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Contents

1.	Introduction
2.	Departmental Policy
3.	The Legal Framework
	3.1	Legislation and Guidance
	3.2	Statutory Powers and Responsibilities: Notifications
	3.3	Statutory Powers and Responsibilities: Supervision by Other Authorities of Looked After Children
4.	Maximising Life Chances
5.	Process

1. Introduction      

This procedure details:

• Departmental Policy
• The legal framework
• How such arrangements can be made and what they must include

2. Departmental Policy

Ealing will always aim to provide placements for looked after children which are local and, ideally, within the borough.

However, it will sometimes not be in the best interests of a child to be placed locally, or the child may have needs which can not be met locally. Where a child is placed outside the borough, Ealing will ensure that all necessary notifications are carried out.

Where a child is placed, in the long term, so far from Ealing that local supervision seems preferable, arrangements may be made with another authority to provide that supervision.

3. The Legal Framework

3.1 Legislation and Guidance

Local Government Act 1972, Section 101.

Children Act, 1989, particularly Section 27,Children Act Regulations, Volumes 3 and 4, Children Act 2004.

Arrangement for Placement of Children Regulations,1991, particularly Section 12.

3.2 Statutory Powers and Responsibilities: Notifications

When a placement is made the local authority must notify in writing the following persons;

in Ealing:

1. Any person consulted about the proposed placement - often the parents and/or carers
2. The Health authority
3. The Education authority
4. The child’s GP
5. Any person caring for the child immediately prior to placement
6. Any person with a formal contact arrangement in respect of the child

In the local authority where the placement is located:

1. The Social Services Department
2. The Health authority
3. The Education authority

Notification should be made before placement where possible, and otherwise as soon as possible after placement.

Notification should include the following information:

1. Name, gender and date of birth of child
2. Legal provision under which child is looked after
3. Name and address of person with whom child is placed
4. Type of placement
5. Date of placement and expected duration
6. Confirmation that Ealing is the responsible authority
7. Arrangements made for child’s education
8. Arrangements made for child’s health care
9. Name and work contact details of responsible social worker

This information is contained is detailed here because in any subsequent negotiations with other local authorities, it will be important that initial notifications have been carried out correctly.

3.3 Statutory Powers and Responsibilities: Supervision by other Authorities of Looked After Children

Local authorities are generally empowered to help each other. The Children Act specifies that they may do so in respect of looked after children. However, they do not have to do so, if it would hinder them in carrying out their own duties.

Where such an arrangement is made, the two authorities must keep in touch regularly and must discuss the child’s circumstances at least after every review.

Where a local authority does assist by supervising a placement, they may recover “reasonable expenses”.

The only absolute requirement on other authorities is to provide educational services for a child placed in their area who has special educational needs.

4. Maximising Life Chances

Wherever possible, Ealing will continue to supervise the situations of looked after children who are not placed locally.

Placements should never be made on the assumption that another local authority will be in a position to agree to such an arrangement.

However, situations do arise where children have to be placed at such a distance from Ealing, or where families of placement move, that it is difficult for Ealing staff properly to carry out their supervisory duties. In these unusual circumstances, it will be appropriate to discuss such an arrangement with the “receiving” authority

It is important to remember that even when such an arrangement is made, Ealing remains the Responsible Authority, with a clear continuing duty towards the child. There is a continuing requirement to be significantly involved in monitoring and promoting the welfare of the child and ensuring that all of Ealing’s standards in relation to professional practice, equality and diversity are met.

Any arrangement made will be on the basis of fully shared information and a clear written agreement detailing tasks and responsibilities.

5. Process

The decision to seek such an arrangement will arise from the care planning process and will normally be made at a statutory review.

Because of the possible costs of such an arrangement, financial approval within the Department must be obtained in principle before it is raised more widely. The Team Manager is responsible for obtaining financial approval at an appropriate stage from the Operations Manager who will then approach the Director of Children and Families for final approval.

Where a decision is then made to seek such an arrangement the Team Manager will send a “Director to Director” letter to the receiving authority raising the issue.

Where the receiving authority responds positively, the Team Manager and Social Worker will convene a meeting with the representatives of the receiving authority. As far as is possible, arrangements will be made to involve the child, his carers and anyone with parental responsibility in these discussions, from the earliest appropriate stage.

The Ealing Social Worker is responsible for ensuring that, as far as is age appropriate, the child understands what is being arranged and the consequences for him, in both the long and the short term; in particular that Ealing has the continuing primary responsibility

The meeting will discuss and agree the following areas:

• The overall care plan and the wishes of the child,
• Arrangements for monitoring and promoting the health and education of the child,
• Arrangements for monitoring and promoting the racial, religious, linguistic and cultural identity of the child
• The names of the responsible social workers and their managers in each authority,
• That the receiving authority will copy notes of each visit to the placement, and of each statutory review to Ealing,
• That the two authorities will discuss the child’s situation at least after every review(this may be best achieved by confirmation that Ealing will attend each review),
• Arrangements for consent to medical examination and treatment,
• Arrangements for consent to travel outside the UK,
• Arrangements for informing each other about serious injury, incident or death of the child,
• Arrangements for consent to the child to have overnight stays away from the placement,
• Arrangements for informing each other about of any complaint by or on behalf of the child,
• Arrangements for informing each other about any child protection concern in respect of the child,
• Arrangements for informing each other about of any serious change in circumstances of the child’s birth family,
• That the receiving authority will notify their local Education and Health authorities of the arrangement,
• Arrangements for payment of placement costs, which will be direct to the placement provider rather than through any recharge agreement
• Arrangements for payment of charges by the “receiving authority” for carrying out the supervision,
• An effective date for the arrangement to start,
• Arrangements for the termination of the agreement including a “notice” period,
• From this discussion the Team Manager will draw up a written agreement, to be signed by the responsible officer from both authorities before the effective date of the arrangement,
• There must be clear agreement about all these areas. Where departmental policies or practices are in conflict and cannot be harmonised, this must be referred to senior managers for resolution

End