1.6 Working with children and families who move across Safeguarding Children Partnership Boundaries

This procedure sets out the actions to be taken in relation to children and families who move across local authority boundaries, either on a temporary or permanent basis. This procedure is to be used where there is contact with the family by the statutory agencies and some degree of concern for the child.  Where there are no concerns for a child or family normal processes are followed to set up universal services.

These procedures inevitably will not cover every eventuality but aim to guide best practice and expectations. At all times the interests of the children involved must take precedence and all efforts should be made to avoid discussions around jurisdiction causing delays to supporting any children.

Where a child moves and the family cannot be located, the Joint Policy for Children Missing | Sussex Child Protection and Safeguarding Procedures Manual should also be followed.

The term ‘Originating Authority refers to the Authority in which the child previously lived, and ‘Receiving Authority’ to the Authority to which the child has moved.

The Sussex Safeguarding Children Partnerships are dedicated to working seamlessly across all geographical boundaries.

The Sussex Safeguarding Children Partnerships aim to:

1. Ensure that safeguarding practices and protective measures are not disrupted as children move from one area to another.
2. Promptly and accurately share relevant information between different safeguarding partnerships in different regions.
3. Foster strong working relationships between different safeguarding agencies and professionals across regions.
4. Establish clear procedures when children move across regions.

Moving across Local Authority borders can, along with the indicators of risk of significant harm set out in the Recognising Abuse and Neglect Procedure, be a safeguarding concern in the following circumstances

• A family not being registered with a GP
• Children missing from a school roll or persistently not attending
• Homelessness, in so far as it impacts on the welfare of the child (such as living temporarily with friends, relatives or in a refuge)
• Inappropriate housing impacting on children’s welfare
• Information held across a network of agencies with no single agency holding the whole picture of family history
• A & E departments offering treatment to a child who appears not to be engaged with primary health services.
• Children and/or/ their parents/carers with complex mental health needs
• Children with complex medical conditions
• A pattern of avoidance of support services, or disguised compliance.

The Children Act 1989 is clear about where the responsibility for safeguarding and promoting the welfare of  children lies (Section 17 and Section 47): it is with the Local Authority responsible for the area in which the child is to be "found", i.e. where they are at the time that concern may arise, which will generally be where they are living.

Child has an existing plan, Child in Need, Child Protection or Child in Care

However, where a child has an existing plan, Child in Need, Child Protection or Child in Care, formal transfer processes should be followed. Responsibility for safeguarding the child will remain with Originating Authority (even though the child will have moved) until these transfer processes have been completed.

The Originating Authority will also retain responsibility for the child where the child(ren) are subject to a statutory order, for example an Interim or Full Care Order, Section 20, EPO or Police Protection powers.

Care leavers

Responsibility will be maintained by the Originating Authority for Care Leavers

Where a child is a parent/expectant parent and is in care or there are care leaving care arrangements up to 25.

Where a child is a parent/expectant parent and is in care or subject to leaving care arrangements up to 25, The responsibility for these services remains with the Originating Authority, unless formally transferred.

The Receiving Authority will be responsible for responding to any concerns about the baby. The principles above around legal planning apply.

If the unborn baby is already the subject of a pre-birth child protection plan the arrangements for transferring the child protection plan must be followed. 

Responsibility to provide/obtain information

• Where Children's Social Care is aware in advance of a child's move, the social worker in the Originating Authority must, before the child's move inform relevant agencies within the Originating Authority and the Authority which the child has moved into.  
• The social worker must also ensure that appropriate agencies in which the child is now living are aware of the child's needs.
• It is the responsibility of health and education agencies in the Originating Authority, before the child's move, to provide information to their colleagues in the Receiving Authority.

 If this information has not arrived by the time the child moves, it is the responsibility of the Authority to where the child has moved (once they become aware of the child's arrival) to request the information.

As a general principle, if a family move into Emergency Accommodation provided by the Local Authority, this is normally for a short period of time, up to 56 days. This allows time for the housing duty to be initially assessed. The family may move back to their Originating Authority or another Local Authority area. If the family are open to Children's Services, the Originating Authority would maintain their case responsibility during this Emergency Accommodation period. This avoids unnecessary 'bouncing' of case responsibility.

If this accommodation becomes Temporary Accommodation, which is often in place for an extended period of time, and the process of setting up local services such as schools and a GP has started, the Receiving Authority will start transfer processes.

If a family are in Emergency Accommodation in the receiving authority, placed by the Originating authority Housing Department, and not open to Children’s Services, in normal circumstances any new safeguarding concerns will be managed by the receiving authorities Front Door and action taken as necessary. If the family are likely to return to the Originating Authority during any subsequent assessment this will be referred back to the Originating Authority.

Where a family has only been resident in the Originating Authority for a short period of time, then the respective Authorities should consider who is best placed to undertake any assessment. For example where a family is moving across multiple areas in a short period of time.

Where the Originating Authority places a family in Emergency Accommodation in a Receiving Authority area, so out of their area, and subsequently Housing find that they do not have a Housing Duty to the family the concerns for the potential Homelessness for the children should revert to the Originating Authority.

Procedure for the Originating Authority  - Child in Need

If a family with children or a child subject to a Child in Need Plan moves to another area, then the Originating Authority should notify the Receiving Authority that the family or child have moved and provide copies of relevant documentation:

• Copies of the most recent assessments of the child(ren)
• Copies of the child in need plan
• An up-to-date Social Work summary identifying the needs of each of the children
• If the children have previously had a Child Protection Plan, then the Originating Authority should ensure that the risks and protective factors are clearly described in the summary.

The Social Worker will

• Ascertain the address where the child will be staying or moving to; 
• Ascertain the dates of the move or travel; 
• Ask for evidence of travel and accommodation arrangements
• Agree with the parents/ carers how they can be contacted e.g. mobile phone numbers

Procedure for Receiving Authority – Child in Need

The Receiving Authority must undertake the following actions:

• The Front Door/ MASH must first ensure that full details of the incoming family members are obtained; and

•  full details of any previous assessments undertaken, including any financial responsibility exercised by the Originating Authority.

The Front Door / MASH or allocated Team who has accepted the referral must (within 15 days of first being notified of the move) inform the Originating Authority, what the proposed action is by the service and at this point take full responsibility for any CIN Plan. A CP Plan would transfer at the Transfer CP Conference.

The Social Worker will: 

• Notify the relevant Head of Service and the  Child Protection Conference Chair and agree arrangements for contacting and visiting the child; 
• Agree arrangements for the child to be seen every 10 working days; 
• Discuss, if appropriate and not likely to increase the risk to the child, any concerns they may have in relation to the child going abroad on holiday (e.g. fears that the family may flee, Female Genital Mutilation, Forced Marriage, Trafficking, Child Sexual Exploitation, Radicalisation, Honour-Based Violence); 
• Consider applying for a Prohibited Steps Order with legal services if there is significant concern about the child being at increased risk if they move area or are taken outside of the UK. 

Action to be taken when a temporary or permanent move is planned or suspected 

In any circumstance where a temporary or permanent move is planned or suspected, the social worker and the Core Group or Professional Network will consider implications for the child’s wellbeing and safety. The Child in Need or Child Protection Plan will be updated with any arrangements necessary to strengthen safety and the updated plan shared with the family and Core Group/ Network.

The Social Worker and the Core Group or Professional Network remain responsible for implementing the Child Protection or Child in Need Plan until the above actions have been completed.

If the child subject to a Child Protection Plan is taken abroad without notice or planning 

The social worker will inform the relevant authorities in the country of destination, seeking advice from Children and Family Services Across Borders CFAB | UK Branch of International Social Services as necessary. The social worker should at once inform their Head of Service and Children’s Services Head of Safeguarding.  

If a criminal investigation is underway, police will inform the relevant Police force abroad. 

If the child does not return before the time the Review Child Protection Conference is due, it will go ahead with information gathered from relevant local agencies as well as the information gathered from Children and Family Services Across Borders. A decision whether the child should remain subject to a Child Protection Plan will be made and if so, a revised Child Protection Plan made. 

Responsibility for the Child Protection Plan 

Where there are significant concerns about a child, the transfer to another Authority should not deter the Originating Authority from initiating Care Proceedings.

• The responsibility for a child on a Child Protection Plan remains with the Originating Authority until the Receiving Authority's Transfer Conference. Following the Transfer Conference, the Originating Authority should end their Child Protection Plan and notify relevant agencies accordingly. 
• Transfer Child Protection Conference Arrangements are set out in the  Transfer Child Protection Conference protocol.  

A temporary move could cover a range of situations from holiday stays to short stay placement moves to relatives or residential units; the circumstances should always be checked with the child's Lead Social Worker.

Where it is known that the child has moved out of the area for a temporary period, consideration should be given to what information may need to be shared with agencies in the receiving area.

The Lead Social Worker in the Originating Authority must contact the temporary Receiving Authority to provide them with the relevant personal details and the last Child Protection Plan

It is the Originating Authority's responsibility to ensure the Child Protection Plan continues to be implemented until the formal transfer has been agreed at a Transfer Conference. 

Useful criteria to judge the permanency of a move will include security of housing, registration with a GP, enrolment in an education or early years provision

Where the originating authority is dealing with a child through the public law outline but proceedings have not been initiated pending further assessments, then case responsibility should remain with the originating authority.

If there is evidence of immediate or increased risk resulting from the move; or there is evidence that the family have only moved to avoid legal proceedings, then the originating authority should instigate proceedings immediately. 

Strategy Meetings should always be convened by the Local Authority where a child has suffered or likely to suffer harm. The Strategy Meeting will decide if a S47 is required, and which Local Authority will carry out these checks and assessment.

The Section 47 Enquiries procedure provides further guidance on the duty and arrangements for conducting such enquiries. 

Professionals do not need consent to share personal information. It is one way to comply with the data protection legislation but not the only way. The UK GDPR provides a number of bases for sharing personal information.

It is not necessary to seek consent to share information for the purposes of safeguarding and promoting the welfare of a child as this is part of the Public Task.

Particular care must be exercised by all agencies in contact with children and families moving across boundaries to collect and share accurate information e.g.

• Ensuring that all forenames and surnames used by the family are provided, and clarification is obtained about the correct spelling
• Ensuring that accurate dates of birth are obtained for all household members, where at all possible
• Obtaining the previous full addresses, and earlier addresses within the last 2 years
• Clarifying relationships between the child(ren) and other household members, if possible, with documentary evidence
• Asking the child/family with which statutory or voluntary organisations they are receiving support from.

Professionals in Originating Authorities must ensure that their counterparts in the Receiving Authority have been sent a copy of all relevant records at the time of any transfer request.

Professionals in Receiving Authorities must ensure that they request relevant records from their counterparts in Originating Authorities when notified of the move.

Professionals in Receiving Authorities must ensure that they request relevant records from their counterparts in Originating Authorities when notified of the move.

You can read more about good information sharing in the pan Sussex Information Sharing Guidance

If there are any disputes about the acceptance or transfer of cases, these should be resolved by managers and escalated through the management structure as necessary. Where disputes cannot be resolved the Pan Sussex Escalation Policy should be followed. The principal of the needs of the child being paramount is important here and disputes should not cause unnecessary delay.

Co-parenting arrangements

Where there is a co-parenting arrangement (however imbalanced) across two different local authority areas, the professionals in the two areas should jointly plan for the child's safety. This will include an assessment of the child's needs in both locations and an assessment of both parents. The Local Authority where the child is classed as having their main residence will be the responsible Local Authority.

Children who go missing

Where a local authority places a child in another local authority area who then goes missing the Missing Episode should be processed by the local authority area where the child is residing. In this regard the lead authority for processing missing episodes should be where the child is currently residing. There should be liaison between the two local authorities to agree which agency is best placed to complete the Return Home Interview, working on the basis that it is best practice for the interview to be conducted by the allocated social worker who knows the child. A record of the completed interview should be shared with the local authority in which the child resides and the respective Police force. The local authority with responsibility for the child should also share any updating actions to reduce likelihood of further missing episodes.

Child/ren (with or without carers) from outside the UK

 The following applies to all children moving into the Local Authority from outside the UK, whether unaccompanied, with their family/relatives or with other adults (see also Children from abroad) 

Responsibility for Recognition of Child in Need

 All agencies that come into contact with the child must consider their welfare and whether or not they might be a Child in Need and justify a referral to Children's Social Care  - Making a referral 

The agencies include:

• UK Visas and Immigration (UKVI);
• Refugee council;
• Housing services;
• Health services;
• Education services;
• Children's Social Care.

See also Child victims of modern slavery  

Assessment

Children's Social Care receiving the referral must undertake an Assessment of any child who appears to be a Child in Need in accordance with the Children Act 1989.

 They should notify local Health Services and the Education Welfare Services of such a child.

As part of the Assessment, social workers should ensure that they:

• Use an interpreter if required
• See the child alone, where possible
• Obtain a full history of the child/children and carers including place of birth, date of birth, relationships, where the child has been living with addresses and any significant events
• Obtain records from other agencies in this country
• Consider the possibility of obtaining information and/or records from abroad, including the use of Children and Families Across Borders (CFAB), Red Cross), unless initial enquiries suggest that this may create or exacerbate danger for the child and her/his family
• Understand what significant events have occurred in the child's life, the impact of these and any consequent therapeutic needs of the child.

Professionals from such agencies as health, social care services or the police should request this information from their equivalent agencies in the country/countries in which the child has lived. Information about who to contact can be obtained via the Foreign and Commonwealth Office or the appropriate embassy or Consulate based in London.

Information regarding children who meet the criteria outlined at the beginning of this procedure must be transferred between health trusts in a timely and appropriate manner. If a child is on a Child Protection Plan, or there is a relevant court order, or they are on a child in need plan, the records or information should be transferred directly to the office of the designated/named professional in the relevant trust.

The responsible worker/trust/department in the Receiving Authority should be notified at the earliest opportunity of the family's move. Colleagues in other agencies and health trusts who have contact with the family should be informed of the move and given up to date information.  Practitioners from the Originating Authority may be asked to provide a report or attend a Transfer Conference, this should be discussed, and an agreement reached regarding a response that best meets the needs of the child/family.

In all other circumstances, information should be shared following normal information-sharing agreements.

Children who need a paediatric assessment should be seen at a site that meets both the needs of the child and the service. It is essential that there be a discussion with the paediatrician before the Assessment to agree on appropriate action.

Any information relating to a child that meets the criteria described at the beginning of this procedure must be transferred between schools or other education settings in a timely and appropriate manner. If a child is on a Child Protection Plan or they are subject to a court order, or they are a Chid in Need– the child's academic and all other records must be transferred to the named school and, if other education services are to be provided, in the first instance the senior area attendance officer. Depending on the admission arrangements, contact should be made with the relevant admission service to ensure the child is registered at an appropriate school immediately. If it becomes known that a child has moved into an authority without a recent education history the child must be tracked through the 'DFE school 2 school' service.