Children Living Away from Home

Revelations of the widespread abuse and neglect of children living away from home have done much to raise awareness of the particular vulnerability of such children. Many of these revelations 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 and other settings.

Concerns for the safety of children living away from home have to be put in the context of attention to the overall developmental needs of such children and a concern for the best possible outcomes for their health and development.

Every setting in which they live should provide the same basic safeguards against abuse, founded on an approach that promotes their general welfare, takes into account their wishes and feelings, protects them from harm and treats them with dignity and respect.

These values are reflected in regulations and standards which contain specific requirements on safeguarding and child protection for each particular regulated setting where children live away from home - see also Managing Allegations of Abuse Made Against Adults Who Work with Children and Young People Procedure.

The following essential safeguards should be observed in all settings such as foster care, residential care, private fostering, armed forces bases, healthcare, boarding schools (including residential special schools), Prisons, Young Offenders' Institutions, Secure Training Centres and secure units. Where services are not directly provided, these safeguards should be explicitly addressed in any contract with a service provider.

All settings must ensure that:

• Children feel valued and respected and their self-esteem is promoted;
• There is an openness on the part of the institution to the external world and to external scrutiny; including contact with families and the wider community;
• Staff and foster carers are trained in all aspects of safeguarding children, are alert to children's vulnerabilities and risks of harm, and knowledgeable about how to implement safeguarding children procedures;
• Children are listened to, and their views and concerns responded to;
• Children have ready access to a trusted adult outside the institution, e.g. a family member, social worker, independent visitor or children's advocate. Children should be made aware of independent advocacy services, external mentors and Child Line;
• Staff/carers recognise the importance of ascertaining the wishes and feelings of children and understand how individual children communicate by verbal or non-verbal means;
• Complaints procedures are clear, effective, and user-friendly and are readily accessible to children and young people including those with disabilities and those for whom English is not their preferred language;
• Bullying is effectively countered - see Bullying Procedure;
• Recruitment and selection procedures are rigorous and create a high threshold of entry to deter abusers and there is effective supervision and support that extends to temporary staff and volunteers;
• Contractor staff are effectively checked and supervised when on site or in contact with children;
• Clear procedures and support systems are in place for dealing with expressions of concern by staff and carers about other staff or carers (a Whistle-blowing Policy);
• There is respect for diversity, and sensitivity to race, culture, religion, gender, sexuality and disability;
• 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.

Where there is reasonable cause to believe that a child has suffered Significant Harm, the Local Authority for the area in which the child is living has the responsibility to convene a Strategy Discussion/Meeting, which should include representatives from the responsible Local Authority that placed the child, if different.

At the Strategy Discussion/Meeting it should be decided which Local Authority should take responsibility for the next steps, which may include a Section 47 Enquiry.

The Local Authority's duty to undertake a Section 47 Enquiry, when there are concerns about Significant Harm to a child, applies on the same basis to Looked After children in foster care as it does to children who live with their own families.

When the concerns relate to a child placed in a foster home outside the area of the responsible local authority - see North West Children in Need Moving Across Local Authority Boundaries and North West Notification and Transfer of Children Subject of Child Protection Plans across Local Authority Boundaries Procedure.

Where there is reasonable cause to believe that a child in foster care has suffered or is at risk of suffering significant harm in the foster placement, the Managing Allegations of Abuse Made Against Adults Who Work with Children and Young People Procedure will apply and a Strategy Meeting will be held.

In these circumstances, enquiries should consider the safety of any other children living in the household, including the foster carers' own children, grand-children or any children cared for by the foster carers in their home as well as any children whom the foster carers may be caring for or working with outside their home in a voluntary or paid capacity e.g. teaching, faith or youth work, scouts or many other groups.

As foster care is undertaken in the privacy of the carers' own home, it is important that children have a voice outside the family. Social workers are required to see children in foster care on their own and evidence of this should be recorded on the child's records.

Foster carers should monitor the whereabouts of their foster children, their patterns of absence and contacts, and follow the recognised agency procedure whenever a foster child is missing from their home.

Details of the expectations placed on approved foster carers for looked after children are set out in the National Minimum Standards.

Private fostering is the term used when someone other than a parent or close relative is looking after a child under 16 (or 18 if disabled) for 28 days or more in their own home. Privately fostered children are a diverse and sometimes vulnerable group which can include:

• Children sent from abroad to stay with another family, usually to improve their educational opportunities;
• Teenagers who, having broken ties with their parents, are staying in short-term arrangements with friends or other non-relatives;
• Language students living with host families.

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.

Teachers, health and other professionals should notify the local authority of a private fostering arrangement that comes to their attention, where they are not satisfied that the arrangement has been or will be notified.

Once notified, it is the duty of every local authority to ensure that the welfare of children who are privately fostered within their area is being satisfactorily safeguarded and promoted. The local authority must also arrange to visit privately fostered children at regular intervals. All arrangements and regulations in relation to Private Fostering are set out in the Children (Private Arrangements for Fostering) Regulations 2005. Children should be given the contact details of the social worker who will be visiting them while they are being privately fostered.

All residential settings where children and young people are placed, including children's homes and residential schools, whether provided by a private, charitable or faith based organisation, or a local authority, must adhere to the Children's Homes (England) Regulations 2015 and all other relevant regulations and to the Quality Standards for Children’s Homes.

Where a local authority places a child in a different local authority area, it is the statutory duty of the Placing Authority to notify the local authority where the child is placed of the placement.

It is good practice for care providers and other professionals to also inform the host local authority in these cases, in case notification has not yet been received. The local authority receiving the notification also has a duty to pass this on to health and education providers to ensure the child receives all relevant services in their new area.

NOTE: The Visits To Children In Long-Term Residential Care Regulations 2011 apply  to children accommodated in residential special schools, hospitals or care homes for consecutive periods of three months or more – see Section 6, Children in Hospital or Long Stay Providers.

Prior to the placement, the Placing Authority must consider within the care planning process all potential risks to the child including the potential for the child to go missing and this is even more critical where a child is to be placed outside the area. Where appropriate a discussion should take place in relation to the likely risks with the Safeguarding Unit for the area where the child is to be placed.

Clear records must be kept and reviews and inspections must take place in accordance with the Quality Standards and regulations.

Children in such settings are particularly vulnerable and must be listened to.

All such establishments must have in place complaints procedures for children and young people, visiting and contact arrangements with social workers and Independent Visitors (for Looked After children), as well as parents, advocacy services.

Where there is reasonable cause to believe that a child in a residential setting has suffered or is at risk of suffering Significant Harm, a referral must be made in accordance with the Making Referrals to Children's Social Care Procedure. The concerns may range from bullying or abuse by other children to allegations against staff - see Bullying Procedure and, where the concerns relate to a member or members of staff and/or the care the child is receiving in the residential setting, the Managing Allegations of Abuse Made Against Adults Who Work with Children and Young People Procedure will apply and a Strategy Meeting will be held.

When the concerns relate to a looked after child placed in residential care outside the area of the responsible local authority - see North West Children in Need Moving Across Local Authority Boundaries and North West Notification and Transfer of Children Subject of Child Protection Plans across Local Authority Boundaries Procedure.

Hospitals should be child-friendly, safe and healthy places for children. Wherever possible, children should be consulted about where they would prefer to stay in hospital, and their views should be taken into account and be respected. Care should be provided in an appropriate location and in an environment that is safe and well suited to the age and stage of development of the child or young person.

Children under 16 should not be cared for on an adult ward. Hospital admission data should include the age of children, so that hospitals can monitor whether children are being given appropriate care in appropriate wards.

Hospitals must have policies in place to ensure that their facilities are secure and regularly reviewed.

Any concerns about Significant Harm to a child within a hospital or health based setting must be referred to the Children's Social Care Services in whose area the hospital is located in accordance with the Making Referrals to Children's Social Care Procedure.

No child known to Children's Social Care Services who is an inpatient in a hospital and about whom there are child protection concerns should be discharged home without a referral to establish that the home environment is safe, the concerns by medical staff are fully addressed and there is a plan in place for the ongoing promotion and safeguarding of the child's welfare - see the Making Referrals to Children's Social Care Procedure.

The Visits To Children In Long-Term Residential Care Regulations 2011 apply to children accommodated in residential special schools, hospitals or care homes for consecutive periods of three months or more. The ‘responsible’ local authority must, under sections 85 and 86 of the Children Act 1989, be notified of the fact. The Responsible Authority is then under a duty to take such steps as are reasonably practicable to determine whether the child's welfare is adequately safeguarded and promoted while they are accommodated, and to consider whether there is a need to exercise any functions under the Children Act 1989 with respect to the child.

Where the establishment in which the child is residing is in the public sector (e.g. NHS hospital, local authority residential special school), the ‘responsible authority” means (under section 85 Children Act 1989):

1. The local authority within whose area the child was ordinarily resident immediately before being accommodated; or
2. Where the child was not ordinarily resident within the area of any local authority, the local authority within whose area the accommodation is situated.

Where the establishment in which the child is residing is in the private sector (e.g. private hospital, care home), the ‘responsible authority” means (under section 86 Children Act 1989) the local authority within whose area the establishment  is situated.

Where the child is residing in a private establishment but funded by a public sector organisation, e.g. a ICB, then this will fall within section 85, rather than section 86, and the ‘responsible authority’ will be the authority within whose area the child was ordinarily resident immediately before being accommodated in the hospital.

The Responsible Authority, once notified, must ensure that visits are made to the child by a qualified social worker.

On each visit, the social worker must speak to the child in private unless:

• The child, being of sufficient age and understanding to do so, refuses;
• The social worker considers it inappropriate to do so, having regard to the child's age and understanding; or
• The social worker is unable to do so.

Where the child's needs for the purposes of the Children Act 1989 have not been assessed by any local authority in the past twelve months, the social worker must visit:

• Within seven working days of the notification; and
• Thereafter, at intervals of not more than six months.

Where the child's needs have been assessed in the past twelve months, the social worker must visit:

• Within three months of the notification; and
• Thereafter, at intervals of not more than six months.

In addition, the social worker must visit:

• Whenever reasonably requested to do so by the child; and
• Whenever satisfied that circumstances require the child to be visited in order to safeguard and promote his/her welfare.

The social worker must provide a written report of each visit.

The report must include the social worker's assessment of:

• The child's wishes and feelings about the accommodation, so far as the social worker has been able to ascertain them;
• Whether the child's welfare is adequately safeguarded and promoted;
• Whether further additional visits are required in order to safeguard and promote the child's welfare;
• Any services which the social worker considers appropriate to be made available with a view to promoting contact between the child and his/her family; and
• Any other steps that should be taken by the local authority exercising its functions under the 1989 Act to safeguard and promote the child's welfare.

The report must be copied to:

• The child, unless it would not be appropriate to do so, having regard to age and understanding;
• Any parent/person who has Parental Responsibility, unless to do so would place the child at risk of Significant Harm;
• Where different from the responsible local authority, the local authority in whose area the child is accommodated; and
• Any other person with responsibility for safeguarding and promoting the child's welfare under the 1989 Act.

See also: Statutory visits to children with special educational needs and disabilities or health conditions in long-term residential settings: Statutory guidance for local authorities, health bodies and health or educational establishments.

In all cases, the local authority in which a secure youth establishment is located is responsible for the overall safety and welfare of the children in that establishment. Under the Legal Aid Sentencing and Punishment of Offenders Act 2012, whenever children under 18 are remanded they become ‘looked after’ for the period of their remand. Their home local authority must visit them at specified intervals and prepare a Detention Placement Plan (DPP). The DPP is reviewed in the same way as a Care Plan for a Looked After Child. Note that in some areas, the term Care Plan may be used instead of Detention Placement Plan.

Each centre holding those aged under 18 should have in place an annually-reviewed safeguarding children policy which promotes and safeguards the welfare of children, and covers all relevant operational areas as well as key supporting processes, which would include issues such as child protection, risk of harm, restraint, separation, staff recruitment and information sharing.

Greater Manchester Combined Authority funds a dedicated Social Worker placed in HMIP YOI Wetherby to provide support to Greater Manchester young people with a focus on their safeguarding and resettlement.

Specific institutions in an area must ensure that there are links in place with the Safeguarding Children Partnerships and local authorities.

Wigan SCP have their own Protocol with local institutions, which is available on their website: Wigan Safeguarding Children Partnership website.

Placement in temporary accommodation, often a distance from previous support networks or involving frequent moves, can lead to individuals and families falling through the net.

It is important that effective systems are in place to ensure that children from homeless families receive services from health and education, social care and welfare support services as well as any other specific services, because with frequent moves they may become disengaged from services. For example a child who is not registered with a school or a GP will miss out on basic services such as health screening, eye tests, immunisations and learning to read and write. Where a child who needs specific treatment misses appointments due to moves the problem may become an issue of Significant Harm.

Temporary accommodation, for example bed and breakfast accommodation or women's refuges, may be a location which is not secure and safe and where other adults are also resident who may pose a risk to the child. Therefore, if this kind of accommodation is used, this should only occur where a thorough risk management strategy has been carried out and it should be reviewed regularly.

All concerns of Significant Harm to a child should be referred to Children's Social Care Services in accordance with the Making Referrals to Children's Social Care Procedure.

The local authorities' responsibilities for homeless families are set out in the Legal Framework for Safeguarding Children in Individual Cases.