Chapter Twenty-Two
Children Living Away from Home
In this section:
IntroductionEssential Safeguards in All Settings
Children looked after by the local authority
Children looked after in Residential Settings
Children looked after in Foster Care
Private Fostering
Children placed for adoption
Children placed by other authorities in privately run residential or foster homes in Leicester, Leicestershire or Rutland.
Children in Hospital
Children in Custody
Children Visiting Prisons
Children from Abroad
Children from abroad in Education Settings
Foreign Exchange Visits
Unaccompanied Children from Abroad
Child Trafficking
Introduction
22.1 The purpose of this Chapter is to provide guidance to any person who has contact with Children living away from home in Leicester, Leicestershire and Rutland.
22.2 Revelations of the widespread abuse and neglect of children living away from home have done much to raise awareness of the particular vulnerability of this group. Many of these reports have focused on sexual abuse, but physical and emotional abuse and neglect including peer abuse, bullying and substance misuse are equally a threat in institutional settings. Some young people are living independently in the community and may require the coordination of services with a Common Assessment Framework (CAF) to meet their needs.
22.3 Individual agencies that provide care for children living away from home should have clear and unambiguous procedures to respond to potential matters of concern about children’s welfare in line with Leicester, Leicestershire and Rutland Local Safeguarding Children Board’s arrangements.
22.4 Allegations of historical abuse should be responded to in the same way as contemporary concerns. If the alleged perpetrator of the abuse is still working with children, action must be taken consistent with these procedures.
22.6 The circumstances where children live away from home and family include;
- Boarding schools;
- Children’s homes;
- Foster care;
- Private fostering;
- Respite Care;
- Hospitals;
- Prisons, young offender institutions, secure training centres, and secure units;
- Army bases;
- Young people who are living independently;
- Students from abroad (including foreign exchange visits);
- Children from abroad placed with friends or relations in the UK;
- Unaccompanied asylum seeking children.
22.7 It should be noted that disabled children and children for whom English is an additional language are particularly vulnerable when they are living away from home.
Essential Safeguards in All Settings
22.8 There are a number of essential safeguards which should be implemented in all settings in which children live away from home. Where services are not directly provided, essential safeguards should be explicitly addressed in contracts with external providers.
22.9 These safeguards should ensure that:
- Children are listened to;
- Children feel valued and respected and their self-esteem is promoted;
- Children who live away from home have their views and concerns responded to;
- Children have ready access to a trusted adult outside the institution, e.g. a family member, the child’s social worker, independent visitor, children’s advocate;
- Children should be made aware of the help they could receive from independent advocacy services, external mentors, and Child Line;
- Children should be genuinely able to raise concerns and make suggestions for changes and improvements, which are taken seriously;
- Effective action is taken to prevent and respond to bullying.
22.10 Settings should be fit for purpose and ensure that:
- There is openness on the part of the institution to the external world and external scrutiny, including contact with families and the wider community;
- There are clear procedures for referring safeguarding concerns about a child to the relevant local authority;
- Organisations should have a code of conduct instructing staff on their duty to their employer and their professional obligation to raise legitimate concerns about the conduct of colleagues or managers.
- There should be a guarantee that procedures can be invoked in ways which do not prejudice the ‘whistle-blower’s’ own position and prospects; there is respect for diversity and sensitivity to race, culture, religion, gender, sexuality and disability;
22.11 Staffing arrangements ensure that:
- Staff and foster carers are trained in all aspects of safeguarding children; alert to children’s vulnerabilities and risks of harm; and knowledgeable about how to implement safeguarding children procedures;
- Recruitment and selection procedures are rigorous and create a high threshold of entry to deter abusers;
- There is effective supervision and support, which extends to temporary staff and volunteers;
- Contractor staff are effectively checked and supervised when on site or in contact with children.
- Staff recognise the importance of ascertaining the wishes and feelings of children and understand how individual children communicate by verbal or non-verbal means.
- Clear procedures and support systems are in place for dealing with expressions of concern by staff and carers about other staff or carers.
- Staff and carers are alert to the risks of harm to children in the external environment from people prepared to exploit the additional vulnerability of children living away from home.
22.12 A Complaints Procedure should be in place which:
- Is clear, effective, user friendly and readily accessible to children and young people, including those with disabilities and those for whom English is not their preferred language.
- Addresses informal as well as formal complaints. Systems that do not promote open communication about ‘minor’ complaints will not be responsive to major ones, and a pattern of ‘minor’ complaints may indicate more deeply seated problems in management and culture which need to be addressed.
22.13 Records of complaints should be kept by providers of children’s services, for example there should be a complaints register in every children’s home which records all representations or complaints, the action taken to address them, and the outcomes.
Children looked after by the local authority
22.14 Children who are looked after in public care have particular needs. Individual children may be hard to reach and have little regard for their own safety. It is the responsibility of all practitioners to ensure that these children are safeguarded and their welfare is promoted.
22.15 Independent Reviewing Officers Regulations (2004) give specific guidance on duties in reviewing in relation to children who are looked after in public care. These apply to all children who are subject to care orders (either interim or final) whether they are living in residential care, with foster carers, independently or at home. They also relate to children who are voluntarily accommodated in public care.
22.16 Social workers should ensure that a looked after child is seen alone regularly and at key points. Care should be taken to listen to the wishes and views of the child and these should be recorded.
22.17 Children should always be given the opportunity of seeing the Independent Reviewing Officer (IRO) and speaking to them on their own (if age and developmentally appropriate) at the time of each statutory review.
22.18 The safety and appropriateness of the plans and arrangements for a child who is looked after in public care are considered at the statutory review meeting, a multi agency forum which takes place on a regular basis and should be fully recorded. Any practitioner who has concerns about the welfare of a child should raise their concerns at that meeting or, if more urgent, bring them to the attention of the social worker or Independent Review Officer at any time.
22.19 The duty of the local authority to undertake Section 47 (s.47) enquiries when there are concerns that a child has or is likely to suffer significant harm applies to children who are in the care of the local authority as it does to children who live in any other situation.
Children looked after in Residential Settings
22.20 Children who live in residential establishments have particular needs and practitioners should be vigilant in ensuring that they feel safe and secure both within and outside the setting.
22.21 Managers should ensure that staff members are aware of the procedures to follow in respect of abuse by children and young people.
22.22 Also see: Chapter 9 - Abuse by Children and Young People
22.23 Residential staff who have concerns about the welfare or safety of any child for whom they care should first raise the concern with the registered manager (or deputy) of the unit immediately.
22.24 Any allegations made against staff members or volunteers should be responded to in line with these procedures. Where historical allegations are made against current staff members these should be treated with the same urgency as a contemporary complaint.
22.25 Also see: Chapter 13 - Allegations against a person who works with, or is in contact with children in a work or care setting, including volunteers
Children looked after in Foster Care
22.26 The majority of children who are in the care of the local authority are placed with foster carers and should expect to be treated in the same way as a child in any other family
22.27 If concerns are raised about the quality of care, the safety provided or an allegation of abuse to a child in foster care, consideration should also be given the welfare of any other children living in the household, including the foster carers’ own children and possibly previously cared for children.
22.29 Foster care is undertaken in the private domain of carers’ own homes. This may make it more difficult to identify abusive situations and for children to find a voice outside the family. Social workers will see children in foster care on their own for a proportion of visits, and this will be explicitly recorded.
- Foster carers should be provided with full information about the foster child his/her family, including details of abuse or possible abuse, both in the interests of the child and of the foster family
- Foster carers will monitor the whereabouts of their foster children, their patterns of absence and contacts
- Foster carers will notify the placing authority and where necessary the police of any unauthorised absence by a child
- ‘Local authorities’ (LA) duty to conduct s.47 enquiries, when there are concerns about significant harm to a child, apply on the same basis to children in foster care as it does to children in their own families. Enquiries with foster carers will consider the safety of any other children living in the household, including the foster carers’ own children
- The LA in which the child is living has the responsibility to convene a strategy discussion, which should include representatives from the responsible LA that placed the child. At the strategy discussion it should be decided which should take responsibility for the next steps which may include a s.47enquiry
Private Fostering
22.30 A private fostering arrangement is one that is made privately (i.e. without the involvement of a local authority) for the care of a child under the age of 16 (or under 18, if disabled) by someone other than a parent or close relative for 28 days or more.
22.31 Privately fostered children are a diverse, and sometimes vulnerable group. Groups of privately fostered children include children sent from abroad to stay with another family, usually to improve their educational opportunities; asylum seeking and refugee children; teenagers who, having broken ties with their parents, are staying in short term arrangements with friends or other non-relatives; and language students living with host families.
22.32 Under the Children Act 1989, private foster carers and those with parental responsibility are required to notify the local authority of their intention to privately foster or to have a child privately fostered, or where a child is privately fostered in an emergency.
22.33 Teachers, health and other professionals should notify children’s social care of a private fostering arrangement that comes to their attention, if they are not satisfied that the local authority have been or will be notified of the arrangement.
22.34 Children’s social care must ensure that the children who are privately fostered in their area are satisfactorily safeguarded, and visit privately fostered children at regular intervals. They must be satisfied that the private foster care arrangement is suitable to meet the needs of the child.
22.35 They have the power to impose requirements on the private foster carer or, if there are serious concerns, to prohibit the arrangement. Where advance notice is given, this should be prior to the commencement of the arrangement. There are powers to impose requirements on the carer or, if there are serious concerns about an arrangement, to prohibit it.
22.36 Children’s Social Care must visit privately fostered children at regular intervals (a minimum of 6 weekly visits in year 1 and thereafter a minimum of 12 weekly) to ensure that their welfare is being satisfactorily safeguarded and promoted and that private foster carers and parents are provided with any required advice. The child should be seen alone unless it is inappropriate to do so. Children should be given contact details of the social care worker who will be visiting them while they are being privately fostered.
22.37 The Children Act 1989 creates a number of offences in connection with private fostering, including the failure to notify an arrangement or to comply with any requirement or prohibition imposed by Children’s Services. Certain people are disqualified from being private foster carers.
22.38 With effect from 2005, there is a legal requirement on the Local Authority to promote awareness in their area of notification requirements, and to ensure that such advice is given to those who are, or are proposed to be, privately fostered. This will also include parents.
22.39 This guidance, along with the National Minimum Standards and guidance for local authorities is available at:
http://www.everychildmatters.gov.uk/socialcare/safeguarding/privatefostering/
Children placed for adoption
22.40 Where a child is placed for adoption, they remain a looked after child, until the adoption order is made and procedures in relation to the care of looked after children continue to apply.
Children placed by other authorities in privately run residential or foster homes in Leicester, Leicestershire or Rutland.
22.41 Children placed in privately run residential or foster homes are the responsibility of their own placing authority. However, whilst the child is living in Leicester, Leicestershire or Rutland these procedures apply.
22.42 Where there is an allegation of abuse by staff or other children or young people, it is the responsibility of Children’s Social Care (in Leicester, Leicestershire or Rutland) to convene a strategy discussion. A specific decision of the strategy discussion will be to determine the responsibility for undertaking any enquiries.
22.43 The local authority in whose area a child is found in circumstances that require emergency action, is responsible for taking that action. If the child is looked after by, or the subject of a child protection plan in another authority, the first authority should consult the authority responsible for the child. Only when the second local authority explicitly accepts responsibility is the first authority relieved of the responsibility to take emergency action. Such acceptance should be subsequently confirmed in writing.
Children in Hospital
22.44 The National Service Framework for Children, Young People and Maternity Services (NSF) September 2004 sets out standards for hospital services. Hospitals should be child friendly, safe and healthy places for children, with care in an appropriate location and environment. Children should not be cared for in an adult ward.
22.45 Section 85 of the Children Act 1989 requires Primary Care Trusts (PCT’s) to notify the Children’s Social Care for the area where the child is ordinarily resident when a child has been or will be accommodated by the PCT for 3 months or more e.g. in hospital in order that the welfare of the child can be assessed if necessary and kept under review.
22.46 A child who has been an inpatient in a hospital, is known to Children’s Social Care and about whom there are child protection concerns, must only be allowed to be taken home if:
- Children’s Social Care have established that the home environment is safe, and;
- Any concerns of the medical staff have been fully addressed, and:
- There is a social work plan in place for the ongoing promotion and safeguarding of that child’s welfare.
Children in Custody
22.47 The Local Authority has the same responsibilities towards children in custody as it does towards other children in the area. The Youth Justice Board has a duty to take a lead on ensuring that children in its care are appropriately cared for and that it has robust procedures to safeguard their welfare.
22.48 Where a looked after young person who is the subject of a court order placing parental responsibility on a council enters a Youth Offender Institution (YOI) or a Secure Training Centre (STC), or is placed there on remand, the responsible authority (i.e. the one who looks after them) continues to be responsible towards their welfare, including leaving care services.
22.49 Where a young person who has previously been looked after under Section 20 of the Children’s Act 1989 enters custody, they do not remain a looked after child. The local authority where they are to live on release must assess their needs, and arrange services, including accommodation if necessary, for their release.
22.50 The LSCB must:
- Have agreed local protocols with custodial establishments in our area for referral, assessment and provision of services to children and young people in line with legislation, guidance and local procedures. This includes procedures for addressing third party abuse (i.e. where a child or young person discloses information about the abuse of another child.)
- Agree local child protection procedures with the local custodial establishments. Liaison arrangements for undertaking s.47 enquiries, holding strategy and other meetings and undertaking serious case reviews should also be agreed, together with representation on the YOI’s safeguarding committee
- Ensure that local protocols are in place in the event of a death of a young person in custody, or where a young person in custody sustains a potentially life-threatening injury, or serious and permanent impairment of health or development, and that a serious case review is considered, taking account any national guidelines from the Youth Justice Board, DfES and Prisons and Probation Ombudsman. (The latter is responsible for investigating all deaths in Prison Service custody
22.51 Additionally children’s social care:
- Must fulfil its statutory responsibility for contact with any young people, for whom they have parental responsibility, who are placed in custody
- Where they were previously responsible for accommodating a young person who is now in custody, or where a young person is now in custody who had previously been looked after by another local authority under Section 20, now plans to live in their area on release, should establish arrangements to promote and safeguard his or her welfare on release
Children Visiting Prisons
22.52 Mutually agreed arrangement between Children’s Social Care and prisons must be in place for safeguarding children and young people visiting prison.
Children from Abroad
22.53 Large numbers of children arrive into this country from overseas every day. Many of these children do so legally in the care of their parents, or for the purposes of education, a holiday etc and do not raise any concerns for statutory agencies.
Children from abroad in Education Settings
22.54 Children from abroad who attend boarding school in the UK are not considered to be privately fostered during the term time. If, during holiday periods, they remain at school or stay with carers arranged by the school, for a period of 14 days or more they are regarded as being privately fostered and the regulations set out above apply.
22.55 If arrangements for the care of the children during holiday periods are made directly between the parents and carers (without the involvement of an intermediary) the private fostering regulations come into effect after 28 days.
Foreign Exchange Visits
22.56 Children on foreign exchange visits typically stay with a family selected by the school in the host country. Where this is for a period of less than 28 days they are not ‘privately fostered’.
22.57 In these circumstances the only agency involved is education, with the school making arrangements to select host families and to negotiate the provision of families abroad.
22.58 In the event that any child in a household is subject to a child protection plan or is the subject of a s.47 enquiry, the household should (until there is a satisfactory resolution of concerns) be regarded by the school as unsuitable to receive a pupil from an overseas school.
22.59 Schools remain responsible for safeguarding and promoting the welfare of children when they arrange school exchange visits abroad. A school must take all reasonable steps to ensure that relevant schools abroad take a comparable approach. www.child-safe.org.uk
Unaccompanied Children from Abroad
22.60 Some children arrive in this country in circumstances that make them particularly vulnerable which include:
- In the care of adults who, whilst they may be their carers, have no parental responsibility for them;
- In the care of adults who have no documents to demonstrate a relationship with the child;
- In the care of agents (adults employed to bring them into the country);
- Being unaccompanied.
22.61 A small number of these children may be exposed to the additional risks of commercial, sexual or domestic exploitation.
22.62 Children arriving from abroad who are unaccompanied or accompanied by someone who is not their parent should be subject of an initial assessment. The assessment should include a separate discussion with the child in a setting where, as far as possible, they feel able to talk freely.
22.63 During the assessment of a child who is believed to have recently moved into this country, the practitioner should seek the following minimum information:
- Confirmation of the child’s identity and immigration status;
- Confirmation of the child’s age;
- Confirmation of the carer’s relationship with the child and immigration status;
- Confirmation of the child’s health and education arrangements in this country.
22.64 In some cultures child rearing is a shared responsibility between relatives and members of the community. Children may arrive in this country in the care of adults with whom they have always lived but to whom they are only distantly, if at all, related. Unless they are close relatives (i.e. grandparents, aunt, uncle or siblings) the child should be considered as being privately fostered and the placement subject to the relevant checks and regulations.
22.65 Children who do not have someone with parental responsibility caring for them can still access universal services including education and health care.
Referral to Children’s Social Care
22.66 Children’s Social Care should carry out an initial assessment of any unaccompanied child or child accompanied by someone who does not have parental responsibility.
22.67 The initial assessment should identify:
- Is this a child in need? (Including the nature of services required and whether a more in depth “core assessment” is necessary) (Section 17);
- Is there reasonable cause to suspect that this child is suffering, or is likely to suffer, significant harm? (Section 47).
22.68 All agencies should ensure that universal services, which can begin to address educational and health needs, are provided for the child without delay.
Strategy discussion
22.69 Where there are concerns that a child has or is likely to suffer significant harm the service manager will convene a strategy discussion/meeting in consultation with the Safeguarding Children Manager/Child Protection Manager and other relevant practitioners.
22.70 The strategy discussion/meeting should consider:
- The child’s perceptions of “authority figures”, the role of the Police in particular, and the level of fear which may be generated
- The additional implications for a family where there are concerns about deportation
- Balancing the impact on a child of separation with the available history and its credibility
- Judgements about child care practices in the context of different cultural backgrounds and experiences.
Child Trafficking
22.71 Trafficking is defined as: “The recruitment, transportation, transfer, harbouring or receipt of children by means of threat, force or coercion for the purpose of sexual or commercial exploitation or domestic servitude.” (AFRUCA/NSPCC) It is a rapidly growing global problem.
22.72 Immigration officials are trained to look out for children who are at risk of being trafficked. It is possible that children dispersed to this area may be subject of such concerns. Any alert received from Immigration Services or an intermediary placement should be treated extremely seriously.
22.73 The National Register for Unaccompanied Children (NRAC) aims to gather information on all unaccompanied asylum seeking children in the UK. There are plans to extend it to cover all unaccompanied children from abroad, not just asylum seeking children.
Referral to Children’s Social Care
22.74 As soon as suspicions are raised that a child is being trafficked, immediate action to safeguard the child is required. This includes urgent liaison with the Police and Children’s Social Care.
22.75 A strategy meeting should be convened to ensure that both the safety of this individual child and the investigation of organised criminal activity are addressed.
22.76 The strategy meeting will:
- Develop a strategy for making enquiries into the child’s circumstances, including consideration of a video interview;
- Develop a plan for the child’s immediate protection, including the supervision and monitoring of arrangements (for looked after children this will form part of the care plan);
- Agree what information can be given about the child to any enquirers and
- Agree what support the child requires.
22.77 If it is identified that a child may be being trafficked for the purposes of sexual exploitation. Chapter 11 Children and Young People Abused through Prostitution should be followed.
22.78 Also see: Chapter 11 - Children and Young People Abused through Prostitution
22.79 Children are also trafficked for the purpose of domestic labour. These children may be less obvious, and their exploitation by a family may be more likely to be picked up during a private fostering assessment, or because someone notices that they are remaining in the home and not in school etc. Children who enter the country apparently as part of re-unification arrangements can be particularly vulnerable to domestic exploitation.