Amendments

In December 2024, this chapter was refreshed.

In December 2024, information was added in relation to Ofsted and CQC Joint Registration Guidance: Children’s Homes and Health Care.

In December 2024, links to sources of further information were updated.

In December 2024, updates were made to reflect the Homelessness Code of Guidance - Chapter 22: Care Leavers (updated 3 May 2024) which sets out the expectation that authorities should have in place joint protocols which clearly outline jointly held corporate parenting responsibilities for care leavers. See Section 8, Joint Housing Protocols for Care Leavers.

This chapter was added in December 2024.

This chapter was added in December 2024.

In December 2024, this chapter was refreshed.

In December 2024, information on Ofsted checks was added in to Section 5, Checks and References.

In December 2024, a link was added to Ofsted and CQC Joint Registration Guidance: Children’s Homes and Health Care.

Section 4.2, Procedural Fairness was updated in December 2024 in line with case-law.

In December 2024, information was added to Section 3, Stage One-The Pre-Assessment Process, with details on how to request information about an applicant from Ofsted.

Section 15.1, Registering an appeal with the First-tier Tribunal (Special Educational Needs (SEN) and Disability) was updated in December 2024 in line with case law.

In June 2024, amendments were made in line with Working Together to Safeguard Children, to note that notifications should be made of the death of a care leaver up to and including the age of 24.

In June 2024, amendments were made in line with Working Together to Safeguard Children to note that notifications should be made of the death of a care leaver up to and including the age of 24.

In June 2024, amendments were made in line with Working Together to Safeguard Children, to note that notifications should be made of the death of a care leaver up to and including the age of 24.

In June 2024, this chapter was updated throughout to reflect revised Working Together to Safeguard Children Statutory Guidance.

In June 2024, a link to BASW Age Assessment Practice Guidance was added into Section 4, Age Assessment. A link to Operation Innerste Process: Caseworker Guidance was added into Further Information.

Section 15, Resolving Disagreements was updated in June 2024 to include information on Guidance: Carry Out an Order in Special Educational Needs Cases. And to include information from Special Educational Needs and Disability: Improving Local Authority Decision Making - Report of the Administrative Justice Council’s Working Group on Special Educational Needs and Disability.

In June 2024, this chapter was updated throughout to reflect revised Working Together to Safeguard Children Statutory Guidance.

In June 2024, amendments were made in line with Working Together to Safeguard Children, to note that notifications should be made of the death of a care leaver up to and including the age of 24.

This chapter was refreshed in June 2024.

In June 2024, information was added in relation to family group decision-making in line with the Children's Social Care National Framework and Working Together to Safeguard Children.

In June 2024, amendments were made in line with the revised Working Together to Safeguard Children.

In June 2024, amendments were made in line with Working Together to Safeguard Children Statutory Guidance.

Section 10, Use of Inherent Jurisdiction to Authorise a Placement Involving a Deprivation of Liberty was updated throughout in June 2024 in line with Revised Practice Guidance on the Court’s Approach to Unregistered Placements (October 2023) and Revised National Listing Protocol for Applications that Seek Deprivation of Liberty Orders Relating to Children under the Inherent Jurisdiction.

This chapter was added in June 2024.

This chapter was refreshed in June 2024.

Section 2, Ordinary Residence was updated in June 2024 in line with case law.

In June 2024, this chapter was updated to reflect Championing Kinship Care: The National Kinship Care strategy. Section 4, Different Situations whereby Children may be Living with Family and Friend Carers was also updated to include information about Ukrainian children being cared for by family and friends in the UK.

Section 3, Section 20 Accommodation was updated in December 2023 in line with case-law.

In December 2023, this chapter was refreshed throughout.

In December 2023, information was added into Section 4, Care Orders and Supervisions Orders on a Care Plan of the Child Remaining at Home in relation to Supervision Orders, in line with Public Law Working Group (PLWG) Recommendations to Achieve Best Practice in the Child Protection and Family Justice Systems: Supervision Orders.

This chapter was amended in December 2023 to note that with effect from 1 April 2023, the leaving care allowance increased from £2,000 to £3,000.

In December 2023, this chapter was refreshed throughout.

Section 10, Use of Inherent Jurisdiction to Authorise a Placement Involving a Deprivation of Liberty was updated in December 2023 to include information from 'Guidance - Placing Children: Deprivation of Liberty Orders - guidance for providers, social workers and placement commissioners on placing children, subject to a deprivation of liberty order (DoL), in unregistered settings' and 'President of the Family Division Practice Guidance: Placements in Unregistered Children's Homes in England or Unregistered Care Home Services in Wales'.

In December 2023, additional information was added about online safety.

In December 2023, this chapter was updated to include information from 'Guidance - Placing Children: Deprivation of Liberty Orders - guidance for providers, social workers and placement commissioners on placing children, subject to a deprivation of liberty order (DoL)', in unregistered settings and 'President of the Family Division Practice Guidance: Placements in Unregistered Children’s Homes in England or Unregistered Care Home Services in Wales'.

This chapter was updated in December 2023. Information in relation to the National Age Assessment Board was added into Section 4, Assessment.

This chapter was updated in December 2023. Information in relation to timing of assessments was added into Section 6.2, Special Guardianship Applications in Care Proceedings.

In December 2023, amendments were made to reflect case-law in relation to assessing legal capacity.

Section 5.2.5, Providing Support was updated in December 2023 to reflect the Home Office increase in financial support to individuals waiting to find out if they will be given asylum in the UK.

This chapter was updated in December 2023. Information in relation to legal aid for foster carers and prospective adoptive parents in First Tier Tribunal appeals was added into Section 15, Resolving Disagreements.

In December 2023, this chapter was refreshed and a link was added to National Early Permanence Practice Standards (Coram Centre for Early Permanence).

In June 2023, this chapter was updated to include information from Guidance: Area SEND Inspections Framework and Handbook (November 2022). 

Section 8, Court Hearings was updated in June 2023 in line with A View From the President’s Chambers: Relaunching the PLO (November 2022), and that section should be re-read.

In Relevant Guidance, a link was added to 'Pre-proceedings and Family Justice Hub (Research in Practice)'.

In June 2023, this chapter was updated to include information from the 'UK Social Work Practice in Safeguarding Disabled Children and Young People Report'.

This chapter was revised in June 2023 to include information from the revised Ofsted inspection framework.

In June 2023, information in relation to allergies was added into Section 6 Diet, Nutrition and Allergies.

This chapter was amended in June 2023 to reflect that the Marriage and Civil Partnership (Minimum Age) Act 2022 raised the age of marriage and civil partnership to 18 in England and Wales, with effect from 26 February 2023. 

In June 2023, a link to 'Culturally Appropriate Care (Skills for Care)' was added into Further Information.

In June 2023, this chapter was amended in line with revised Keeping Children Safe in Education. A new Section 2, The Difference Between an Allegation of Harm and a Concern was also added.

In June 2023, a link to 'Council Guide to Tackling Modern Slavery (Local Government Association)' was added into Further Information.

In June 2023, this chapter was amended in line with revised Keeping Children Safe in Education. A new Section 2, The Difference Between an Allegation of Harm and a Concern was also added.

In June 2023, this chapter was amended to include information from Annex to MOJ Circular 2022/03: Additional Information on Remand to Local Authority Accommodation (RLAA).

In June 2023, information in relation to allergies was added into Section 4, Health Plans.