Ceasing to Look After a Child
Scope of this chapter
The Local Authority has a duty to ensure that when children have been Accommodated under Section 20 (Children Act 1989) and are discharged from, or leave care, that the discharge is in their best interests and that they will be safeguarded and their welfare will be promoted. Where a child has been Accommodated for 20 days or more, the decision should be made by a Nominated Officer, or the Director of Children's Services if the child/young person is 16/17 years old and has been Accommodated under Section 20, before discharge.
Related guidance
- Leaving Care and Transition
- The Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review
- Working Together, Assessing need and providing help
Amendment
In July 2025 this chapter was revised throughout and should be reread.
Children become accommodated through section 20 for many different reasons and are some of the most vulnerable children. Section 20 Accommodation can:
- Offer children and families short term support as a result of disability (short term break);
- Support a family in crisis, for example, as a result of health issues of the carer and where no other family or friend is available;
- Be the first stage for a relinquished child – particularly a child under 6 weeks of age;
- Be a means of safeguarding a child as a result of Child Protection Enquiries, enabling an assessment of risk and needs prior to more formal planning;
- Ensure appropriate care to a child who presents as 'abandoned';
- Be a way of managing a child where there are concerns of significant harm as a result of appearing to be 'beyond parental control';
- Offer the level of support and care required to an unaccompanied young person from abroad. (See Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery Procedure).
When a child is Accommodated, (and it is not part of a planned Short Break), timescales should be established at the outset for the length of time the Accommodation is considered to be required, together with a plan for the child returning home.
The first looked after review should take place within 20 working days and will be key to evaluating the risk, or likelihood of risk, of any Significant Harm; the needs of the child; further detailed multi-agency work required to support to the child and family, together with the timescales for these.
There can sometimes be concern about delay because of issues in working with either the parent or child. Equally, a parent or carer may request that the child be returned to their care ahead of the care plan, or where the concerns still exist. (See Section 2.3. Circumstances Around Ceasing to Look After a Child).
Where a child has been Accommodated for 20 working days or more, the Local Authority must carefully consider a request for the child to be discharged from care to ensure they remain safe and that their welfare continues to be promoted.
Ceasing to Look After a child will normally be part of the Care Plan that will fully consider these issues.
Before starting a Returning Home Plan, it is crucial to fully understand the child’s experience both at home and whilst in care. A full and analytical up to date case summary and genogram needs to consider the child and their family’s experience, what happened when the child was living in their family, what’s happened since they came into care, and the impact of their experiences on their feelings, emotional well-being and relationships, voice and wishes now, their racial, religious, and cultural identity.
- The birth family - what’s changed since the child became cared for, what does the relationship between parents, family and the child look like, what are the parenting skills in context of need of child; are there cultural or structural inequalities and how do/could these impact on the child; is there experience of and access to services; what are likely to be the ongoing support needs;
- Siblings and blended family members, meaning of brothers and sisters, impact of decision on brothers and sisters;
- The foster family or key worker’s relationship with the child and birth family, what support they will need through transition, what role can they play in longer term;
- Analysis – what will going home mean for everyone, what will everyone need? what might change even if child does not return? What is the potential impact on the child? What risks might remain? How can they be supported? What are the timescales for going home? If not returning home what else might be supported to change?
A plan for reunification must be based on a Returning Home Assessment, which is started when the child or their parent are asking for the child to return home – or at the earliest opportunity of an ‘unplanned’ return. The initial stage of this process involves the child’s allocated social worker working together with the family to understand what risk factors led to the breakdown in the parent-child relationship, and what protective factors help to strengthen that relationship.
The Returning Home Assessment includes an assessment of the current circumstances. It starts with an understanding of the current needs and behaviours of the child. The assessment considers the recent child and parent relationship that has been observed through spending time together, information from wider family and linked professionals (such as teachers); knowing what has changed within the family since the child entered care, such as living conditions and parent relationships; an assessment of the parents’ capacity to sustain change that includes support that parents with mental health issues, substance abuse or disabilities have engaged with from relevant agencies. Through these discussions the child’s social worker will begin to assess the parent's capacity to take full responsibility and care for their child.
This collaborative process should take no longer than 12 weeks to avoid any delay or drift. The assessment criteria needs to be understood as Best Interest, Good Enough, or Concerning. When the child and parent are initiating reunification and concerns exist, safety actions need to be considered.
The CRO should be advised immediately if the plan is likely to become return home to family, and the plan for return home needs to be agreed at a CLA review.
Tasks:
- Produce an analytical case history and genogram;
- Engage children and parents in the assessment process;
- Conduct the assessment with parents and children;
- Identify a trusted adult for the child to talk to about their thoughts and feelings for a potential return home;
- Write up the assessment with analysis.
The next stage involves analysis of all identified risk factors to work out the level of impact that these risks are likely to have on child if they were to return home. These risks are considered alongside the strengths that are being observed in the current child and parent relationship, the support of the wider family network, the skills, motivation and confidence of the child and parents to manage change, and an understanding of the impact of change on the child.
The assessment will include a clear understanding of the child’s health and educational needs and the potential for continuation of health and education plans including ongoing health treatment and the type of school provision they would require if they returned home.
The social worker, alongside the CRO is responsible for developing the recommendations of the Returning Home Assessment, which will be presented in a written report, signed off by the Team manager and Service Manager.
Once the risks are understood a decision can be made that prioritises the safety, stability and needs of the child. It may be that a return home is not currently possible due to these risks, and in extremely risky circumstances this process will be paused and will not proceed to Stage 3 for the time being.
Tasks:
- Analyse the risk of future harm to the child if returned home;
- Communicate the decision to children, parents, foster carers/residential workers, CRO and all relevant professionals with, where necessary reasons and clear messages of what needs to change for a return home to be re-considered;
- Provide support to the child and their parents where a return home is not currently possible.
At this point a request for support from the Solutions Service can be made. The Solutions team can provide a range of support for the return home including creating the Returning Home Plan, holding a Family Network Meeting and a Team around the child and family.
The Returning Home Plan starts with setting clear goals on what needs to be achieved before the child can return home and putting in place services and support to assist the family in meeting these goals. These goals will have a clear focus on the needs of the child and their parents or wider family and be linked to the identified risk and protective factors to support the development of a safer and closer parent-child relationship.
The Returning Home Plan will include a clear understanding of the child’s educational needs and the type of school provision they would require if they returned home. Consideration needs to be given to school preference and whether a mainstream or specialist school is required.
Questions to consider:
- If the child attends a specialist school could they continue attending if they returned home?
- Is the timing of the move going to have an impact on key assessments and exams in school such as phonics, screening, SAT’s and GCSE exams?
- How will the child travel to and from school? Do they currently travel by school transport? Would they be entitled to school transport when they return home?
- What would the transition to a new education setting need to look like for the child to make it successful?
- What support / intervention would the child require from the education setting to ensure they were successful?
- If the child is receiving therapeutic intervention via their current education setting could this continue, or would a new package need to be put in place?
The Returning Home Plan will include a clear understanding of the child’s health needs and any ongoing physical or mental health support they would require if they returned home. Consideration needs to be given to maintaining ongoing specialist support and supporting emotional well-being.
Questions to consider:
- If the child attends CAMHS could they continue attending if they returned home?
- Is the timing of the move going to have an impact on key health appts?
- How will the child travel to and from health appts?
- What would the transition to a new health practitioner/CAMHS/counsellor need to look like for the child to make it successful?
- What support / intervention would the child require from the health to ensure there was no disruption to the health care?
The Returning Home Plan will consider the relationship between the carers and the parents, and ensure a shared goal is developed with arrangements for ongoing mentoring and support during the Return Home period.
The Returning Home Plan will consider how increased time spent together can be supported, as well as individual interventions to build family relationships such as strengthening parenting skills and confidence, understanding this impact of family separation, managing challenging behaviours.
The Returning Home Plan will have milestones and timescales for achieving each goal. It will prioritise key structures in the child’s life such as their school and regular activities alongside their current friendships to work towards sustainability and stability.
Tasks:
- Develop a collaborative Returning Home Plan with the child and parent, this should be detailed and use the child and family language to ensure a shared understanding and consideration of their culture and values. It will include planning time spent together and individual interventions and support that is going to be provided. It will include a timeframe, who is going to do what and when, and use a calendar to ensure that the plan is visual, realistic and achievable;
- Hold a Family Network Meeting to include the wider family network in the Returning Home Plan to provide support and sustainability. Create collaborative contingency plans.
- Create a professional team around the child and family to work together to support the child manage any change of school, health or youth justice support, and the parents manage any health or well-being issues;
- Provide direct relationship-based support using trauma informed support to children and a therapeutic parenting approach;
- Explore household changes that need to be made, such as providing bedroom furniture, as well as the local and contextual support for the child and their parent. Consider if any financial help is needed.
The views and well-being of the child are central to the Returning Home Plan, and since each child and their situation is different, the plan needs to be dynamic and responsive whilst prioritising the safety and stability of the child. It can take several months to progress through each stage of the Framework, from assessment to initial decision, to support to pre-return home, the return itself and then post-return, and at each stage the plan should be clear and achievable.
As the return home plan is implemented, each change for the child needs to be tested and supported, with continuous analysis of the impact of change on the child. The child’s allocated social worker will manage the Returning Home Plan with the support from the Solutions Team and other key professionals and keep the CRO informed of progress.
Tasks:
- Children and their families provide continuous feedback with their views, hopes and concerns central to the process of returning home and recorded in a way that enables progress to be evaluated against goals;
- The child’s social worker will have an overview of the plan continuously analysing the impact of changes within the family. They will communicate regularly with the team around the child and family, and coordinate support from the range of professionals, as well as informal support from a variety of people and organisations;
- This professional team will maintain and review current support and services available to children and parents before and after return home and may need to liaise with commissioners about how services can meet the needs of these families whilst the child is in care and has returned home. For example, review continuous support of alcohol and drugs misuse services, and children’s access to services including CAMHS once they cease to be looked after;
- Team Managers will ensure that practitioners are sticking to the essential aspects of the Framework, discussing the application of the Framework in supervision and feeding into the quality assurance process.
Regular points of reviewing the plan need to be agreed, that are consistent with the timescales of the Returning Home Plan. The safety, stability and well-being of the child is central to the Returning Home Plan, and at each review the risks will be re-considered with any concerns raised balanced against the progress being made, and the plan amended accordingly. Where risks are increasing the decision for the child to return home will be reviewed by the Manager of the child’s allocated social worker.
Tasks:
- The child’s allocated social worker will review progress of the Returning Home Plan at regular intervals, no more than four weeks apart;
- The views of child and family are at the forefront of the return home plan and the starting point at each review;
- The review will consider the impact of the Returning Home Plan on the safety and stability of the child, with particular focus on the impact of spending time with their parent/s and wider family on the child; the ability of the parents to manage and sustain change, and any new or presenting needs that have become known;
- The review will consider the impact and effectiveness of the support and interventions and make changes if needed;
- Any updates to the plan will be shared with the professionals involved and a review of the team around the child and family will be held as they get close to the point of return home;
- At each review the risks will be reviewed and analysed, and if risks are escalating the Team Manger will review the decision to continue with the Returning Home Plan.
The Returning Home Plan will be updated at the point the child returns home, changing to address the ongoing support and interventions that are needed to achieve longer term stability. This support might include regular check-ins or continuation of specialist interventions and short-term financial support for the family to manage whilst child benefit or universal credit are arranged.
The team around the child and family are critical at the point of return home to provide support, advice and guidance that will achieve sustained change and stability.
At the point of Returning Home the allocated social worker will ensure that the changes of the child’s living arrangements are considered at school and health services such as GP or CAMHS.
Tasks:
- The allocated social worker will hold a Team round the Child and Family Meeting to update progress and agree any step across or continued support and actions that are needed to support sustained stability;
- Once the child/young person returns to live with a person with Parental Responsibility, they cease to be Looked After (S20) and the period of care must be ended subject to the requirements of Regulation 39;
- All key agencies need to be notified of the return home and that the child/young person is no longer Looked After.
Where a child who is not already considered to be a Child In Need but ceases to be Looked After, the child will become a Child In Need, (see Child in Need Plans and Reviews Procedure).
A Child In Need meeting should be convened wherever possible and appropriate, with relevant agencies, and a Plan drawn up which will promote the safeguarding, welfare and best interests of the child, with the objective of ensuring that the return to the parent or carer is successful.
The Plan should:
- Take in to account the child's needs;
- Take into account the child's views;
- The parents' capacity to meet the needs of the child;
- The existing family and support network;
- The environmental/community factors – both positive and negative;
- Acknowledge the child's changed legal status;
- Establish other agencies roles and responsibilities with respect to the Plan.
The Child in Need Plan should be subject to Review (see Child In Need Plans and Reviews Procedure, Reviews of Child in Need Plans) to ensure the Plan remains relevant, appropriate and required or whether it should be 'stepped down' to a CAF Plan.
See also Leaving Care and Transition Procedure.
An Eligible Young Person is someone who is:
- 16 or 17, have been Looked After for a period or periods totalling at least 13 weeks starting after their 14th birthday and ending at least one day after their 16th birthday, and are still in care. (This total does not include a series of pre-planned short-term placements of up to four weeks where the child has returned to the parent). There is a duty to support these young people up to the age of 18, wherever they are living.
Eligible Children are entitled to the same level of support as every other Looked After Child, during this important part of their development and transition. (See Leaving Care and Transition Procedure).
In relation to an Eligible child, from their 16th birthday, the Local Authority must:
- Carry out an assessment of needs with a view to determining what advice, assistance and support it would be appropriate to provide while looking after him and after it ceases to look after him;
- Prepare a pathway plan and review it regularly;
- Where the child is still being Looked After, arrange a personal adviser.
(See Leaving Care and Transition Procedure, Personal Advisers).
The Assessment of Need underpins the young person's current Care Plan as the starting point for developing the Pathway Plan. The Assessment should take place not more than 3 months after the young person's 16th birthday or after s/he becomes eligible, if later than 16 yrs. It should not require significant additional work if the young person is settled with an up to date Care Plan.
This Assessment of Needs must take into account the following:
- The wishes and feelings of the young person;
- His/her parents or other person with Parental Responsibility;
- The young person's health (including his/her physical, emotional and mental health) and development;
- The young person's continuing need for education, training or employment;
- The support that will be offered by his/her parents, friends and that all other connected persons will be able to give;
- The financial resources available to the young person, together with an assessment of his/her financial capability to manage their own finances;
- The extent to which the young person possesses the practical and other skills s/he will need to manage more independent living;
- The young person's need for continuing care, support and accommodation;
- The view of the educational establishment the young person attends and, if he/she has an education, health and care plan, the views of the authority that maintains the Care Plan (if different);
- The views of the IRO;
- The views of the Personal Adviser;
- The views of any person providing health care to the young person;
- The views any other person the Local Authority or young person feel is relevant.
Where the young person is seeking to discharge him/herself from care and live independently, the social worker in addition should evaluate and consider, (including the information from above), the degree to which the young person is able to live independently and the need for their continuing need for support and accommodation.
Following the completion of the assessment of need, the social worker should complete the Pathway Plan as soon as possible. The Pathway Plan should detail: which services will be provided, who will provide these services; what actions the social worker themselves need to undertake to secure such support; details of the support and involvement from family and other Connected Persons; timescales with regard to all of these. It is more than a 'statement of intent, it is a living document'.
The Pathway Plan must include what outcomes are to be achieved be with regard to the young person.
The Pathway Plan must specify the name of the Personal Adviser and detail the arrangements for visiting the young person. It should cover:
- Details of the young person's accommodation when s/he ceases to be Looked After, and how this will be suitable in view of his/her assessed needs;
- The plans and arrangements for the young person's continuing education and training;
- What support the young person will require to enable him/her to develop and sustain appropriate family and social relationships;
- How the young person will be supported to build and develop his/her independent living skills;
- The financial support to be provided to enable the young person to meet accommodation and personal living costs;
- How the Authority will assist the young person in obtaining employment or other purposeful activity when s/he ceases to be looked after, taking into account his/her aspirations, skills and educational potential;
- The young person's financial capabilities and money management capacity, along with strategies to develop skills in this area;
- How the young person's physical, emotional and mental health needs will be met.
The Pathway Plan should identify a contingency plan, (should the Pathway Plan not effectively meet the young person's needs).
The Pathway Plan must be reviewed:
- When the young person requests; or
- If the Personal Adviser considers it necessary; or
- At least once every 6 months.
The Plan should be adjusted accordingly with the young person's achievements, needs and maturity.
For young people with Eligible status, discharge from care should not take place until the Director of Children's Services has approved it.
In making the decision, the Director of Children's Services must be satisfied that:
- The young person's wishes and feelings have been ascertained and given due consideration;
- The decision to cease to look after a child will safeguard and promote their welfare;
- The support that the child and parent receive via the Children's Services Department and partner agencies, will be effective in supporting the child being safeguarded and promote the child's well being and best interests;
- The IRO has been informed;
- That as an Eligible child, there is an assessment of need (covering all the relevant areas); a Pathway Plan (detailing all the issues in Schedule 8 of the 2010 Regulations) and a Personal Advisor has been appointed.
An Eligible child will have the status and entitlements of a 'care leaver'. As such, they will be able to receive ongoing support, advice and encouragement to maximise their potential and will benefit from having direct support from their Personal Adviser up to the age of 25 yrs where they are in Education and Training.
In the event a child may have become Looked After for a short period, fewer than 20 days, such as in a family crisis, it is not necessary for the Nominated Officer to approve their return home in these circumstances. However, the social worker and line manager must be satisfied that the return is (or remains) in the child's best interests and the arrangements will (continue to) safeguard and promote the child's welfare.
Nevertheless, there will be situations where such circumstances create concern with respect to the child's vulnerability and where it is appropriate to consider whether the child should have a Child Protection Plan (see Child Protection Enquiries (Section 47)) or be a Child In Need, (see Child in Need Plans and Reviews).
The process for ceasing to look after a child should also apply to Short Term Breaks (where the Child is considered to be Accommodated in these circumstances), unless the Child is subject to Regulation 48 (1989 Act, The Care Planning, Placement and Case Review Regulations 2010).
(See also The Children Act 1989, Care Planning, Placement and Case Review Regulations).
In these instances the Child will already be a Child in Need and the Children's Social Services Department and partner agencies will have a considerable level of understanding with respect to the child and the parent or carers with a good level of communication between the practitioners and the family/child.
Nevertheless, the practitioner and line manager should always remain alert and sensitive to changes within the family's circumstances.
(See also Short Breaks Procedure).
In particular, where children are relinquished at birth, consent for adoption from the birth mother cannot be sought where the child is under 6 weeks of age, unless there is a Placement Order (see Sections 18 – 20 Adoption and Children Act 2002).
Therefore, prior to placing a child in an adoptive placement, the child may be placed in a fostering placement under Section 20 Children Act 1989. In these circumstances, consent for the child to be placed for adoption may be withdrawn by the parent and alternative arrangements made for the child (see Kinship Care).
Where a parent withdraws consent to the child's continuing Accommodation (Section 20(8) Children Act 1989), as part of the assessment raised in Section 2.1, Assessment careful consideration should additionally be given to:
- The circumstances with regard to the reasons for the child being relinquished;
- Any previous personal history of the parent or family;
- The period of time elapsed between the child being relinquished and the parent's change of mind; and,
- The reasons for the parent's change of mind;
- The contact / interest expressed by the parent during their separation;
- Issues of bonding by the parent;
- Preparation for caring for the child;
- Proposed caring environment / home circumstances and support for the parent.
This list is not exhaustive and the information provided as part of the Accommodation and relinquishing procedure will be key in identifying whether safeguarding processes should be invoked.
The social worker and line manager should determine whether the child should be considered as a Child In Need, (if the child has been accommodated for fewer than 20 days), but irrespective of this, there should be clear communication and liaison with GP and health visiting services in respect of the circumstances of the child.
Note: where the child has been Accommodated for more than 20 days, then the permission of the Nominated Officer is required for the child to be returned to the parent's care and due consideration be given to the Review decisions. (See Section 2, Children Accommodated under Section 20 and Relinquished Children Procedure).
As with all changing circumstances, the practitioner should:
- Ensure that a Child in Need Plan is drawn up and distributed to all relevant professionals/agencies involved;
- Establish a Working Agreement with the Parent or Carer where relevant;
- Ensure the child is appropriately supported through the transitional phase, including any emotional support; ensuring belongings, mementos, etc. are all transferred with the child in appropriate luggage (belongings should never be transported in bin-bags or other inappropriate containers[1]); information and other discussions with the parents or carers;
- Ensure that the parent or carer is appropriately supported through the transitional phase;
- Where education has been an issue for a child or young person, and they have necessarily had to change school, ensure their transition back to their education setting is supported by the setting, the family and promoted with the child or young person;
- Ensure that all partner agencies are made aware of the change of legal status of the child, particularly the school or nursery, the Health Visitor and GP;
- Where the placement has been out of the local authority, the Local Authority where the child was placed should be informed of the move of the child;
- Where there has been another Integrated Care Board (ICB) involved the ICB should be promptly advised of the child's move so that the medical documents can be transferred. The Child's home ICB should also be informed of the change so that the child's Health Plan can be progressed without delay;
- Ensure that the Placement Team is informed, and where the provider is an independent provider, that notice is given as soon as possible and within the commissioning/contractual arrangements;
- Inform the IRO;
- Ensure that the electronic record is updated to amend the status and address details etc;
- Ensure that School and Health records are effectively transferred (where appropriate) to support a smooth transition of information.
[1] See NYAS, My Things Matter Report.
Last Updated: November 6, 2024
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