5.11 Children Moving Across Boundaries

Introduction
Identifying children at risk of harm
Information sharing
Case Responsibility
Liasing with Partner Agencies
Transfer child protection conference
Retention of child protection responsibilities by the originating authority
A child (not looked after or subject of a child protection plan) in receipt of services from originating authority
Inter-area arrangements for child protection enquiries
Families moving during Section 47 enquiry

1.Introduction

Local authorities, the police, Youth Offending Teams and the health service have a specific 'duty to co-operate' to ensure better outcomes and to improve the well-being of all children, including children who move frequently.

In order to provide mobile families with responsive, consistent, high quality services, Leicester, Leicestershire and Rutland (LLR) local authorities and agencies must develop and support a culture of joint-responsibility and provision for all LLR children.

Children and families who move most frequently between local authorities are homeless families, asylum seekers and refugees, gypsy and traveller families, looked after children, and families experiencing domestic violence.

Frequent movers can find it difficult to access the services they need. For those already socially excluded, moving frequently can worsen the effects of their exclusion.

This section:

Defines the terms 'originating authority' as the local authority (LA) where the family previously lived, and the 'receiving authority' as the LA to which the family has moved;
Does not distinguish between temporary or permanent moves or to the nature of accommodation in which the child and/or family are living - e.g. private or public housing;
Addresses LA children's social care case and other responsibilities in relation to children in need, including those in need of protection. Other LA services and other agencies will have arrangements determined by different legislation and guidance;

1.1 Negotiated alternatives

In exceptional cases, in response to the circumstances of an individual child, a LA children's social care first line manager or above may negotiate different arrangements to those set out here, with their equivalent in another area.

Such negotiated departure from this procedure should be confirmed in writing by both the originating and receiving LAs within 48 hours of the agreement being made.

2. Identifying children at risk of harm

When families move frequently, it is more difficult for agencies to identify risks and monitor a child's welfare.

Professionals in all agencies should be alert to the possibility that a child or family who has moved may not be in receipt of universal services. Professionals should be competent in proactively engaging with the family in order to link them into local universal services, e.g.:

Seeking information about the child / family (full names, dates of birth, previous address, GP's name, if attending any school etc);
Providing information about relevant services;
Following up to ensure that the family has managed to make contact and register with a local GP, school and other relevant services to which the child is entitled;
Engaging appropriately with relevant agencies regarding any concerns which emerge.

Along with the indicators of risk of harm the following circumstances associated with children and families moving across LLR boundaries are a cause for concern:

A child and family, or pregnant woman, not being registered with a GP;
A child not having a school place or whose attendance is irregular;
A child or family having no fixed abode (e.g. living temporarily with friends or relatives);
Several agencies holding information about the child and family, which is not co-ordinated and / or which has not followed the child or family (i.e. information which is missing or has gaps).

3. Information Sharing

For agencies to maintain contact with children and families who move frequently, information needs to be accurate. Professionals should:

Ensure that all forenames and surnames used by the family are provided, and clarification is obtained about the correct spelling;
Ensure that accurate dates and places of birth are obtained for all household members, wherever possible;
Obtain the previous full addresses, and earlier addresses within the last two years;
Clarify relationships between the child and other household members, if possible with documentary evidence;
Ask the child / family with which statutory or voluntary organisations they are in contact.

Professionals in originating authorities must ensure that their counterparts in the receiving authority have been sent a copy of all relevant records within five days of being notified of the move.

Professional staff in receiving authorities must ensure that they request relevant records from their counterparts in originating authorities immediately when notified of the move.

All attendances of children at accident and emergency departments should be communicated to the child's GP by the hospital's paediatric discharge system or paediatric liaison arrangements.

4. Case Responsibility

The LA in which a child is living or found is responsible for providing the child with LA children's social care services, for exceptions to this see 4.2 below, regardless of whether the residence is viewed as temporary or permanent by either professionals or the family.

The circumstances when responsibility is retained by the originating authority are when the child is:

Subject to a Care Order or an interim care order in the originating authority;
Accommodated by the originating authority;
Subject of a Child Protection Plan in the originating authority;
In receipt of services from the originating authority.

4.1 Child subject to a statutory order in the originating authority

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 current use of Police Protection powers remain the responsibility of the originating authority.

Where a care, supervision or family assistance order is in force, the receiving authority may (and this must be confirmed in writing by a LA children's social care first line manager or above) agree to provide required services on behalf of the originating authority. However, the legal responsibility remains with the originating authority.

4.2 Child accommodated by the original authority

An accommodated child remains the responsibility of the originating authority until:

They are discharged from accommodation; or
Agreement is reached, and confirmed in writing by LA children's care first line managers for both authorities, that the receiving authority will accommodate the child.

Where a child is a mother / expectant mother and is accommodated or subject to leaving care arrangements (potentially up to 25 years), and is placed by the originating authority in another borough, the authority in which the mother is living is responsible for the baby (the subject is the new baby).

4.3 Child subject of a child protection plan in the originating authority

All reasonable efforts should be made to house children who are subject of a child protection plan or to a child protection enquiry within the LA area, unless a move is part of the child protection plan. This applies to both temporary and permanent housing provision.

The responsibility for a child subject of a protection plan remains with the originating authority until the receiving authority's transfer Child Protection Conference. See Section 6, Transfer child protection conference.

The receiving authority may be some distance away, to the extent that home visits and other tasks cannot be effectively accomplished by a social worker within an originating authority. In such cases, the receiving authority must agree to implement the child protection plan on behalf of the originating LA from the date of the move. The agreement must be confirmed in writing at LA children's social care first line manager level or above. The receiving authority is responsible in law for making enquiries and taking action to safeguard and promote the child's welfare.

The originating authority's responsibility for a child subject of a child protection plan ceases when, following from a transfer child protection conference:

The receiving authority's transfer child protection conference makes a decision about the continuing need for a protection plan;
Management responsibility is transferred to the receiving authority;
These decisions have been confirmed between the two authorities and this has been conveyed in writing between the originating and receiving authorities.

The LA child protection adviser in the originating authority must be informed in writing of the result of the conference and is responsible for notification of other agencies where case responsibility has transferred to a new area.

5. Liaising with Partner Agencies

In cases where LA children's social care is aware in advance of a child's move, the children's social worker in the originating authority must, prior to the child's move (and in addition to informing relevant agencies within the originating authority) inform the receiving authority's LA children's social care of the child's move and ensure that appropriate agencies in that authority are aware of their needs.

Health and education agencies in the originating authority are responsible for providing information to their colleagues in the receiving authority prior to the child's move.

If this information has not been received by the time the child moves, it is the responsibility of the receiving agencies (once they become aware of the child's arrival) to request the information. In such cases, the first line manager for the relevant originating authority's services is responsible for providing the information within one working day.

5.1 Information sharing where child is subject of a Child Protection Plan

If a professional from any agency discovers that a child subject of a protection plan is planning to move or has moved out of / into the area, they should inform the key worker immediately, and confirm this information in writing, whenever practicable on the same day.

The key worker must inform all other professionals involved in the case as well as the receiving LA children's social care. If the move has occurred already, the key worker should complete this task immediately. If the move is to be within the next 14 days, the key worker should complete this task within one working day

The key worker from the originating authority must inform the child protection managers of both originating and receiving authorities of the (proposed) move.

It is the responsibility of each agency in the originating authority to try to ascertain that:

Its reciprocal agency in the receiving authority receives detailed information and is made aware of the need to fulfil its role in the protection plan;
The key worker is informed of the name and details of staff in the receiving area;
The key worker is notified of any factors affecting the protection plan.

The key worker in the originating authority must:

Make contact with agencies in the receiving authority to ensure that the level and type of service being provided satisfies the requirements of the protection plan;
Discuss any difficulties with their supervisor;
Initiate use of any of the local authority's statutory powers made necessary by the move;
Provide a report and attend the child protection transfer conference.

When case responsibility is to be transferred, the key worker must inform all agencies of the arrangements so that staff can transfer records and attend and provide information to the receiving authority's transfer child protection conference.

LA children's social care in the receiving authority must ensure, prior to the transfer conference, that it has received sufficient relevant information from the originating authority to clarify details of the case, responsibility for the child and plans.

Staff from agencies in the receiving authority must ensure prior to the transfer conference that where they have not already received it, they seek information from their counterparts in the originating authority.

6. Transfer child protection conference

The receiving authority must convene a transfer child protection conference within 15 working days from the date that a child subject of a protection plan moves into its area or discovering that a child subject of a protection plan has moved into its area.

The transfer child protection conference should be convened, in line with these procedures (for further information please see Review Child Protection Conferences Procedure.

The transfer child protection conference may recommend that although case responsibility is transferred to the receiving authority, joint work with professionals from agencies in the originating authority continues for a time limited period. Where this occurs, the originating authority must comply with the terms of the revised child protection plan.

Families should be made aware that information will be shared with services in the receiving authority.

When a planned transfer of responsibility for a case is being arranged, a LA children's social care professional from the originating authority, who has knowledge of the case, must be invited to attend the transfer conference, along with any other significant contributors to the child protection plan.

Each of the receiving local agencies must ensure that they have obtained the relevant information from their originating authority counterparts, so that the transfer child protection conference has all the information required to make fully informed decisions and develop a proper protection plan. The agencies should also provide any new information to the conference.

7. Retention of child protection responsibilities by the originating authority

The originating LA should retain Child Protection responsibilities where the child protection plan specifies a move out of an authority for a time-limited period. The originating authority may require assistance from the receiving authority to carry out the protection plan.

These may be circumstances where:

The child temporarily stays with friends / family in another LA;
The child is admitted to hospital in another LA (e.g. a tertiary treatment centre
Parent/s, together with children, are provided with time-limited placement in a residential family assessment unit in another LA;
A parent is supported for a time-limited period to live with a specific person (e.g. a relative or friend in another authority).

The originating LA should also retain child protection responsibilities when a family moves so frequently that the child's welfare cannot be adequately monitored because of the continuing disruption to service provision and information transfer.

In this situation, the originating authority should retain child protection responsibility but should share information with the successive receiving authorities and receive new information and assistance from the receiving authorities to carry out the protection plan.

Whenever one of the above circumstances applies, the key worker must:

Agree with the LA children's social care first line manager that it is in the best interests of the child for the originating authority to retain case responsibility;
Inform the LA child protection advisers in both authorities that the originating authority will retain case responsibility;
Provide the receiving authority with written information on the child and the protection plan and the level of participation required of the receiving LA children's social care in implementing the plan;
Request that the child is added to the receiving authority's list of children subject of child protection plans, in a temporary category;
Make contact with agencies in the receiving authority to ensure that the level and type of service being / to be provided satisfies the requirements of the protection plan.

Both LA children's social care first line managers must:

Confirm in writing their agreement to case responsibility being retained by the originating authority for a specific period, including the dates for the period;

Ensure that the arrangements made satisfy the requirements of the protection plan.

The LA child protection adviser of the receiving authority must ensure that a proper record is made of the existence of a child subject of another authority's protection plan living in the area of the receiving authority.

If first line managers are unable to immediately agree case responsibility, they must refer to their respective child protection managers, who should determine case responsibility. If agreement is still not achieved, the LA conflict resolution process should be followed.

The originating authority must ensure effective completion of an assessment or Section 47 Enquiry before seeking to discharge a child from care or accommodation or to transfer case responsibility.

8.A child (not looked after or subject to a child protection plan) in receipt of services from originating authority

There will also be cases in which a family moves its address whilst undergoing child protection enquires. In these cases, it is normally advisable that assessments or particular pieces of work or treatment are concluded before transfer of case responsibility takes place. 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 repeat work to overcome child protection concerns.

8.1 LA children's social care

Where a child and / or family in receipt of services from one LA children's social care moves to another area, the originating authority is responsible for notifying the receiving authority in writing of the child and family's circumstances and any ongoing need for services.

In response to notification by the originating authority of an ongoing need for services, the receiving LA children's social care must:

Accept the assessment of need provided by the originating authority; or
Undertake an assessment of need of the family's move within one calendar month of the move (or receipt of notification that the family have moved - if later).

The receiving LA children's social care will be responsible for making a decision on the child / family's eligibility for service provision based on an assessment of need one calendar month after notification of the move (or later if agreed).

The originating authority must retain case responsibility for the first calendar month unless a professional casework decision is taken to close the case or the receiving authority agree in writing to provide a service prior to this date.

8.2 Exceptional arrangements

The exceptions to the transfer of case responsibility in Section 8.1 LA Children's Social Care above, are where the originating authority is:

Providing a time limited service which requires consistent professional input;
Completing a Core Assessment;
Providing a specified package of support such as housing/ subsistence for a defined period; or
The family moves so frequently that in order for the child's welfare to be adequately monitored, the risk of disruption to service provision and information gathering which could happen with frequent case transfer needs to be minimised.

The originating authority must provide a child in need plan which sets out the authority's intention to continue to offer a service for a defined period in excess of one month (e.g. subsistence payments, housing costs, completion of a core assessment).

If the need for a section 47 enquiry arises in respect of the child during this extended time-limited period, the receiving authority is responsible for this.

Once a section 47 enquiry has commenced, the originating authority ceases to have responsibility for the child / family other than in respect of funding of the Child in Need plan originally formulated.

8.3 Information sharing

Where a child in need is receiving services, but is not looked after or subject of a protection plan, the originating authority must (in addition to informing relevant agencies in the originating LA) inform the receiving authority in writing of the plan, with intended date of move and details of the child's identified needs.

If the originating authority was unaware of the move before it occurred, the notification must occur within one working day following its discovery.

The receiving authority is responsible for seeking full information from the originating authority, including information from other agencies where appropriate.

The receiving authority is responsible for seeking full information from the originating authority, including information from other agencies where appropriate

9. Inter-area arrangements for child protection enquiries

A local authority has a lawful responsibility to conduct a Section 47 Enquiry regarding suspected or actual Significant Harm to a child who lives or is found in its area.

9.1 Definition of 'home' and 'host' authority

The term 'home authority' refers to the authority holding case responsibility or if the child is not on an active caseload in LA children's social care, the authority where the child is living (this could be either an originating or receiving authority).

The term 'host authority' refers to the authority where a child may be found, is visiting for a short break or in receipt of specified services (e.g. education) - this could be either a receiving authority without case responsibility or an entirely different authority.

In situations where the child is found, staying in or receiving a service from a host authority, it is not always clear which authority is responsible for protecting the child and conducting enquiries.

The following are examples of these circumstances:

A child found in one authority but subject to a protection plan in another authority;
A looked after child placed in another local authority;
A child attending a boarding school in another area;
A child receiving in-patient treatment in another area
A family currently receiving services from another local authority;
A child staying temporarily in the area but whose family remains in the home authority;
A family who have moved into the area, but where another authority retains case responsibility temporarily;
A child suspected of being abused (e.g. by a paedophile operating in the host authority).

9.2 LA children's social care

Where more than one authority is involved with a child, LA children's social care responsibility for child protection enquiries will depend on whether the allegations or concerns arise in relation to the child's circumstances within their home authority or within their host authority.

The following should always be applied:

All child protection enquiries should be managed in accordance with Section 3 of these procedures;
Immediate and full consultation and co-operation between both host and home authorities, with both involved in the planning and undertaking of enquiries;
Case responsibility for child lies with the home authority;
Any emergency action should be taken by the host authority unless agreement is reached between authorities for the home authority to take alternative action (e.g. if geographically close);
Where concerns arise in relation to the child's home circumstances, the police child abuse investigation unit (CAIU) and social work services will lead the enquiry, involving the host authority where the child is placed;
If concerns arise in relation to safe parenting (e.g. where parents are visiting a child in hospital, residential or boarding school), the CAIU and LA children's social care will lead the enquiry, involving the host authority where the child is placed;
Where concerns arise in relation to the child's circumstances within the host LA (e.g. abuse in school or placement), the host LA children's social care will lead the enquiry, liasing closely with the home authority;
Where emergencies and enquiries are dealt with by the host authority, responsibility for the child will revert to the home authority immediately thereafter. The home authority will also normally be responsible for the provision of any form of foster or residential care or other services to ensure the protection of a child found in a host authority. The welfare of the child will be the paramount consideration in this determination;
Negotiations about responsibility must not cause delay in urgent situations.

9.3 Procedure

There must be immediate contact between home and host authorities, initiated by the authority which receives the referral.

The home and host authority will agree initially:

Any need for urgent action;
Responsibility for any urgent action and enquiries in accordance with the above principles;
Responsibility and plans for a strategy meeting / discussion;
Responsibility for liaison with other agencies.

The following people must be told, and sent written confirmation, of the referral:

The social workers for the child/ren or the relevant manager where there is no allocated social worker;
The child protection manager for both home and host authorities;
(Where relevant) the placement officers of both authorities;
Other local authorities using the service or placement;
The appropriate regulatory authority;
The local authority where an alleged abuser lives and / or works.

If agreement cannot be reached within the working day, the LA children's social care covering the area where the child is found has the responsibility to undertake the enquiry and take any protective action necessary.

9.4 Strategy meeting / discussion

Strategy meetings / discussions must be held within the timescales set generally for strategy meetings / discussions and be convened, administered and chaired by the responsible LA children's social care as defined above.

Attendance at the meeting / discussion must include:

A managerial representative of the service provider (unless suspected of involvement in the child protection concerns);
Home authority responsible for the child/ren;
Host authority;
Representatives of other agencies and authorities as decided by the responsible social worker (in consultation with the other authority).

Information provided to the strategy meeting / discussion will depend on the source of the concern, but must include basic details of the child/ren and family as well as relevant information about:

Family and (where applicable) placement history of the child;
Basic details about alleged abuser (where applicable) employment history for the staff member / foster carer / volunteer etc.;
Registration history of the establishment service.

The responsible local authority should record the strategy meeting / discussion, including decisions, actions, responsibility for actions, timescales and process for review and closure, and distribute this to relevant parties.

For further information please see chapter 3.4 Strategy Discussions.

9.5 Outcome of enquiry

The outcome must be conveyed in writing by the social worker in line to:

All local authorities with children affected;
All local authorities using the same service or placement;
All agencies involved;
The child/ren where appropriate;
Parents, carers and any others with parental responsibility;
The employee, foster carer and any other professional involved in the concerns;
The appropriate registering authority.

10. Families moving during Section 47 enquiry

In the event that a family moves whilst a section 47 enquiry is being undertaken (e.g. to a refuge in another area), the originating authority should convene a strategy meeting / discussion within 72 hours. This must include the receiving authority.

The originating authority retains responsibility until the completion of the enquiry, unless an alternative arrangement is agreed. If a child protection conference is required it should be convened in the receiving authority. The originating authority must provide a report for the conference based on their investigation.

10.1 Role of officers responsible for placements

Where allegations or concerns about a placement are the subject of enquiries, the officer responsible for placement in both host and home areas must:

Consider the implications for other children and pass relevant information to other placing social workers;
Halt new placements until enquiries are concluded and outcomes evaluated;
Inform the regulatory authority of the placement;
Having considered the outcome of the enquiry, decide the implications for future placement and confirm in writing to the establishment or foster carer the outcome and implications for future use of the placement;
Follow up any other matters as appropriate in relation to the establishment or its management, staffing or registration.

The above is applicable to social care placements for children looked after, health placements for children with health difficulties in hospital or other forms of community health provision and for children attending educational placements involving residential accommodation.

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