Children and Families Moving Across Local Authority Boundaries or Abroad

At any stage in the process of working with children and their families, the parents and/or the child/children may move from one household to another, on either a permanent or temporary basis. This could result in a change of address outside the original local authority area.

Even where a move is planned, all practitioners should be particularly alert to the importance of sharing information with relevant practitioners and workers when a child moves from one local authority into another, due to the risk that knowledge pertinent to keeping a child safe could be lost.

In some circumstances, however, the move may take place in haste or even as a deliberate attempt to avoid the involvement of practitioners and agencies. Where this is the case, the agencies involved with the family must always consider the impact of the move on the child/children, including whether it increases the likelihood of the child suffering harm.

Local agencies and professionals should bear in mind when working with children and families where there are outstanding concerns about the children's safety and welfare, including where the concerns are about an unborn child who may be likely to suffer Significant Harm, that a series of missed appointments may indicate that the family has moved out of the area or overseas. Children's Social Care and the police should be informed immediately when such concerns arise.

Where children move to a new address - either within the same local authority area or into another local authority area - and there are concerns about the welfare of the children such that it is considered a multi agency strategy meeting may be required, the local authority for the last known address must make every effort to locate the children and complete the Section 47 Enquiry or make the current local authority aware of their concerns to enable them to make a decision as to what future action may be required. 

Frequent movers can find it difficult to access the services they need. For those already socially excluded, moving frequently can worsen the effects of their exclusion.  Practitioners in all agencies should be alert to the possibility that a child or family who has recently moved into their area may not be in receipt of universal services. Practitioners should therefore engage with the family in order to link them into local universal services, for example:

• Seeking information about the child / family (full names, dates of birth, previous address, GP's name, if attending any school, name of the Health Visitor etc.):
  
  For this purpose, practitioners should:
  • Ensure that all forenames and surnames used by the family are provided, and clarification is obtained about the correct spelling;
  • Gain full details of the child’s parents; their names, dates of birth and their current address/ whereabouts;
  • Confirm the details of all household members including names and dates of birth;
  • Clarify relationships between the child and other household members, if possible with documentary evidence;
  • Obtain details of any other siblings living outside of the home and their parent’s/ care giver;
  • Obtain the previous full addresses (including those in other local authority areas);
  • Ask the child / family with which statutory or voluntary organisations they are in contact.
• Providing information about relevant services;
• Following up to ensure that the family has managed to make contact and register with a local GP, Health Visitor, school and other relevant services to which the child/family is entitled;
• Engaging appropriately with relevant agencies as required.

The move may be temporary or permanent. If the parent/care giver is not prepared to give information or take advice, the original and receiving authority should assume the move is permanent and act accordingly. Uncertainty about whether the move is permanent or temporary should not be allowed to cause a delay in the transfer of the case to services in the new area.

Work with children and their families may be taking place in the context of a Section 47 Enquiry which may be in progress when the child/children and family moves to another local authority area.

Each agency will have internal procedures which set out how information about children and families is provided to another local authority/health service/education service/police force area when a child or family moves.

Where a child moves across local authority boundaries, and a Section 47 Enquiry is being considered or is in progress and/or an Initial or Review Child Protection Conference (see Child Protection Conferences Procedure) is proposed but has not yet taken place, it is the responsibility of the local authority where the concerns originated to make decisions as to how to proceed.

It is good practice and normally advisable that assessments and planned pieces of work are concluded before a transfer of case responsibility takes place, where it is possible to do so.

In these circumstances, where the originating authority has already held a strategy meeting and triggered a s47 enquiry, they must continue with the Section 47 Enquiry and should convene a review Strategy Discussion/Meeting upon its’ conclusion - this will usually take place within 24 hours of notification of the child's move. However, the timescales may be different depending on the individual circumstances e.g. the geographical proximity of the two areas and/or the gravity of the situation. In all circumstances, however, the Strategy Discussion/Meeting will always involve representatives of both the originating and the receiving authority and their respective roles and responsibilities will be agreed. The Strategy Discussion/Meeting should consider how the timescales for the completion of the Section 47 Enquiry and holding of the Child Protection Conference (if appropriate) will be met. In any case, the social worker from the originating authority will attend and provide a report for the Child Protection Conference.

Where there are any professional disagreements about any of the planned actions, these should be referred to the relevant senior managers in the two authorities for their agreement. Any such agreement must be in writing and circulated to all the professionals involved. If the professional differences remain unresolved, the Resolving Professional Difference of Opinion and Escalation Procedure should be followed.

As soon as the originating authority becomes aware of the child's move to a new area, the following action should be taken:

The child's social worker will:

• Notify Children's Social Care in the receiving authority of the change in the child's circumstances within 1 working day of becoming aware of the move;
• Send the child's relevant personal details to Children's Social Care in the receiving authority;
• Inform their line manager of the change;
• Inform any other agencies working with the family of the change in circumstances and ask them to inform their colleagues in the new area;
• Continue to complete the Section 47 enquiry and provide the receiving authority with a verbal report on the outcome of the Section 47 enquiries on the day that the enquiries are completed, and confirm this in writing within 48 hours;
• Attend any handover meetings in the receiving authority.

The social worker's line manager will:

• Ensure that all information is updated and the correct address is displayed on the child's electronic record;
• Inform the relevant team manager in the receiving authority of the current details and forward any relevant documentation such as copies of the most recent plans and/or a summary of the assessment so far;
• Agree any need for urgent action and, if urgent action is required, agree which local authority will take such action;
• Agree next steps in relation to the convening of a Strategy Discussion/ completion of the Section 47 Enquiry/holding of the Child Protection Conference (as appropriate) within 24 hours;
• Discuss with the relevant team manager in the receiving authority at what stage responsibility for the child should be transferred.

Particular care and attention must be paid where the family has a history of moving between areas and the timing of their moves appears to suggest that they are seeking to avoid the child protection process. In cases such as these a clear timeline of the family's moves should be provided to the receiving local authority.

If children and families about whom there are concerns move and cannot be contacted, this in itself will heighten such concerns and lead professionals to consider that the child/ren may have suffered, or are likely to suffer, Significant Harm.

In such circumstances the agencies involved must share information with one another so that every effort is made to locate the child/children. The responsibility for the family will remain with the local authority for the area of the child's last known address.

Where a child who is the subject of a Child Protection Plan moves abroad whether planned or unplanned the Lead Social Worker and Conference Chair should consider whether to reconvene a Review Conference or Core Group to determine what action to take. Appropriate steps should be taken to inform the relevant local and overseas authorities in the country to which the child has moved of any concerns.

Any notifications should include a multi-agency risk assessment regarding the sharing of information depending on the country the child has moved to as there is potential to increased risk to a child in some countries. If concerned, contact the UK Foreign & Commonwealth Office for advice (details at the bottom of this section).

Where it appears that a child, who has outstanding child protection concerns about their safety and welfare, may be removed from the UK by their family in order to avoid the involvement of agencies with safeguarding responsibilities, consideration needs to be given to appropriate legal interventions. This also applies when a child, who is subject to a Care Order, has been removed from the UK. Children's Social Care,  Police (Child Abuse Investigation Unit ) and the International Child Abduction and Contact Unit should be informed immediately.

In the case of children taken overseas it may be appropriate to contact the Consular Directorate at the Foreign and Commonwealth Office (FCO) which offers assistance to British nationals in distress overseas (020 7008 5000), fcdo.correspondence@fcdo.gov.uk. The FCO may be able to follow up a case through their consular post(s) in the country concerned.

The 1996 Hague Convention (implemented in the UK on 1 November 2012) provides an agreed set of legal provisions and cooperation arrangements to cover the handling of cross-border cases where children's safety or welfare may be an issue.

The Convention applies to situations where contracting states need to cooperate over child protection and welfare cases when there is an international dimension. This can include Care Proceedings, contact cases and foster placements abroad.

Non-statutory advice from the Department for Education is designed to help local authorities when dealing with cross-border child protection cases (Cross-border child protection cases: the 1996 Hague Convention). The advice sets out the key steps that local authorities can take to:

• Ask for help or essential information from authorities abroad;
• Respond to requests put to them by authorities abroad.

This advice is distinct from Department for Education guidance that already exists on the other main types of cross-border cases: inter-country adoption and child abduction.

Best Practice for Children moving between local authorities where a referral has been made but the child has moved before an assessment has been completed and there is concern that the child’s health or development might be impaired without the provision of support.

This may include children who are subject to a statutory assessment or those that have had a statutory assessment and recently closed children who are open to early help or families that have declined or withdrawn from consent based statutory intervention in the original area.

When a child or children move between local authorities the recommended best practice is as follows;

• The local authority that is making the referral to another Berkshire local authority children services will
  • Follow the process for making the referral as guided by the receiving local authority. This should include relevant documentation being sent alongside the referral which should include a full chronology for the child and their siblings and the most recent assessment. The referring authority will follow up with the receiving local authority with a telephone call to enable there to be an opportunity to mutually clarify any information and share any additional details. This conversation should be recorded on each local authority’s database/ ICS;
  • Should there be disagreement as to how to proceed, the children’s social work teams should seek advice and support from senior managers who should work collaboratively with their relevant counterpart to resolve this disagreement, ensuring the child and family needs and the children’s welfare remain the focus of subsequent discussions and decisions.

It is best practice that Parents/Care givers with Parental Responsibility should be notified that a referral is being made to the new authority in which they are residing; If the child is of an appropriate age, they too should be notified. If a parent/care giver raises concerns about a receiving authority being notified, steps should be taken to explain why a referral is to be made for the child; should they object to a referral, the practitioner alongside their manager should consider whether the referral is necessary. If the referral is necessary on safeguarding grounds, they should proceed with making the referral, outline why consent has not been gained and notify the parent of the reasons for the decision. Refer to the DFE information sharing guidance here: Information sharing advice for safeguarding practitioners.

Both the referring and receiving local authorities should refer to the Trix information sharing chapter and if necessary, refer to the information sharing guidance in Working Together to Safeguarding Children.

1. Background

In most situations the local authority which has responsibility to provide services for a child will be the local authority within which the child is, or as per the wording of the Children Act 1989, where the child is 'found'. This will apply even if the child does not normally reside in the area of the local authority where he/she is when the responsibility arises.

Children and young people, especially those assessed to be in need or at risk, are likely to be even more vulnerable because of homelessness and the dislocation that may occur as a result of moving between local authority areas. 

All reasonable efforts should be made to house children who are subject of a child protection enquiry, assessment of need, child protection plan or child in need plan within their local area unless a move is part of the child protection or child in need plan. This applies to both temporary and permanent housing provision. In most cases, this will minimize the disruption and mean that professional networks can be maintained. The safeguarding partnership should oversee the development of such a protocol for keeping children in the local area between relevant partner agencies.

In particular, this will apply to the following sections of the Children Act:

• Section 17 - duties to safeguard and promote the welfare of children who are in need by providing an appropriate range and level of services;
• Section 18 - duties to provide day care for children in need aged under 5 and not attending school as is appropriate;
• Section 20 - duties to provide accommodation for children in need who have no one with parental responsibility able or willing to care for them;
• Section 24 - duties to advise, assist and befriend a child or young person, aged under 21 who is or has been: looked after by any local authority; accommodated by a voluntary organisation; accommodated in a registered children's home; accommodated by a health or education authority, or in a residential care home or nursing home for three months; or privately fostered, at any time after their sixteenth birthday.

Certain sections of the Children Act give responsibility in particular circumstances. The main ones are:

• Section 31 - apply for and be designated in care proceedings with regard to children who are likely to be suffering harm. Whilst any local authority can apply for an order under s.31, a care order (or interim care order) should designate a local authority which must be a) the authority within whose area the child is ordinarily resident; or b) where the child does not reside in the area of a local authority, the authority within whose area any circumstances arose in consequence of which the order was made (s.31(8) CA 1989);
• Section 33 - duties to receive into care children for whom it is designated in care proceedings;
• Section 35 - duties to advise, assist and befriend children for whom it is designated in supervision proceedings. The designated authority will be the authority in whose area the child lives or will live, or any other authority who agrees to be designated in the supervision order (Schedule 3 Paragraph 9 (1) CA 1989);
• Section 47 - duties to make enquiries with children suffering or likely to suffer significant harm and to decide whether to take any action to safeguard or promote their welfare. This responsibility falls to the local authority where the child lives or is found;
• Section 14A - duties to investigate upon receipt of a written notice of intention from an individual to make an application for a special guardianship order. If the child in question is being looked after by an authority, that is the relevant authority. Otherwise it will be the authority in which the individual is ordinarily resident (s.14A (7)and (8)).

This list is not intended to be an exhaustive list of all local authority duties relating to children in their area. However it does indicate the main duties and those where there may be some question as to which local authority is responsible.

Regardless of the reasons or circumstances of families moving between local authority areas, the Children Act 1989 says that the responsibility for safeguarding and promoting the welfare of such children lies (Section 17 and Section 47): it is with the local authority responsible for the area in which the child lives or is found, i.e. where they are at the time that a concern may arise, which will normally be where they are living. Under both Section 17 and Section 47 of the Children Act 1989, local authorities have a duty to facilitate support or, where appropriate, consider relocation to the child's originating authority as part of an assessment. It is neither reasonable nor in the best interests of the child(ren) to withhold support-particularly under Section 17, which often involves an assessment-unless there is clear, evidenced justification that the originating authority is able and prepared to provide the necessary support.

If this cannot be ascertained within MASH timeframes, the outcome should be in line with that of a child residing in the area where found, and ongoing dialogue with potential authorities to be considered as part of an assessment. The Act is explicit in stating that responsibility lies with the authority where the child is 'found', meaning that services should be initiated promptly upon referral, where appropriate. Jurisdictional disputes or disagreements between authorities can delay or obstruct the provision of timely support, thereby undermining efforts to safeguard and promote the welfare of children and their families. However, case responsibility should remain with the authority in who's area they previously resided for a short period of time in specific circumstances, i.e. where the child is already the subject of a protection or where an assessment (S17 or S47) has already commenced but is yet to be completed. Looked after children will always remain the responsibility of their originating authority.

When concerns arise regarding the welfare of an unborn child, the responsibility for conducting a pre-birth assessment lies with the local authority in which the pregnant woman is residing at the time the concern is first identified. This authority retains responsibility for the assessment until it is completed. Should the pregnant woman relocate during this period, responsibility may then transfer to the new local authority.

In cases where the pregnant woman is homeless, the local authority where the concern is initially identified-typically through the registration for antenatal care-assumes responsibility for the pre-birth assessment. If a woman who has experienced homelessness is subsequently remanded into custody, the responsibility for the assessment transfers to the local authority in the area where the custodial establishment is located.

In situations where a pregnant woman has moved, or is expected to move, frequently between local authority areas-defined as more than twice for short durations (less than four weeks each)-it is considered good practice for the originating authority (i.e. the authority where the concern was first identified) to retain case responsibility. This responsibility should continue until the woman has settled, meaning she has been placed in accommodation expected to last longer than four weeks. This approach helps ensure continuity in safeguarding arrangements for the unborn child.

2. Guidance

In most cases the test of 'ordinarily resident' will be easy to determine and will suffice in determining responsibility. It will simply be a case of establishing where the child usually lives, which will in turn in most cases be the address of his parents or those with parental responsibility. If the parent has changed address shortly before the required intervention it is unlike that he/she (or consequently the child) will have changed their ordinarily resident status just my moving. Case law indicates that 'ordinarily resident' means the same as 'habitually resident' and to change the area in which they ordinarily reside there needs to be evidence of passage of time (probably several months) and an intention to permanently settle in the area (e.g. registering with a local GP, applying for a council tenancy).

Where the child is abandoned, that is where there is, or appears to be, no one with parental responsibility able to care for the child, then responsibility rests with the local authority within  whose area the child is found.

Where it is that the child is 'ordinarily resident' in another local authority area and accommodation has been provided under Section 20, then the other local authority may subsequently take over responsibility for the child.

Problems are likely to arise where those with parental responsibility live in different local authority areas or move to a differing local authority area after the service is provided. This may be further exacerbated if the actual service provided is within the area of a third local authority.

In all cases the test of ordinary residence is clarified by s.105 (6) Children Act. This states that when considering whether a child is ordinarily resident in an area you should disregard any periods where the child resided in a school or institution, in a place under a Supervision Order requirement, or when he was accommodated by or on behalf of a local authority".

Similarly, this is implied by Section 24(5) of the National Assistance Act, 1948 in relation to residential accommodation, namely: "where a person is provided with residential accommodation, he shall be deemed to be ordinarily resident in the area in which he was ordinarily resident immediately before the residential accommodation was provided for him".

In certain cases involving care proceedings, where a child is not 'ordinarily resident' in any local authority area, the court may make the Care Order to the local authority within whose area the circumstances giving rise to the care proceedings first arose.

Guidance on the provision of services

Services to children who are clearly 'ordinarily resident' in a different local authority to Reading and are able to return to that local authority area (e.g. following police investigation; without finance or means of travel) should be offered a service to enable them to return to their own local authority area.

However, discussion should take place with the local authority concerned prior to the service being provided and wherever possible agreement being reached to reimburse the costs of any service provided (e.g. rail warrant) and to assume responsibility for the provision of any further service. Where this occurs out of hours, Emergency Duty Team (EDT) should negotiate with the EDT or similar service of the home authority.

In certain situations-such as when children arrive from other countries-it may not be possible to identify another local authority where the child is ordinarily resident. In these cases, Reading may need to take full responsibility for the child, even if the long-term goal is to return the child to their country of origin.

Local authorities have a clear duty under Section 24 to prepare children for leaving care and to continue supporting them afterward. However, the responsibility for providing aftercare lies with the local authority where the young person is currently living. Case law indicates that this responsibility does not automatically revert to the authority that previously looked after the child. Instead, it primarily rests with the authority in whose area the young person now resides-even if they were originally placed there by another authority. For example, if a 16-year-old was placed in Reading by another authority and later chooses to remain in Reading, Reading may become responsible for their aftercare if the original authority declines to take on that role.

It is always best practice to prioritize the delivery of services over resolving which authority holds responsibility. If an assessment identifies an immediate need for intervention, services should be provided without delay, regardless of any ongoing disputes over responsibility. The child's welfare must always come first.