SCOPE OF THIS CHAPTER
This guidance was added to the procedures manual in January 2020, it provides information on the agreed process to be followed in Calderdale when a local child is accommodated in an external specialist placement.
This document explains the responsibilities of the local authority and other agencies in relation to Sections 85 and 86 of the Children Act 1989 which were established to ensure that safeguards are in place for vulnerable children living away from home.
This was introduced to ensure that the following children are brought to the attention of Children’s Social Care in the local authority where they are ordinarily resident. It was designed to also ensure that Children’s Social Care in the local authority area where the provision is situated are aware of those children.
Sections 85 and 86 are intended to apply to children:
This applies to children and young people accommodated in England by Health Authorities and Local Education Authorities for a consecutive period of at least 3 months or with the intention to accommodate the child for such a period. The organisation who has arranged the provision – (the accommodating authority e.g. local authority, health authority, clinical commissioning group) shall notify the Director of Children’s Services (DCS) of the local authority where the child is ordinarily resident (the responsible authority) that they are accommodating the child. The accommodating authority shall also notify the DCS of the responsible authority when they cease to accommodate the child.
The responsible local authority has duties following notification of accommodation to:
It differs from Section 85 in a number of ways:
This applies to care homes and independent hospitals.
It places a responsibility on the provider of the placement (the person ‘carrying on the establishment in question’) to notify the DCS of the local authority where the provision is situated. Notification is required where a child is provided with accommodation in a care home or independent hospital for a consecutive period of at least 3 months, or with an intention to so accommodate. The provider must also notify the DCS when they cease to accommodate the child.
It is an offence not to notify the DCS as provided above.
The duties of the local authority following notification are to:
It is usual for placements under Section 85 and Section 86 to be used for children who are not looked after. (For Children Looked After, there are statutory arrangements in place under Care Planning regulations).
Usually these specialist placements are for children and young people with severe/complex mental health conditions who may not be known to the local authority’s Children’s Social Care service and where the local health service provider (e.g. CCG, CAMHS) has purchased the placement.
In order to ensure compliance with these duties and support good practice, we have agreed the following procedure to be followed by Calderdale MBC where notification is received that a child ordinarily resident in Calderdale is accommodated as above in an external specialist placement:
Where a child who is ordinary residence is in Calderdale is placed in an external specialist placement outside of Calderdale, the accommodating authority will notify the DCS in the local authority where the placement is and what are procedures will be e.g. content and Timing of Notifications.
Notifications to Children’s Social Care will contain the following information:
The notifying authority will also inform the parents/carers that the information has been disclosed to Children’s Social Care.Best practice dictates that notifications should be received at least 3 weeks before a child has been away from home for the statutory period (12 weeks) so that Children’s Social Care interventions remain within timescales.
Only valid for 48hrs