View LCP Procedures View LCP Procedures

4.2.10 Transfer with Other Local Authorities

SCOPE OF THIS CHAPTER

This procedure details the circumstances in which we will accept responsibility for the supervision of a looked after child placed in Ealing by another local authority. It describes the arrangements to be agreed between the two authorities and the procedures for making those arrangements.


Contents

1. Departmental Policy
2. The Legal Framework
  2.1 Legislation and Guidance
  2.2 Notification
  2.3 Statutory Powers and Responsibilities: Supervision by other Authorities of Looked After Children
3. How the Best Interests of Looked After Children may be Promoted by Undertaking Supervision on Behalf of another Local Authority 
  3.1 Introduction 
  3.2 Process


1. Departmental Policy    

We will aim to co-operate with other authorities who place their looked after children in Ealing as far as possible. However our primary responsibility is to our own children in need and we will only take on supervisory responsibility when we are able to do so without adverse effect on our service to our own children.

We will only take on supervisory responsibility where the other authority is located so far from Ealing that their ability to supervise is clearly impaired.

We will charge any other local authority for supervising a placement on their behalf.


2. The Legal Framework

2.1 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.

2.2 Notification

Where a local authority makes a placement in Ealing, it must notify

  1. Ealing Children’s Social Care Services where a register of children placed in Ealing is held and updated by the Referral and Assessment Team Administrators;
  2. Ealing Education Department;
  3. The District Health Authority.

That notification to Children’s Social Care Services 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 they are the responsible authority;
  7. Arrangements made for the child’s education;
  8. Arrangements made for the child’s health care;
  9. Name and work contact details of the responsible social worker.

2.3 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.


3. How the Best Interests of Looked After Children may be Promoted by Undertaking Supervision on Behalf of another Local Authority     

3.1 Introduction

As above, such an arrangement should only be made when there is no adverse effect on the Department’s capacity to meet its own service needs. However, situations will arise where other authorities will have genuine difficulty in properly promoting the welfare of a looked after child because of distance. In these circumstances, it will be appropriate to try to assist by providing local services.

It is important to remember that even when such an arrangement is made the other authority remains the Responsible Authority for the child and must continue to be significantly involved in monitoring and promoting his welfare.

Ealing’s policies and procedures in relation to equality and diversity will be followed in full.

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

3.2 Process

A request for Ealing to supervise a looked after child for another authority must be made in writing to the Director of Children and Families, who will normally pass this to the appropriate Operations Manager for action.

Where the Operations Manager feels that it is appropriate to consider undertaking supervision, they will liaise with the Finance Section to determine an estimated charge. This will be based on the costs of providing a social work service to the child. It may also be necessary, at this point or subsequently, to make an estimate of the costs of providing support services to the placement.

The appropriate officer will then write to the other authority, indicating a willingness to discuss further, the likely charges, and offering to set up an initial meeting.

The initial meeting will be attended by the allocated social worker and team manager from each authority, and will be chaired by the Operations Manager. As far as is possible, arrangements will be made to involve the child, his carers and anyone with parental responsibility in these discussions.

The meeting will discuss and agree the following areas:

  1. The overall care plan and the wishes of the child;
  2. Arrangements for monitoring and promoting the health and education of the child;
  3. Arrangements for monitoring and promoting the racial, cultural, linguistic and religious identity of the child;
  4. The names of the responsible social workers and their managers in each authority;
  5. That the Ealing social worker will copy notes of each visit to the placement and of each statutory review to the other authority;
  6. That the representatives of the other authority should attend every review in order that the two authorities can properly discuss the child’s situation;
  7. Arrangements for consent to medical examination and treatment;
  8. Arrangements for consent to travel outside the U.K;
  9. Arrangements for informing each other about serious injury, incident or death of the child;
  10. Arrangements for consent to the child to have overnight stays away from the placement;
  11. Arrangements for informing each other about any complaint by or on behalf of the child;
  12. Arrangements for informing each other about any child protection concern in respect of the child;
  13. Arrangements for informing each other about any serious change in circumstances in the child’s birth family;
  14. That Ealing will notify the local Health and Education authorities of the arrangement;
  15. Arrangements for payment of placement costs; these are to be paid by the other authority to the placement provider rather than through any recharge agreement;
  16. Arrangements for payment of charges by Ealing for carrying out the supervision which will be by Quarterly invoice in arrears;
  17. An effective date for the arrangement to start;
  18. Arrangements for 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 agreement

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