4.1.1 The Provision of Accommodation for Children through Voluntary Agreement

SCOPE OF THIS CHAPTER

This procedure details the Department's approach to the accommodation of children by voluntary agreement. It outlines the policy and practice issues underpinning the provision of this service. It clarifies the legal basis of such an arrangement, the circumstances when it can be used and the decision making processes to be followed.

June 2009 Review June 2011

1.	Introduction
2.	Departmental Policy
3.	The Legal Framework
	3.1	Legislation and Guidance
	3.2	Detail of Statutory Provisions
4.	How the provision of accommodation through voluntary agreement can be used to promote the welfare of children and their families
5.	Processes: Assessment and Decision-Making
6.	Process: Planning

1. Introduction

1.1	This procedure details
	1.1.1	Departmental policy.
	1.1.2	The legal framework for the provision of accommodation through voluntary agreement.
	1.1.3	An outline of how the provision of accommodation through voluntary agreement can be used to promote the welfare of children and their families.
	1.1.4	The actions to be taken by staff throughout the process of providing such accommodation

2. Departmental Policy

2.1	The London Borough of Ealing's first priority in relation to children is to work in partnership with parents, so that children can grow up whenever possible within their own families. We have a range of services available through our Early Intervention arrangements to prevent admission to care, or to ensure that, as far as possible, such admissions are brief and part of a planned programme.
2.2	We will therefore use the provisions of the Children Act to accommodate children through voluntary agreement with them and their families only when assessment indicates that this is in their best interests, and that no other action is appropriate.
2.3	When children are accommodated by voluntary agreement, this will usually be because it provides the best way of working to support the continuing care of that child by his own family in the long term. We will continue to seek to work in partnership with the families of accommodated children to safeguard and promote the welfare of those children
2.4	Equally we are aware of the potential damage to young people who "drift" in care. It is therefore departmental policy that, for any child unable to return home, a permanency plan is made at the four month review.

3. The Legal Framework

3.1	Legislation and Guidance
	3.1.1	Children Act 1989, Section 20.
	3.1.2	Children Act Regulations, Volumes 3 and 4.
3.2	Detail of Statutory Provisions
	The legal basis for the provision of accommodation through voluntary agreement is contained in the Children Act 1989 as follows
	3.2.1	A local authority must provide accommodation to a child if there is no person who has parental responsibility for him he is lost or abandoned the person who has been caring for him is prevented (either permanently or temporarily) from providing suitable accommodation or care (CA 1989, Section 20(1))
	3.2.2	A local authority must consider, where possible, the wishes and feelings of the child, his parents or any person with parental responsibility, and any other person deemed relevant, before providing accommodation (CA 1989 Section 20(6), Section 22(4)(5))
	3.2.3	A local authority must consider the child's race, religion, culture and language before providing accommodation (CA 1989 Section 22(5))
	3.2.4	A local authority must not provide accommodation for a child under 16 if any person with parental responsibility objects and wishes to provide accommodation (CA 1989 Section 20(7))
	3.2.5	A local authority may provide accommodation for any child in their area if it would promote and safeguard their welfare (CA 1989 Section 20(4))
	3.2.6	A local authority may provide accommodation for a young person over 16 at their own request even where a parent or person with parental responsibility objects. (CA 1989 Section 20(11))
	3.2.7	A local authority does not acquire parental responsibility when accommodation is provided to a child under voluntary agreement. This is retained by the parents. (CA 1989 Section 20,CA Regulations V3,p5, V4, p41 )
	3.2.8	A person holding parental responsibility can terminate an arrangement for providing accommodation at any time without notice. (CA 1989 Section 20(8))
	3.2.9	Accommodation can consist of a single episode or a series of episodes in a package of short breaks (respite care). All children looked after for more than 24 hours are said to be accommodated. (CA 1989, Section 22(2), Foster Placement Regulations 1991, Reg.9)
	3.2.10	The provision of accommodation through voluntary agreement must be based on a written agreement between the local authority and the parents or the young person himself where he is over 16 and the parent objects. (CA 1989 Regulations, V4 para2.19)

4. How the provision of accommodation through voluntary agreement can be used to promote the welfare of children and their families

4.1	The provision of accommodation through voluntary agreement is part of a range of services provided by the Council and its partner agencies to help children in need and to support families in the care of their children.
4.2	These services are underpinned by the guiding principles of the Children Act, 1989:the paramountcy of the child's welfare, partnership in practice with children and their families, respect for racial, religious, cultural and linguistic diversity.
4.3	These services are informed by professional knowledge, experience and research. We know that a child is usually best cared for in his own family. It is clear that in a number of ways children in public care do less well than children growing up in their own families. We have learned that an imaginative and participatory approach to working with families can generate a range of alternatives to admission to care. We should take a broad view of the nature of a "family" because extended family members can often contribute helpfully to the arrangements that are made for children.
4.4	There will though be circumstances where the provision of accommodation through voluntary agreement is the best way of helping a child and his family. In these instances it is important that the arrangement be seen primarily as a service supporting the continuing care of a child by his family and promoting the quickest possible return to that family.
4.5	Where a child is to be admitted to the public care, accommodation by voluntary agreement must always be considered before any action involving the courts is taken. This is likely to provide the best basis for a partnership arrangement with parents.
4.6	Where accommodation by voluntary agreement is the chosen course of action, this must always be on the assessed best interests of the child, not for reasons of operational convenience
4.7	Where a child is accommodated by voluntary agreement, the parents and child must be appropriately involved in that decision and advised of other options.
4.8	The social worker is responsible for ensuring that the child, if age appropriate, his/her parents and any other relevant person are actively involved in the formulation of the plan, and have a copy of it. The plan and the Placement Agreement constitute the written agreement which must underpin the provision of accommodation by voluntary agreement.
4.9	Following the accommodation of a child, the continuing involvement of their parents and wider families must be actively promoted. This applies equally to older children.
4.10	When children are accommodated they must be helped to make informed choices about their lives, by being given information in ways that they can understand, taking account of their age, language and communication skills. Any particular needs of children with disabilities must be considered and met.

5. Processes: Assessment and Decision-Making

5.1	A decision to provide accommodation through voluntary agreement will only be taken following an assessment. Guidance on assessments is provided in detail in a separate procedure. However, an assessment in relation to the possible provision of accommodation will always include and detail the following:
	5.1.1	the basic information needed to complete Basic Information Sheet for Carers
	5.1.2	the needs of the child including his/her identity, safety, security, development, relationships, health and education
	5.1.3	the nature of the difficulties the family are experiencing
	5.1.4	a brief record of the contact between the family and statutory agencies
	5.1.5	those alternatives to accommodation which have been used
	5.1.6	those alternatives to accommodation which have been considered but not used
	5.1.7	how wider family members could usefully be involved
	5.1.8	the wishes of the child, the parents and any other persons significantly involved
	5.1.9	any factors suggesting urgent action is needed
	5.1.10	confirmation that Ealing is the responsible authority
5.2	The social worker is responsible for making the assessment and a proposal for placement, recording this on the case file and presenting it to the Team Manager.
5.3	There will be occasions when a social worker considers a matter urgent and the Team Manager is not available. The social worker is responsible for presenting the matter to the Duty Manager.
5.4	The Team Manager or Duty Manager is responsible for deciding whether or not to refer the matter to the Operations Manager who can agree that the child should become looked after.
5.5	The Team Manager or Duty Manager is responsible for recording that decision on the case file.
5.6	The Team Manager or Duty Manager is responsible for contacting the Operations Manager.
5.7	The Operations Manager is responsible for providing a written response to the proposal, on the same day if required, using memo or email, and copying that response to the Director of Children's Social Care Services.
5.8	The Operations Manager is responsible for suggesting alternative ways forward, in the written response, where the decision to accommodate, or a proposed placement, is not agreed.
5.9	Any child becoming looked after or likely to become looked after must be presented to the Early Intervention Panel at the earliest opportunity. (See Early Intervention Panel Procedure)

6. Process: Planning

6.1	Arrangements for obtaining, supporting and reviewing the placement are detailed in a separate procedure - " Placement of Looked After Children Procedure".
6.2	Care Planning principles and arrangements are detailed in the procedure-" Looked After Children: A General Introduction".
6.3	Looking after a child by voluntary agreement does not have the pressures of court processes and can result in children 'drifting' in care. This must be explicitly recognised and addressed in care planning for the child.
6.4	When we look after children by voluntary agreement, it is crucially important that this is approached as part of a continuing partnership with the child and his/her family. It should be viewed as an opportunity for that child, in his/her particular circumstances, to promote and strengthen his/her identity and self esteem. It should never be presented to the child as a parental failure.

End