1. The care process and the role of the local authority Mike Ferguson Principal Manager, Children Looked After and Leaving Care 020 8891 7679 m.ferguson@richmond.gov.uk m.ferguson@richmond.gov.uk

2. Children Act 1989  Came into effect in October 1991  Brought together much previous legislation into a coherent whole  Guiding principle – ‘the welfare of the child is paramount’  Introduced the concept of Parental Responsibility

3. Parental Responsibility (PR)  ‘all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property’  cannot be lost unless a child is adopted

4. Who has Parental Responsibility?  Mothers always have PR  Fathers have it if:  They are married to the mother when the child is born  They jointly register the birth (since 1 Dec 2003)  The make a PR agreement with the mother  A Court makes an Order giving them PR

5. Local Authorities and PR - 1  Local Authorities acquire PR when a Court makes an Interim or Full Care Order (s38 and s31, Children Act 1989)  This allows LAs to make decisions about a child’s health and education etc., even against parents’ wishes (though parents will be consulted – they haven’t lost PR)

6. Local Authorities and PR - 2  Local Authorities do not acquire PR when a child is ‘accommodated’ (s20, Children Act 1989)  This is a voluntary arrangement between the LA and the parent(s), and parent(s) retain the authority to make decisions about health and education etc.

7. PR – What it means for schools  It’s important to know what a child’s legal status is (i.e. who has PR). This affects things like:  Who should come to parents’ evenings  Who can agree to a child going on school trips  Who can collect children from school  Who should get copies of reports, letters etc.  Broadly speaking, decisions are made by the Local Authority when there is a Care Order, and by parents when children are ‘accommodated’  But check with the child’s social worker!

8. Processes for Looked After Children  Looked After Reviews  A month after becoming Looked After, then after another three months, then every six months  Personal Education Plans  In Richmond, twice a year  Health Assessments  Annually (twice a year if under five)

9. The role of schools in LAC processes  Looked After Reviews  Education information should be available and will be discussed, though schools do not always attend the meeting  Personal Education Plans  Schools are vital!  Health Assessments  School nurses should be involved

10. Points to note  It’s important to know a child’s legal status  If in doubt, speak to the child’s social worker