1989 Procedure.

3.1

When a family with children subject to a child protection plan moves from one local authority area to another local authority area, then the responsibility for the monitoring, supervision and updating of that plan must transfer from the originating authority to the receiving authority. In order that the vulnerability of such children is not compromised, such case transfers should take place in a timely manner. During the period prior to the formal transfer of case responsibility, the originating authority should continue to monitor the protection plan.

3.2

When a family with children subject to a child protection plan moves to another local authority area, the originating authority should notify the receiving authority at the earliest opportunity. The originating authority should provide the receiving authority with the following documentation:

• Copies of an up-to-date assessment of each of the children in the family which clearly identifies the risk(s) to each child;
• Copies of the minutes of all of the child protection conferences and child protection plans relating to the current period for which the children have been subject to a child protection plan;
• A copy of the current child protection plan;
• An up-to-date case summary setting out both the current situation and all relevant background information about the children;
• An up-to-date chronology.

3.3

The receiving authority should arrange a transfer child protection conference within 15 days of receipt of the documentation referred to in 2.2. The receiving authority will be responsible for undertaking checks on any other residents of the new address as appropriate if they have not already been undertaken by the originating authority. At that child protection conference, the receiving authority will formally accept case responsibility. The conference should determine whether or not the children will remain subject to a child protection plan and, if so, the contents of that plan. Should the conference decide that a child protection plan is no longer required, then it may recommend that a child in need plan be developed. Regardless of the outcome of the conference, the receiving authority will formally accept case responsibility.

3.4

It is the responsibility of the originating authority to ensure that all other agencies working with a child subject to a child protection plan are notified that the child has moved to another area. It is the responsibility of each agency in the originating authority to notify their counterparts in the receiving area that that the child has moved to their area and to transfer relevant documentation as soon as possible. Where a child of school age has moved to another area and not registered for a school place, then it will be the responsibility of the receiving authority to treat that child as if they are missing from education and to seek to ensure that their parents or carers register that child for a school place as soon as possible.

3.5

Following the transfer child protection conference, the originating authority will end their child protection plan and notify relevant agencies accordingly.

The only reasons why case responsibility for children subject to a child protection plan should not transfer from the originating authority to the receiving authority are:

• If the child is looked after by or the subject of a statutory order to the originating authority;
• If the child has been temporarily placed by the originating authority in the area for the purposes of assessment, treatment (psychological or medical) or education, with or without their parents and will be returning to the originating authority;
• If the child has been remanded into custody or received a custodial sentence;
• If the child is temporarily living with relatives or friends in the area but will be returning to the care of a parent in the originating area [1];
• If the child and their family have been placed in temporary accommodation in the receiving authority for a specified period of time, which is less than 4 weeks (8 weeks if the subject of a statutory homelessness assessment), after which they will be located elsewhere;
• A decision has already been made to initiate care proceedings in which case the court will determine the responsible authority.

[1] If the child is "placed with" the relative or friend by the originating authority, then the originating authority will be responsible for the assessment and approval of the relative or friend as required by the fostering regulations.

Where the originating authority is dealing with a child through the public law outline but proceedings have not been initiated pending further assessments, then case responsibility should transfer to the receiving authority. The originating authority should assist the receiving authority with the completion of the PLO documentation, chronology, assessments and plans (in addition to the documentation that would be provided as part of the transfer of case responsibility for a child subject to a CPP). The only exception to this would be if:

• There is evidence of immediate or increased risk resulting from the move; or
• There is evidence that the family have only moved to avoid legal proceedings.

In such circumstances the originating authority should instigate proceedings immediately.

4.1

When a family with children subject to a child in need plan moves from one local authority area to another local authority area, then the responsibility for the monitoring, supervision and updating of that plan should transfer from the originating authority to the receiving authority. In order that the vulnerability of such children is not compromised, case transfers should take place in a timely manner. During the period prior to the formal transfer of case responsibility, the originating authority should continue to monitor the plan.

When a family with children subject to a child in need plan moves to another local authority area, the originating authority should notify the receiving authority at the earliest opportunity. The originating authority should provide the receiving authority with the following documentation:

• Copies of the most recent assessments of the children;
• Copies of the child in need plan;
• A case summary and, if the case summary is not up to date, a social work report identifying the needs of each of the children;
• Copy of an up to date chronology;
• If the children have previously been the subject of a child protection plan, than the originating authority should ensure that the risks and protective factors are clearly described in the case summary.

The only reasons why case responsibility for children subject to a child in need plan should not transfer from the originating authority to the receiving authority are:

• If the child in need plan only relates to the provision of financial support for housing and / or subsistence;
• If the child is the subject of a statutory order to the originating authority;
• If the child has been temporarily placed by the originating authority in the area for the purposes of assessment, treatment (psychological or medical) or education, with or without their parents and will be returning to the originating authority;
• If the child has been remanded into custody or received a custodial sentence;
• If the child is temporarily living with relatives or friends in the area but will be returning to the care of a parent in the originating area [1];
• If the child and their family have been placed in temporary accommodation in the receiving authority for a specified period of time, which is less than 4 weeks (8 weeks if the subject of a statutory homelessness assessment), after which they will be located elsewhere.

[1] If the child is "placed with" the relative or friend by the originating authority, then the originating authority will be responsible for the assessment and approval of the relative or friend as required by the fostering regulations.

5.1

Children subject to a care order, an interim care order, any form of supervision or family assistance order, an emergency protection order, a child assessment order or subject to police protection [1] remain the responsibility of the originating authority. Case responsibility may only be transferred by order of the court.

[1] See Sections 31, 16, 44, 43 and 46 of the Children Act 1989.

5.6

A child accommodated by a local authority but placed in another local authority area will remain the responsibility of the originating authority until:

• The child ceases to be accommodated or receiving leaving care services; or
• The receiving authority agrees to accept responsibility for the child – such an agreement should be confirmed in writing between the respective authorities.

The Care Planning, Placement and Review Regulations apply to children accommodated by the originating authority and placed in another local authority area– see 5.2 above.

5.9

When a family with children subject to a child in need plan moves from one local authority area to another local authority area, then the responsibility for the monitoring, supervision and updating of that plan should transfer from the originating authority to the receiving authority. In order that the vulnerability of such children is not compromised, case transfers should take place in a timely manner. During the period prior to the formal transfer of case responsibility, the originating authority should continue to monitor the plan.

Following the completion of their assessment, the responsible authority should determine whether:

1. No further action is required – another visit scheduled in 6 months;
2. Safeguarding concerns identified and one or more of the following actions should be undertaken:
   1. Notify the provider of concerns and instruct that they take remedial action;
   2. Make a referral to the Local Authority Designated Officer (DO);
   3. Inform the child / young person’s social worker;
   4. Make a referral to MASH.

5.12

Where a child has previously been:

• The subject of a child protection plan;
• Accommodated; or
• The subject of care proceedings.

and that plan, period of accommodation or proceedings ends when the child is made the subject of:

• A Child Arrangement Order; or
• A Special Guardianship Order.

and the child moves to another local authority area, then the originating authority should notify the receiving authority that the child has moved to their area and provide a summary of the reasons why the child was the subject of a plan, accommodated or care proceedings.

5.13

Where a family that is privately fostering a child moves to another local authority area with that child, the originating authority should notify the receiving authority as soon as possible and provide copies of all relevant documentation pertaining to the private fostering arrangement. The respective authorities may agree to hold a transfer meeting if the circumstances are such that it would be helpful to do so. In any event, case responsibility will be transferred to the receiving authority within 4 weeks of the notification. Whilst private fostering arrangements usually cease when the child reaches the age of 16, in some circumstances they may continue until the child reaches the age of 18.

5.15

For the avoidance of any doubt, where a child has been made the subject of a child in need plan, a child protection plan or any other formal plan as a result of concerns of extrafamilial harm and, as a result of that plan is housed in another local authority area, then the originating authority will continue to responsible for that child and their family for a period of 3 months following their move to another local authority area. The originating authority should inform the receiving authority that the child has moved into their area even if they are not the subject of a child protection plan or a child in need plan (see paragraph 3.2 and paragraph 4.2 above).Other agencies should also be informed that the child has moved into their area. It will only be in the event of new, unrelated concerns (i.e. other than the risk of extrafamilial harm) that the receiving authority will become responsible for the provision of services to that child and / or family.

5.17

For the avoidance of any doubt, where a child and their family are receiving support (housing, subsistence costs) because they have no recourse to public funds or provided with that support because they have been deemed to be intentionally homeless and they are placed in another local authority area, then the originating authority will continue to responsible for the provision of those services until such time as the child / family gains access to public funds / housing or no longer require that support. All other matters relating to the assessment of need or risk and the resulting services are the responsibility of the receiving authority.

5.18

Where a child / family have been receiving early help services and moves to another local authority area, the originating authority should notify the receiving authority that the family have moved into their area and provide a summary of the reasons for their involvement together with any intervention undertaken. If the family are in agreement, the early help service in the originating authority may request that the early help services in the receiving authority provide them with services.