Children and Young Persons Bill [HL]

In determining the appropriate level of support for each child, we should not have a single, automatic response to cover all situations and, in particular, we must be careful not to undermine the voice of the parent in cases where a child is placed away from home. We need a flexible legal framework for the provision of services in a way that is capable of responding to individual need and of being adapted to the particular circumstances of each family. The most effective solution is to strengthen the framework under which local authorities are notified of, monitor and supervise all children who are placed away from home, regardless of whether the placement is for educational, health or other reasons. Under Clauses 15 and 16, there will be an improved regime of arrangements for placing authorities to notify the local authority concerned of the placement of a child in long-term residential accommodation. More significantly, they introduce the requirement for the local authority in which the child is ordinarily resident to visit and maintain contact with the child for as long as the placement lasts. This will mean that the child will be subject to regular visits by a representative of the local authority and will ensure that a child’s needs are met, not just at the point of placement but in the event of any change of circumstance during the placement. However, we remain of the view that where the local authority is involved in the placement decision and is contributing to the funding of a child placed away from home, the child should normally be looked after. Only in cases where, having undertaken an assessment of need, the local authority is satisfied that there is a high ongoing level of parental support for the child, do we believe that looked-after status should not apply. This position is already set out in guidance, but we intend to set it out further in statutory guidance.