3.2.5 Placement with Parents

RELEVANT LEGISLATION

Sections 22 and 23, Children Act 1989

Regulations 15 – 20 of the Care Planning, Placement and Case Review (England) Regulation 2010 and associated guidance.

AMENDMENTS

This chapter was updated in September 2011 to update the legislative references and incorporate changes made by the above legislation. In particular, Sections 2 and 4 have been updated to include more information about the approval processes; and the contents of the Placement Plan. Section 2.10, Reviews was further amended in April 2012 in relation to the timing of reviews where a child is placed with parents under this procedure.

1.	Purpose
	1.1	Introduction
	1.2	Who is covered?
	1.3	Who is not covered?
	1.4	Circumstances covered
	1.5	Parental Responsibility
	1.6	Financial responsibility
2.	Procedure and Practice Guidance
	2.1	Planning
	2.2	Consultation
	2.3	The child’s views
	2.4	Enquiries and assessment
	2.5	Decision-making
	2.6	The Placement Plan
	2.7	Notification of placement
	2.8	Supervision and support of placement
	2.9	Social work visits
	2.10	Reviews
3.	Termination of Placement
4.	Provision for Specific Circumstances
	4.1	Child in Care Placed with Parents etc. in Another Authority
	4.2	Placements outside England and Wales
	4.3	Immediate Placements
	4.4	Court Directions Overriding the Regulations
5.	Guidance for Completion of Placement Application

1. Purpose

1.1 Introduction

This chapter describes the legal framework set out in Regulations 15 to 20 of the Care Planning, Placement and Case Review (England) Regulation 2010 governing practice and decision making in Peterborough City Council regarding the return of children, who are the subject of Interim Care Orders or Care Orders, to the care of their families.

The regulatory framework reflects the philosophy of the Children Act 1989 that children in need can be assisted most effectively if the local authority works in partnership with their parents and that for most children, the best place for them to be brought up is in their own family.

The procedure applies to children subject to Interim Care Orders and Care Orders. Serious circumstances would have led to an Interim Care Order or a Care Order being granted by the Court. Therefore, placing the child back at home or with the parent in a residential setting must be part of a well thought out and implemented plan.

In the light of these conditions, great care is needed regarding the decision to place such children back with their parent(s). Children’s Social Care must be satisfied that the placement is the most suitable way of safeguarding and promoting the child's welfare and will undertake appropriate enquiries and assessments to assist the decision making process.

A Placement Plan must be negotiated with parental cooperation. The Placement Plan will contain provision(s) for ongoing work with and support to the family. This should aim to enhance the parents’ role, increasing the scope of parental discretion wherever possible and reviewing regularly the possibility of the Care Order being discharged.

Where it is decided that a child's best interests are met by such a placement, careful consideration must be given as to whether the Care Order is still appropriate and whether an application should be made to the Court to discharge the Care Order, and if so the timing of any such application. It would generally be the case that the child’s placement with the parents would take place before an application is lodged and after the placement, the appropriateness of such an application would be considered at the child’s next Child Care Review.

Where the Court discharges the Order or where the child is Accommodated under Section 20 of the Children Act 1989, these Regulations do not apply.

1.2 Who is covered?

The procedure relating to the placement of children with their parents under Regulations 15 to 20 of the Care Planning, Placement and Case Review (England) regulations 2010 apply where a child in care is to be placed:-

With a parent(s) i.e. mother or father whether or not married;
A person(s) who is not a parent, but holds Parental Responsibility (PR);
A person in whose favour a Residence Order was in force immediately before the Care Order was made.

A child placed under these Regulations will be subject to an Interim or full Care Order made under the Children Act 1989.

For a child subject to a Care Order, a proposed full time placement should be part of a plan to revoke the Care Order. A child should not be placed under these regulations indefinitely.

1.3 Who is not covered?

Children in care but not subject to a Care Order or Interim Care Order; this includes Emergency Protection Orders;
Placements of children in care with Connected Persons which are subject to Regulation 24 of the Care Planning, Placement and Case Review (England) Regulations 2010 – see Placements with Connected Persons Procedure.

1.4 Circumstances covered

Examples of where the Regulations apply:-

A child returning home to live after having spent a number of years in care;
Regular visits in excess of 24 hours to a parent, as part of a reunification plan;
Contact visits to a parent in excess of 24 hours as a means of maintaining family links;
Assessing for rehabilitation during Care Proceedings where a child is subject to an Interim Care Order and overnight stays with the parents are involved.

Where a child is under 16 years these Regulations apply and must be complied with prior to placement.

It is possible that these Regulations and the Fostering Services Regulations operate in tandem. For example, a child may live with foster carers during the week and return to a parent at weekends, or during a programme of increasing staying contact leading to rehabilitation.

1.5 Parental Responsibility

Where the local authority shares Parental Responsibility for a child through a Care Order or Interim Care Order, Children’s Social Care can determine the extent of the exercise by others of Parental Responsibility, where necessary, to safeguard or promote the child's welfare. This will be discussed with the proposed carer prior to the placement.

These discussions will also involve the child who is of sufficient age and understanding. The Placement Plan should clearly define the extent to which the parent can exercise Parental Responsibility without reference to the local authority. (A Pro Forma Placement Plan is available and can be accessed via the ‘Forms’ button at the top of this chapter).

Where the proposed carer is an unmarried father who has not acquired Parental Responsibility by agreement with the child's mother or by a Court Order, the local authority should draw his attention to these provisions. Should he not wish to or is unable to obtain Parental Responsibility, the placement will be agreed on the basis of delegated rather than shared responsibility.

The same would apply to a non-parent in whose favour a Residence Order was in force immediately prior to the Care Order being made when their Parental Responsibility ceased. However the need to discuss and agree the terms of the placement applies equally to these carers as they do to those with Parental Responsibility.

1.6 Financial Responsibility

Financial responsibility for the maintenance of the child rests with the carer. Social workers in planning such placements must ensure that entitlement to benefits is considered.

2. Procedure and Practice Guidance

Consideration of a placement under the Regulations should arise as part of the overall planning for the welfare of a child. The following are procedural stages in the process for a child under these Regulations.

2.1 Planning

The welfare duty contained in Section 22 (3) of the Children Act 1989 applies to all decisions made by a local authority in relation to the placement of a child under these Regulations. In order to decide whether such a placement is the best way of meeting a child’s needs, all aspects of the child’s welfare must be considered and include consultation with significant people and relevant agencies.

The ‘placement decision’ should only take place following an appropriate planning meeting, a Child Care Review or under the direction of the Court.

The planning and review procedures will include consideration of all aspects of a child’s welfare.

Consideration of the level of contact and the possibility of reunification with parents will be part of an ongoing assessment and review and will be regularly considered within the Child Care Review process.

2.2 Consultation

The Act requires that before making a decision with respect to a child in care, the local authority should, so far as is reasonably practicable, obtain and take account of wishes and feelings of:

The child;
Parent(s);
Any person who is not a parent but has Parental Responsibility;
Any person whose wishes and feelings the local authority considers to be relevant;
The child’s Independent Reviewing Officer.

In line with Section 22 (4)(d), the social worker should use discretion to consult relevant statutory and voluntary agencies which are or have been previously involved with the child and the family. In most circumstances this will include the following:

Health;
Education or Early Years Provision;
The child’s GP.

and where necessary

The Probation Service;
The Police.

Other significant person(s) will include carers, relatives etc. who should be invited to participate fully in planning such a placement and to make their views known.

2.3 The Child’s Views

The views of the child are essential, taking into account his or her age and understanding. The social worker should make sure that the child is given all necessary information and the opportunity to express opinions and develop choices. This should include the social worker discussing the proposed placement with the child alone. On occasions other people may be better placed to do this e.g. the child’s carer. Whatever arrangements are made the child should be provided with the opportunity to share in decision making and to receive support and guidance.

2.4 Enquiries and Assessment

The social worker must carry out certain enquiries prior to a placement to assess the suitability of carers. Some information will be available from the child and family records.

The social worker should visit on at least one occasion at a time when it is possible to meet the entire household to discuss the proposed placement.

The Regulations requires the assessment to take account of the following:-

The parents’ capacity, and the capacity of other adult members of the household, to care for children and, in particular in relation to the child:
- To provide for the child ‘s physical needs and appropriate medical and dental care;
- To protect the child adequately from harm or danger, including any person who presents a risk of harm to the child;
- To ensure that the home environment is safe for the child;
- To ensure that the child’s emotional needs are met and he/she is provided with a positive sense of self, including any particular needs arising from religious persuasion, racial origin, and cultural and linguistic background, and any disability the child has;
- To promote the child’s learning and intellectual development through encouragement, cognitive stimulation and the promotion of educational success and social opportunities;
- To enable the child to regulate his/her emotions and behaviour, including by modelling appropriate behaviour and interactions with others;
- To provide a stable family environment to enable the child to develop and maintain secure attachments to the parents and other persons who provide care for the child.
The parents’ state of health (physical, emotional and mental), the parents’ medical history, including current or past issues of domestic violence, substance misuse or mental health problems;
The state of health (physical, emotional and mental) of other adult members of the household and their medical history, including current or past issues of domestic violence, substance misuse or mental health problems;
The parents’ family relationships and the composition of the parents’ household, including:
- The identity of all other members of the household, their age and the nature of their relationship with parents and one another, including any sexual relationship; their relationship with any parent of the child;
- Other adults who are not members of the household but are likely to have regular contact with the child;
- Current/previous domestic violence between household members including the parents
The parents’ family history, including:
- The particulars of the parents’ childhood and upbringing, including the strengths and difficulties of their parents/carers;
- The parents’ relationship with their parents and siblings, and their relationships with each other;
- The parents’ educational achievement, including any specific learning difficulty/disability;
- A chronology of significant life events;
- Other relatives and their relationships with the child and parents
Criminal offences of which the parents or other members of the household have been convicted or cautioned
Parents’ past and present employment/sources of income
The nature of the neighbourhood and resources available in the community to support the child and parents
Any available information about the parents’ previous experiences of looking after children. Where a parent has other children subject to care/adoption orders, earlier case records should be explored to ascertain the circumstances which led to social work involvement , and any indication that the capacity of the parent to bring up children has changed.

The social worker must also inspect the proposed accommodation for the child. This inspection should include living, sleeping and washing facilities. Where a child is to share a bedroom, attention should be given to ensuring that the arrangements are in the child’s best interest.

The assessment of the suitability of the proposed carers and the outcome of enquiries made should be recorded on the ‘Placement Application - PWP’ and discussed in the first instance with the team manager.

2.5 Decision Making

The decision to go ahead with a placement under this procedure will be made by the Designated Manager (Placement with Parents). In Peterborough this is the Head of Social Care Services. A placement must not be made under the Regulations unless and until such a decision has been made by the Designated Manager (Placement with Parents).

The social worker must complete the ‘Placement Application – PWP’ (a Pro Forma Placement Application is available and can be accessed via the ‘Forms’ button at the top of this chapter) requesting permission to place a child under the Care Planning, Placement and Case Review (England) Regulations 2010. In exceptional circumstances the decision may be made by the responsible Service Manager in consultation with the Designated Manager (Placement with Parents).

During the consideration of a placement, the social worker and the proposed carer must draw up a Placement Plan. (A Pro Forma Placement Plan is available and can be accessed via the ‘Forms’ button at the top of this chapter). The Placement Plan should be attached to the ‘Placement Application’ accompanied by other relevant assessments, and the record of the child’s last Child Care Review.

All relevant documents must be completed and signed by the appropriate people i.e. social worker, team manager and parent(s), and presented for approval via the Service Manager.

The Designated Manager (Placement with Parents) will return the approved documents to the team manager within 5 working days unless clarification and/or additional information are required.

The Designated Manager must be satisfied that:

The child’s wishes and feelings have been ascertained and given due consideration;
The assessment of parents’ suitability to care for the child (see Section 2.4, Enquiries and Assessment) has been completed;
The placement will safeguard and promote the child’s welfare;
The Independent Reviewing Officer has been consulted.

In exceptional circumstances (see paragraph 4.3, Immediate Placements), a child may have to be placed before it is possible to complete the ‘Placement Application’. In such circumstances the placement (whether on a full time basis or for the purpose of overnight contact) can be made with the verbal approval of the Designated Manager (Placement with Parents) and the completed Placement Application must be made available to the Designated Manager (Placement with Parents) within 1 week of the placement.

2.6 The Placement Plan

The Placement Plan will be based on the plan agreed at the child’s Child Care Review or at a planning meeting. Wherever possible, a Placement Agreement needs to be in place before the placement commences or where it is not possible, within 5 working days of the placement.

The Placement Agreement will demonstrate a commitment to the placement and clarify roles and responsibilities. The agreement should include the support Children’s Social Care will provide.

As well as the usual contents, the proposed Placement Plan must include the following:

Details of the support and services to be provided to the parents during the placement;
The obligation on the parents to notify the Local Authority of any relevant change in circumstances including any intention to change address, any changes in the household in which the child lives and and any serious incident involving the child;
The obligation on the parents to ensure that any information relating to the child or the child’s family or any other person given in confidence to the parents in connection with the placement is kept confidential and that such information is not disclosed to any person without the consent of the Local Authority;
The circumstances in which it is necessary to obtain the prior approval of the Local Authority for the child to live in a household other than that of the parents;
The circumstances in which the placement of the child with the parents pending completion of the assessment of suitability will be terminated if the decision following completion of the assessment is not to confirm the placement.

A copy of the Placement Plan must always be given to the parents and the child subject to the child’s age and understanding. Where there are two carers, both must be in agreement and sign the Placement Plan.

Placement Plans will need to be amended wherever a significant change is agreed. The parents and child must feel able to seek an amendment if a particular issue is causing problems.

2.7 Notification of Placement

Once a decision has been made it is essential that those involved in the decision making process are notified and, where appropriate, a copy of the documentation is sent to them.

It is the responsibility of the social worker to notify the following within 5 working days of the placement:

The child;
Parent(s);
Any person who is not a parent but who has Parental Responsibility;
Any other person whose wishes and feelings are considered relevant;
Health;
Education;
The child’s GP – in the area in which the child will be living;
Previous carers;
Any other person in whose favour a Residence Order was made prior to the Care Order being made;
Independent Reviewing Officer;
Designated Manager (Placement with Parents)’ secretary.

The social worker must also identify others who although not involved in the decision making process, will be involved once the child is placed and will therefore need to be informed.

2.8 Supervision and Support of Placement

The return of a child to the care of their family will need careful preparation and support over the settling in period until the child is reintegrated into the family.

A gradual period of introduction may be necessary e.g. visits over weekends, school holidays etc.

The process of reunification involves major adjustments for both the child and family and it is the responsibility of the social worker and team manager to assess and plan the support and assistance needed. This should be addressed during the child’s Child Care Reviews or planning meetings and include drawing up or revising the Placement Agreement.

Needs change over time and should be addressed as part of the ongoing supervision and monitoring of the placement. Any amendments to the plan or Placement Plan must be recorded in writing and notified to all parties within 5 working days.

2.9 Social Work Visits

The social worker should visit the placement as often as the circumstances of the placement require. The social worker has a legal responsibility to monitor the child’s welfare and to provide the parent with advice and assistance as is necessary. The child must be visited at least:

Within one week of the beginning of the placement;
Thereafter, at intervals of not more than six weeks;
If the child is placed with parents pending assessment (see Section 4.3, Immediate Placements), social work visits must take place at least once a week until the first Child Care Review, thereafter at intervals of not more than 6 weeks.

The social worker should make arrangements to see the child alone on each visit. If a child is not seen or cannot be seen alone a further visit must be made at short notice. This may result in an unannounced visit. If the child is said to be somewhere else, this must be checked out and confirmed.

The social worker must complete a report within one week after each visit. The report should indicate whether the child was seen and if not, why not. The report should also comment on the child’s welfare and any problems or issues raised by the child or parent so that necessary action can be discussed with the team manager. A copy of the report must be placed on RAISE and the child’s case file.

2.10 Reviews

The placement of children in care with their parents is subject to the Child Care Reviews Procedure. Once the child is placed with their parents, a discussion should be held with the child's Independent Reviewing Officer as to whether the date of the next Child Care Review should be brought forward so that an early review can take place following the placement.

In any event the dates and frequency of reviews must be discussed and recorded in the Placement Plan and at each Child Care Review.

3. Termination of Placement

The local authority has a duty to remove a child if it considers that to leave a child in the placement would be contrary to their interest. Where an alternative placement of a child in care is considered, a placement should be sought within the wider family or with friends (now referred to as Connected Persons) wherever possible. The circumstances vary under which such situations arise and different degrees of planning will be possible from immediate removal to a planned move. Wherever possible a change of placement should be planned.

A Child Care Review should be convened as soon as possible and where appropriate, while the child is still placed with the family. This will enable full consultation to take place and ensure that all options are considered. It is particularly important that the wishes and feelings of the child and family members are fully expressed and taken into account. Where this proves impracticable, a Child Care Review must be held within seven days of the child being moved to an alternative placement.

Once the decision has been taken or the child moves, consideration must be given to who should be informed. In many cases these will be the same people and agencies that were notified of the placement. It is important that the reasons for such actions are fully explained to the child and his/her parents particularly when this outcome was not requested by them. In all situations both the child and the family will need information and support.

4. Provision for Specific Circumstances

4.1 Child in Care Placed with Parents etc. in Another Authority

When a child in the care of Peterborough City Council is placed in the care of their parent living outside the authority boundary, the social worker must notify the other authority as soon as possible and provide sufficient information to enable the area authority to complete their register of children placed. In addition the social worker must notify the relevant Education and Primary Care Trust.

Arrangements may be made whereby supervisory responsibility for the placement can be undertaken by the area authority. Peterborough City Council will however retain responsibility whatever arrangements are made.

The area authority should keep the social worker informed and provide a report of each visit and be requested to attend the child’s Child Care Reviews. Consultation should take place after each Child Care Review and actions discussed.

4.2 Placements outside England and Wales

The local authority must be satisfied that the child’s welfare would be safeguarded. In particular the implications of such a placement for maintaining contact with family links should be considered, particularly where the person with Parental Responsibility is other than the parent. In any event no such placement can be made without the approval of a Court. Where such situations appear likely, Legal Services must be consulted.

Where such a placement is authorised, the local authority must ensure compliance with the Regulations so far as is practicable. Where the child is moving to another jurisdiction within the British Isles the effect of the Care Order may be transferred to the relevant public authority but the advice and support of Legal Services will be required.

4.3 Immediate Placements

In some cases this may be the best option for the child e.g. where a foster placement has broken down and this means that the child has to be removed immediately. In these circumstances, Regulations 15 to 20 of the Care Planning, Placement and Case Review (England) Regulations 2010 still apply except that only the following basic checks are needed prior to the placement:

Interviewing the parent(s) or the person with whom the child is to be placed;
Inspecting the accommodation;
Obtaining information about other people living in the household.

The decision to place must be made by the Service Manager in consultation with the Designated Manager (Placement with Parents). All other provisions of the Regulations must be completed within 10 working days of the date of the placement.

4.4 Court Directions overriding the Regulations

A Court can give directions about contact in making a Care Order or an Order under Section 34. In such circumstances, the Court directions will override these Regulations where there is a conflict. There could therefore be no need to seek a decision from the Service Manager/ Designated Manager (Placement with Parents) in such circumstances. However, the procedure for completing a Placement Application should be followed and retrospective approval of the Designated Manager (Placement with Parents) sought to ensure that appropriate arrangements for overseeing the placement are in place. The Regulations concerning notification, support, supervision and reviews will apply as set out above unless the Court Order makes directions otherwise in these respects.

5. Guidance for Completion of Placement Application

The following is aimed at assisting practitioners in completing the Placement Application. Points are numbered in accordance with the numbering on the Placement Application. If numbers are omitted, it is because these are self explanatory on the Placement Application.

3.	The proposed placement address is the address at which the child will be staying whilst placed under the Regulations.
7.	Purpose of application - full time placement means the child will be placed on a full time basis and it is expected that a Care Order will not be imposed, or that an existing Order will be revoked in the not too distant future. Timescales for revocation need to be set.
16.	Composition of household means the composition of the household where the child will be living whist placed under the Regulations. This should include any persons who are frequent visitors, or who regularly stay overnight, even if not frequently.
28.	Placement Support - Regulation 20 requires the local authority to provide support to the placement as necessary to ensure that it continues to meet the child’s needs. Minimum visiting requirements are the same as for foster children. However, it is expected that in the early stages of the placement, a more frequent visiting pattern, including unannounced visits, will be established. Minimum standards should not stand in the way of good and safe practice. Proceedings would not have been initiated if there were not serious concerns. In all cases, the support package must ensure that the young person is safe and that his/her best interests are being promoted.
29.	Irrespective of the child’s age, the placement must be capable of meeting his/her religious and cultural needs.
31.	Regulation 13 specifies who should be notified of the proposed placement including: The relevant Health Trust; The relevant Local Education Service; Child’s registered GP; Person caring for child immediately before placement (unless this person was a local authority officer e.g. residential worker.); Person who held Residence Order before Care Order was made.
34.	The contingency plans should be agreed at the meeting which decided that an application should be made to the Designated Manager (Placement with Parents), or at the very least there should be an indication at this meeting of what the plans could be. A robust contingency plan should be agreed before the Placement Application - PWP is presented to the Designated Manager (Placement with Parents).

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