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282 <h2>
282 Permanence Planning Guidance
282 </h2>
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287 <div id="scope_box">
288 <h3>
288 RELATED CHAPTER
288 </h3>
289 <p>
289 <a href="p_foster_for_adopt.html">
289 Fostering for Adoption, Concurrent Planning and Temporary Approval as Foster Carers of Approved
Prospective Adopters
289 </a>
289 </p>
290 <h3>
290 AMENDMENT
290 </h3>
291 <p>
291 This chapter was updated in April 2019 in line with the Children and Social Work Act 2017 and
revised statutory guidance.
291 </p>
292 <p>
292 These changes relate to the status of 'previously looked after children'. A previously Looked
After Child is one who is no longer looked after in England and Wales because they are the subject
of an Adoption, Special Guardianship or Child Arrangements Order which includes arrangements
relating to with whom the child is to live, or when the child is to live with any person, or has
been adopted from 'state care' outside England and Wales.
292 </p>
293 <p>
293 Children subject to a Adoption, Special Guardianship or Child Arrangements Order are entitled to
support from their school, through the designated teacher.
293 </p>
294 </div>
295 <div id="sections">
297 <h3 id="sections_list">
297 Contents
297 </h3>
298 <ol>
299 <li class="sub_list">
299 <a href="#defining_perm">
299 Defining Permanence
299 </a>
299 </li>
300 <li class="sub_list">
300 <a href="#key_objectives">
300 Key Objectives in Permanence Planning
300 </a>
300 </li>
301 <li class="sub_list">
301 <a href="#options_perm">
301 Options for Permanence
301 </a>
302 <ol>
303 <li class="sub_list">
303 <a href="#staying_home">
303 Staying/Returning Home
303 </a>
303 </li>
304 <li class="sub_list">
304 <a href="#place_rel_friend">
304 Placement with Family or Friends/Connected Persons
304 </a>
304 </li>
305 <li class="sub_list">
305 <a href="#adoption">
305 Adoption
305 </a>
305 </li>
306 <li class="sub_list">
306 <a href="#foster_for_adoption">
306 Fostering for Adoption, Concurrent Planning and Temporary Approval as Foster Carers of
Approved Prospective Adopters
306 </a>
306 </li>
307 <li class="sub_list">
307 <a href="#spec_guard_ord" title="contents">
307 Special Guardianship Order
307 </a>
307 </li>
308 <li class="sub_list">
308 <a href="#ch_arr_order" title="contents">
308 Child Arrangements Orders
308 </a>
308 </li>
309 <li class="sub_list">
309 <a href="#long_term_fost">
309 Long-term Fostering
309 </a>
309 </li>
310 </ol>
311 </li>
312 <li class="sub_list">
312 <a href="#perm_local_place">
312 Permanence and Local Placement
312 </a>
312 </li>
313 <li class="sub_list">
313 <a href="#assessing_planning">
313 Assessing and Planning for Permanence
313 </a>
313 </li>
314 <li class="sub_list">
314 <a href="#good_prac">
314 Good Practice Guidance
314 </a>
314 </li>
315 <li class="remove_bullet">
315 <a href="#app_one">
315 Appendix One - Identifying Permanence Options
315 </a>
315 </li>
316 </ol>
317 <h3 id="defining_perm">
317 1. Defining Permanence
317 </h3>
318 <p>
318 Permanence is the long term plan for the child's upbringing and provides an underpinning framework
for all social work with children and their families from family support through to
adoption. It aims to ensure a framework of emotional, physical and legal conditions that will
give a child a sense of security, continuity, commitment, identity and belonging.
318 </p>
319 <h3 id="key_objectives">
319 2. Key Objectives in Permanence Planning
319 </h3>
320 <p>
320 The objective of planning for permanence is to ensure that children have a secure, stable and
loving family to support them through childhood and beyond and to give them a sense of security,
continuity, commitment, identity and belonging. It is also important to remember that older
children and young people also need to achieve permanence in their lives although they may not
wish (for a variety of reasons) to be in a foster home or to be adopted. For example, they may
prefer to live in a children's home where they can also achieve a sense of security and belonging.
320 </p>
321 <p>
321 The question "how are the child's permanence needs being met?" must be at the core of
everything we do.
321 </p>
322 <p>
322 Where it is necessary for a child to leave their family:
322 </p>
323 <ul>
324 <li>
324 This should be for as short a time as is required to secure a safe, supported return home; or
324 </li>
325 <li>
325 If a child cannot return home, plans must be made for alternative permanent care. Family members
and friends should always be considered in the first instance with the permanence secured
through the appropriate legal order to meet the child's needs;
325 </li>
326 <li>
326 Where it is not in the child's best interests to live within the family network, it will usually
be in the interests of the child for alternative permanent carers to be identified and the
placement secured through adoption, long term foster care, Child Arrangements Orders or Special
Guardianship Orders;
326 </li>
327 <li>
327 Residential group living is provided only when a need for this is identified within the Care
Plan and when substitute family care is not appropriate;
327 </li>
328 <li>
328 For older children arranging for their independent living must be considered.
328 </li>
329 </ul>
330 <p>
330 Where it is clear that families and children are unable to live together, planning must be swift
and clear to identify permanent alternative settings.
330 </p>
331 <p>
331 Wherever possible, care should be provided locally unless clearly identified as inappropriate.
331 </p>
332 <p>
332 Contact with the family, Connected Persons and extended family should be facilitated and built on
(unless clearly identified as inappropriate).
332 </p>
333 <p>
333 The professionals involved will work in partnership with parents/families. The wishes and feelings
of the child will be taken into account. The older and more mature the child, the greater the
weight should be given to their wishes.
333 </p>
334 <p>
334 Whilst it is important, when undertaking permanence planning, to promote the child's links with
their racial, cultural and religious heritage, this should not be allowed to introduce delay in
achieving permanence for the child. Note that due consideration no longer has to be given to a
child's religious persuasion, racial origin and cultural and linguistic background when matching a
child and prospective adopters.
334 </p>
335 <p>
335 (See also
335 <a href="#assessing_planning">
335 Section 5, Assessing and Planning for Permanence
335 </a>
335 .)
335 </p>
336 <h3 id="options_perm">
336 3. Options for Permanence
336 </h3>
337 <p>
337 The options for permanence are:
337 </p>
338 <table class="borderless" title="section 3 contents">
339 <tr>
340 <td>
340 <p>
340 3.1
340 </p>
340 </td>
341 <td>
341 <p>
341 <a href="#staying_home">
341 Staying/Returning Home
341 </a>
341 </p>
341 </td>
342 </tr>
343 <tr>
344 <td>
344 <p>
344 3.2
344 </p>
344 </td>
345 <td>
345 <p>
345 <a href="#place_rel_friend">
345 Placement with Family or Friends/Connected Persons
345 </a>
345 </p>
345 </td>
346 </tr>
347 <tr>
348 <td>
348 <p>
348 3.3
348 </p>
348 </td>
349 <td>
349 <p>
349 <a href="#adoption">
349 Adoption
349 </a>
349 </p>
349 </td>
350 </tr>
351 <tr>
352 <td>
352 <p>
352 3.4
352 </p>
352 </td>
353 <td>
353 <p>
353 <a href="#foster_for_adoption">
353 Fostering for Adoption, Concurrent Planning and Temporary Approval as Foster Carers of
Approved Prospective Adopters
353 </a>
353 </p>
353 </td>
354 </tr>
355 <tr>
356 <td>
356 <p>
356 3.5
356 </p>
356 </td>
357 <td>
357 <p>
357 <a href="#spec_guard_ord">
357 Special Guardianship
357 </a>
357 </p>
357 </td>
358 </tr>
359 <tr>
360 <td>
360 <p>
360 3.6
360 </p>
360 </td>
361 <td>
361 <p>
361 <a href="#ch_arr_order">
361 Child Arrangements Orders
361 </a>
361 </p>
361 </td>
362 </tr>
363 <tr>
364 <td>
364 <p>
364 3.7
364 </p>
364 </td>
365 <td>
365 <p>
365 <a href="#long_term_fost">
365 Long-term Fostering
365 </a>
365 </p>
365 </td>
366 </tr>
367 </table>
368 <h4 id="staying_home">
368 3.1 Staying/Returning Home
368 </h4>
369 <p>
369 The first stage within permanence planning is work with families and children in need to support
them staying together. Staying at home offers the best chance of stability. Research shows that
family preservation has a higher success rate than reunification. This of course has to be
balanced against the risk of harm to the child.
369 </p>
370 <h4 id="place_rel_friend">
370 3.2 Placement with Family or Friends/Connected Persons
370 </h4>
371 <p>
371 If the assessment concludes that the child cannot safely remain at home, every effort must be made
to secure a placement with a family member or friend/Connected Personas their carer. This will be
either as part of the plan to work towards a return home or, if a return home is clearly not in
the child's best interests, as the preferred permanence option. It is very important to establish
at an early stage which relatives or friends might be available to care for the child, to avoid
the kind of delays that can happen during court proceedings where this work has not been done.
371 </p>
372 <h4 id="adoption">
372 3.3 Adoption
372 </h4>
373 <p>
373 See
373 <a href="p_place_adop.html">
373 Placement for Adoption Procedure
373 </a>
373 for detailed procedures.
373 </p>
374 <p>
374 Adoption transfers Parental Responsibility for the child from the birth parents and others who had
Parental Responsibility, including the local authority, permanently and solely to the adopter(s).
374 </p>
375 <p>
375 The child is deemed to be the child of the adopter(s) as if he or she had been born to them. The
child's birth certificate is changed to an adoption certificate showing the adopter(s) to be the
child's parent(s). A child who is not already a citizen of the UK acquires British citizenship if
adopted in the UK by a citizen of the UK.
375 </p>
376 <p>
376 Research strongly supports adoption as a primary consideration and as a main factor contributing
to the stability of children, especially for those under four years of age who cannot be reunified
with their birth or extended family.
376 </p>
377 <p>
377 Adopters may be supported, including financially, by the local authority and will have the right
to request an assessment for support services at any time after the Order is made. See
377 <a href="p_adop_support.html">
377 Adoption Support Procedure
377 </a>
377 for detailed procedures. A child subject to an Adoption Order will be entitled to additional
education and Early Years support. This will be accessed through the designated teacher in the
child's school/Early Years setting (for further information, see
377 <a href="p_educ_lac.html">
377 Education of Looked After and Previously Looked After Children Procedure
377 </a>
377 ).
377 </p>
378 <p>
378 Adoption has the following advantages as a Permanence Plan:
378 </p>
379 <ol style="list-style-type:lower-alpha">
380 <li>
380 Parental Responsibility is held exclusively by the carers;
380 </li>
381 <li>
381 The child is no longer Looked After;
381 </li>
382 <li>
382 No future legal challenge to overturn the Adoption Order is possible;
382 </li>
383 <li>
383 The child is a permanent family member into adulthood;
383 </li>
384 <li>
384 As a previously Looked After Child, the child is entitled to additional education support
throughout their school career.
384 </li>
385 </ol>
386 <p>
386 Adoption has the following disadvantages as a Permanence Plan:
386 </p>
387 <ol style="list-style-type:lower-alpha">
388 <li>
388 It involves a complete and permanent legal separation from the family of origin;
388 </li>
389 <li>
389 There is no review process.
389 </li>
390 </ol>
391 <p>
391 Family finding should begin as soon as adoption is under consideration, and before the Agency
Decision Maker decides that the child should be placed for adoption or a Placement Order is made.
391 </p>
392 <p>
392 See
392 <a href="local_resources.html#adoption">
392 Bexley - Has adoption been identified as the plan for your child? (Information for birth
parents)
392 </a>
392 </p>
393 <h4 id="foster_for_adoption">
393 3.4 Fostering for Adoption, Concurrent Planning and Temporary Approval as Foster Carers of
Approved Prospective Adopters
394 </h4>
395 <p>
395 The Children and Families Act 2014 imposes a
395 <span class="bold">
395 duty
395 </span>
395 to consider placements with carers who are approved as both adopters and foster carers and where a
child is placed in a fostering for adoption placement, the relationship which the child has with
the person who is a prospective adopter must be considered by the Court or Adoption Agency
alongside other relevant relationships the child has with their relatives or other persons. (See
395 <a href="https://www.legislation.gov.uk/ukpga/2017/16/section/9" target="_blank" rel="noopener">
395 s.9 Children and Social Work Act 2017 amends section s.1(f) Adoption and Children Act 2002
395 </a>
395 - (See
395 <a href="p_foster_for_adopt.html">
395 Fostering for Adoption, Concurrent Planning and Temporary Approval as Foster Carers of Approved
Prospective Adopters Procedure
395 </a>
395 ).
395 </p>
396 <h4 id="spec_guard_ord">
396 3.5 Special Guardianship Orders
396 </h4>
397 <p>
397 See
397 <a href="p_app_spec_guard.html">
397 Applications for Special Guardianship Orders Procedure
397 </a>
397 for the detailed procedures.
397 </p>
398 <p>
398 Special Guardianship addresses the needs of a significant group of children, who need a sense of
stability and security within a placement away from their parents but not the absolute legal break
with their birth family that is associated with adoption. It can also provide an alternative for
achieving permanence in families where adoption, for cultural or religious reasons, is not an
option.
398 </p>
399 <p>
399 The following persons may apply:
399 </p>
400 <ol style="list-style-type:lower-alpha">
401 <li>
401 Any guardian of the child;
401 </li>
402 <li>
402 A local authority foster carer with whom the child has lived for 1 year immediately preceding
the application;
402 </li>
403 <li>
403 Anyone who is named in a Child Arrangements Order as a person with whom the child is to live;
403 </li>
404 <li>
404 Anyone with whom the child has lived for 3 out of the last 5 years;
404 </li>
405 <li>
405 Where the child is subject of a Care Order, any person who has the consent of the local
authority;
405 </li>
406 <li>
406 Anyone who has the consent of all those with Parental Responsibility for the child (e.g. Anyone,
including the child, who has the leave of the court to apply).
407 </li>
408 </ol>
409 <p>
409 The parents of a child may not become the child's special guardians.
409 </p>
410 <p>
410 Special Guardianship Orders offer greater stability and security to a placement than Child
Arrangements Orders in that, whilst they are revocable, there are restrictions on those who may
apply to discharge the Order and the leave of the Court, if required, will only be granted where
circumstances have changed since the Special Guardianship Order was made.
410 </p>
411 <p>
411 Special guardians will have Parental Responsibility for the child and although this will be shared
with the child's parents, the special guardian will have the legal right to make all day to day
arrangements for the child. The parents will still have to be consulted and their consent required
to the child's change of name, adoption, placement abroad for more than 3 months and any other
such fundamental issues.
411 </p>
412 <p>
412 A Special Guardianship Order made in relation to a child who is the subject of a Care Order will
automatically discharge the Care Order and the local authority will no longer have Parental
Responsibility.
412 </p>
413 <p>
413 Special guardians may be supported financially or otherwise by the local authority and, as with
adoptive parents, will have the right to request an assessment for support services at any time
after the Order is made.
413 </p>
414 <p>
414 Special Guardianship has the following advantages as a Permanence Plan:
414 </p>
415 <ol style="list-style-type:lower-alpha">
416 <li>
416 The carers have Parental Responsibility and clear authority to make decisions on day to day
issues regarding the child's care;
416 </li>
417 <li>
417 There is added legal security to the Order in that leave is required for parents to apply to
discharge the Order and will only be granted if a change of circumstances can be established
since the original Order was made;
417 </li>
418 <li>
418 It maintains legal links to the birth family;
418 </li>
419 <li>
419 The child will no longer be in care and there need be no social worker involvement unless this
is identified as necessary, in which case an assessment of the need for support must be made by
the relevant local authority;
419 </li>
420 <li>
420 A child subject to a Special Guardianship Order will be entitled to additional education support
throughout their school career.
420 </li>
421 </ol>
422 <p>
422 Special Guardianship has the following disadvantages as a Permanence Plan:
422 </p>
423 <ol style="list-style-type:lower-alpha">
424 <li>
424 The Order only lasts until the child is 18 and does not necessarily bring with it the same sense
of belonging to the special guardian's family as an Adoption Order does;
424 </li>
425 <li>
425 As the child is not a legal member of the family, if difficulties arise there may be less
willingness to persevere and seek resolution;
425 </li>
426 <li>
426 Although there are restrictions on applications to discharge the Order, such an application is
possible and may be perceived as a threat to the child's stability.
426 </li>
427 </ol>
428 <h4 id="ch_arr_order">
428 3.6 Child Arrangements Orders
428 </h4>
429 <p>
429 Child Arrangements Orders were introduced in April 2014 by the Children and Families Act 2014
(which amended section 8 Children Act 1989). They replace Contact Orders and Residence
Orders.
429 </p>
430 <p>
430 A Child Arrangements Order is a court order regulating arrangements relating to any of the
following:
430 </p>
431 <ol style="list-style-type:lower-alpha">
432 <li>
432 With whom a child is to live, spend time or otherwise have contact; and
432 </li>
433 <li>
433 When a child is to live, spend time or otherwise have contact with any person.
433 </li>
434 </ol>
435 <p>
435 The 'residence' aspects of a Child Arrangements Order (i.e. with whom a child is to live/when a
child is to live with any person) can last until the child reaches 18 years unless discharged
earlier by the Court or by the making of a Care Order.
435 </p>
436 <p>
436 The 'contact' aspects of a Child Arrangements Order (with whom and when a child is to spend time
with or otherwise have contact with) cease to have effect when the child reaches 16 years, unless
the court is satisfied that the circumstances of the case are exceptional.
436 </p>
437 <p>
437 A person named in the order as a person with whom the child is to live,
437 <span class="bold">
437 will
437 </span>
437 have Parental Responsibility for the child while the Order remains in force. Where a person
is named in the order as a person with whom the child is to spend time or otherwise have contact,
but is not named in the Order as a person with whom the child is to live, the court may provide in
the order for that person to have Parental Responsibility for the child while the Order remains in
force.
437 </p>
438 <p>
438 Child Arrangements Orders are private law orders, and cannot be made in favour of a local
authority. Where a child is the subject of a Care Order, there is a general duty on the local
authority to promote contact between the child and the parents. A Contact Order can be made under
section 34 of the Children Act 1989 requiring the local authority to allow the child to have
contact with a named person.
438 </p>
439 <p>
439 A court which is considering making, varying or discharging a Child Arrangements Orders, including
making any directions or conditions which may be attached to such an Order, must have regard to
the paramountcy principle, the 'no order' principle and the welfare checklist under the Children
Act 1989.
439 </p>
440 <p>
440 Interim Child Arrangements Orders can be made.
440 </p>
441 <p>
441 Where a child would otherwise have to be placed with strangers, a placement with family or
friends/Connected Persons may be identified as a preferred option and the carers may be encouraged
and supported to apply for a Child Arrangements Orders where this will be in the best interests of
the child.
441 </p>
442 <p>
442 The holder of a Child Arrangements Order does not have the right to consent to the child's
adoption nor to appoint a guardian; in addition, they may not change the child's name nor arrange
for the child's emigration without the consent of all those with Parental Responsibility or the
leave of the court.
442 </p>
443 <p>
443 Whilst support may continue for as long as the Child Arrangements Order remains in force, the aim
will be to make arrangements which are self-sustaining in the long run.
443 </p>
444 <p>
444 As was the case with Contact and Residence Orders, any person can apply for a Child Arrangements
Order. The following can apply for a Child Arrangements Order without needing the leave of the
court. In addition, any person who is not automatically entitled to apply for a Child Arrangements
Order may seek leave of the court to do so:
444 </p>
445 <ul>
446 <li>
446 Any parent (whether or not they have Parental Responsibility for the child), guardian or Special
Guardian of the child;
446 </li>
447 <li>
447 Any person named, in a Child Arrangements Order that is in force with respect to the child, as a
person with whom the child is to live;
447 </li>
448 <li>
448 Any party to a marriage (whether or not subsisting) in relation to whom the child is a child of
the family. This allows step-parents (including those in a civil partnership) and former
step-parents who fulfil this criteria to apply as of right;
448 </li>
449 <li>
449 Any person with whom the child has lived for a period of at least 3 years - this period need not
be continuous but must not have begun more than 5 years before, or ended more than 3 months
before, the making of the application; or
449 </li>
450 <li>
450 Any person:
451 <ul>
452 <li>
452 Who has the consent of each of the persons in named in a Child Arrangements Order as a
person with whom the child is to live;
452 </li>
453 <li>
453 In any case where the child is in the care of a local authority, who has the consent of that
authority;
453 </li>
454 <li>
454 In whose favour a Child Arrangements Order has been made in relation to the 'contact'
aspects and who has been awarded Parental Responsibility by the court (i.e. they would be
able to apply for a Child Arrangements Order in relation to the 'residence' aspects);
454 </li>
455 <li>
455 Who has the consent of everyone with parental responsibility for the child.
455 </li>
456 </ul>
457 </li>
458 <li>
458 A local authority foster carer is entitled to apply for a Child Arrangements Order relating to
with whom the child is to live, and/or when the child is to live with that person, if the child
has lived with him for a period of at least one year immediately preceding the application;
458 </li>
459 <li>
459 A relative of a child is entitled to apply for a Child Arrangements Order relating to whom the
child is to live, and/or when the child is to live any person, if the child has lived with the
relative for a period of at least one year immediately preceding the application. (A relative is
a child's grandparent, brother, sister, uncle or aunt (by full or half blood), or by marriage or
civil partnership.)
459 </li>
460 </ul>
461 <p>
461 A Child Arrangements Order specifying with whom the child is to live has the following advantages:
461 </p>
462 <ol style="list-style-type:lower-alpha">
463 <li>
463 It gives Parental Responsibility to the carer whilst maintaining the parents' Parental
Responsibility;
463 </li>
464 <li>
464 The child will no longer be Looked After and there need be no social work involvement,
therefore, unless this is identified as necessary;
464 </li>
465 <li>
465 There is no review process;
465 </li>
466 <li>
466 The child will not be Looked After and so less stigma is attached to the placement;
466 </li>
467 <li>
467 A child subject to a Child Arrangements Order will be entitled to additional education support
throughout their school career.
467 </li>
468 </ol>
469 <p>
469 A Child Arrangements Order has the following disadvantages:
469 </p>
470 <ol style="list-style-type:lower-alpha">
471 <li>
471 It is less secure than Adoption or Special Guardianship in that an application can be made to
revoke the Order. However, the Court making the Order can be asked to attach a condition
refusing a parent's right to seek revocation without leave of the court;
471 </li>
472 <li>
472 There is no formal continuing support to the family after the Order is made although in some
instances, a Child Arrangements Order Allowance may be payable by the local authority;
472 </li>
473 <li>
473 There is no professional reviewing of the arrangements after the Order unless a new application
to court is made, for example by the parents for contact or revocation. (
473 <span class="bold">
473 N.B.
473 </span>
473 New applications to court may be expensive to defend, and the carers would have to bear the cost
if not entitled to assistance with legal costs.)
473 </li>
474 </ol>
475 <h4 id="long_term_fost">
475 3.7 Long-term Fostering
476 </h4>
477 <p>
477 (Please see the separate chapter
477 <a href="p_place_fost_care.html">
477 Placements in Foster Care
477 </a>
477 for details regarding the appropriate making of long-term foster placements).
477 </p>
478 <p>
478 For those children who remain Looked After an important route to permanence is long-term foster
care. Where the permanence plan for the child is longer-term foster care this may be where the
current short-term foster placement is assessed to meet the long term needs of the child for
permanence or where a new placement is identified for a child as a result of an assessment and
matching process.
478 </p>
479 <p>
479 This option has proved to be particularly useful for older children who retain strong links to
their birth families and do not want or need the formality of adoption and where the carers wish
for the continued involvement of the local authority.
479 </p>
480 <p>
480 Long-term fostering has the following advantages as a Permanence Plan:
480 </p>
481 <ol style="list-style-type:lower-alpha">
482 <li>
482 The local authority retains a role in negotiating between the foster carers and the birth family
over issues such as contact;
482 </li>
483 <li>
483 There is continuing social work support to the child and foster family in a placement that is
regularly reviewed to ensure that the child's needs are met;
483 </li>
484 <li>
484 It maintains legal links to the birth family who can still play a part in the decision making
for the child.
484 </li>
485 </ol>
486 <p>
486 Long-term fostering has the following disadvantages as a Permanence Plan:
486 </p>
487 <ol style="list-style-type:lower-alpha">
488 <li>
489 <p>
489 The foster carers do not hold Parental Responsibility and this may delay or complicate
decision making;
489 </p>
490 </li>
491 <li>
492 <p>
492 Continuing social work involvement can be an intrusion into the child experiencing 'family
life';
492 </p>
493 </li>
494 <li>
495 <p>
495 Regular Looked After Reviews that can sometimes be regarded as an intrusion in a long standing
and stable placement;
495 </p>
496 </li>
497 <li>
497 Stigma attached to the child due to being in care;
497 </li>
498 <li>
498 The child is not a legal member of the family. If difficulties arise there may be less
willingness to persevere and seek resolution;
498 </li>
499 <li>
499 Post care and/or post 18 the carers have no legal responsibility towards the young person.
499 </li>
500 </ol>
501 <h3 id="perm_local_place">
501 4. Permanence and Local Placement
501 </h3>
502 <p>
502 Where a child is placed with long term carers, it is important that the child has access to the
friends, family or community within which they were brought up and which form part of their
identity and their long term support network. For these reasons children should be placed in local
provision wherever possible.
502 </p>
503 <p>
503 Any decision to place a child away from their community should be based on the particular needs of
the child, and considered within the context of a Permanence Plan. Where an alternative family
placement is sought in the area of another local authority, the likely availability and cost of
suitable local resources to support the placement must be explored. In the case of an adoptive
placement, this will be required as part of the assessment of need for adoption support services
(see
503 <a href="p_adop_support.html">
503 Adoption Support Procedure
503 </a>
503 ), but should be carried out in relation to any permanent placement.
503 </p>
504 <p>
504 See also
504 <a href="p_out_area_place.html">
504 Out of Area Placements Procedure
504 </a>
504 .
504 </p>
505 <h3 id="assessing_planning">
505 5. Assessing and Planning for Permanence
505 </h3>
506 <p>
506 Assessments of a child's needs in relation to their Permanence Plan must:
506 </p>
507 <ol style="list-style-type:lower-alpha">
508 <li>
508 Focus on outcomes;
508 </li>
509 <li>
509 Consider stability issues, including the child's and family's needs for long-term support and
the child's needs for links, including contact, with their parents, siblings, and wider family
network.
509 </li>
510 </ol>
511 <p>
511 Social workers must ensure the child's Permanence Plan is clearly linked to previous assessments
of the child's needs.
511 </p>
512 <p>
512 A court, in deciding whether to make a Care Order, is required to consider the 'permanence
provisions' of the Care Plan for the child:
512 </p>
513 <ol style="list-style-type:lower-alpha">
514 <li>
514 The provisions setting out the long-term plan for the upbringing of the child - to live with a
parent/family member/family friend; adoption; or other long-term care, and
514 </li>
515 <li>
515 The plan's provisions in relation to any of the following:
516 <ol style="list-style-type:lower-roman">
517 <li>
517 The impact on the child concerned of any harm that he or she suffered or was likely to
suffer;
517 </li>
518 <li>
518 The current and future needs of the child (including needs arising out of that impact);
518 </li>
519 <li>
519 The way in which the long-term plan for the upbringing of the child would meet those current
and future needs.
519 </li>
520 </ol>
521 </li>
522 </ol>
523 <p>
523 (See
523 <a href="https://www.legislation.gov.uk/ukpga/2017/16/section/8" target="_blank" rel="noopener">
523 S.8 Children and Social Work Act 2017 amends section 31(3B) Children Act 1989
523 </a>
523 )
523 </p>
524 <p>
524 <a href="#app_one">
524 Appendix 1: Identifying Permanence Options
524 </a>
524 presents a brief, research-based checklist of considerations about Adoption, Child Arrangements
Orders, Special Guardianship Orders and Long-term Fostering.
524 </p>
525 <p>
525 In considering the child's needs, full consultation with family and community networks should be
undertaken to establish the child's attachments and supports.
525 </p>
526 <p>
526 In all cases, the child's own wishes and feelings must be ascertained and taken into account.
526 </p>
527 <p>
527 By the time of the second Looked After Review, the child must have a Permanence Plan (incorporated
into the Care Plan), to be presented for consideration at the review.
527 </p>
528 <p>
528 Where the Permanence Plan includes a Parallel Plan, the social worker must ensure that the parents
are informed of the reasons why two plans are being made to meet the child's needs and prevent
unnecessary delay.
528 </p>
529 <h3 id="good_prac">
529 6. Good Practice Guidance
529 </h3>
530 <p>
530 The following practice guidance is not exhaustive, it is drawn from research and consultation with
young people, parents, carers and practitioners.
530 </p>
531 <h4>
531 6.1 Supporting reunification with birth or extended family
531 </h4>
532 <p>
532 Research points to:
532 </p>
533 <ul>
534 <li>
534 The importance of clearly communicating to the family what needs to happen to enable the child
to return home, and within what timescales;
534 </li>
535 <li>
535 The importance of exploring family ties and long term relationships with family, school and
community;
535 </li>
536 <li>
536 The use of Family Group Conferences as an effective way of facilitating both the above.
536 </li>
537 </ul>
538 <h4>
538 6.2 Identifying the best permanence option
538 </h4>
539 <p>
539 The permanency planning process, informed by multi-agency contributions, will identify which
permanence option is most likely to meet the needs of the individual child, taking account of
their wishes and feelings.
539 </p>
540 <p>
540 Issues to consider:
540 </p>
541 <ul>
542 <li>
542 The assessment process must ask how stability for this child will be achieved;
542 </li>
543 <li>
543 Long term stability means the sense of a permanent home with the same family or group of people,
as part of the same community and culture, and with long-term continuity of relationships and
identity;
543 </li>
544 <li>
544 Short or medium term stability or continuity will be important for children who are going to
stay in care for a brief period before going home and for children who are going to need new
permanent arrangements. The quality of a child's attachments and life will be detrimentally
affected by uncertainties, separations from what /who is known and changes of school and
placement;
544 </li>
545 <li>
545 Educational experiences, links with extended family, hobbies and friendships and support to
carers, contribute to guarding against disruption and placement breakdown;
545 </li>
546 <li>
546 The importance of carefully listening to what children want from the placement, helping the
relationship between carer and child to build, making thorough plans around contact with family,
providing vigorous support during crisis times and taking a sufficiently flexible attitude to
adoption by carers;
546 </li>
547 <li>
547 The older a child is, the less likely it is that the child will secure a permanent family
through adoption;
547 </li>
548 <li>
548 The larger the family group of children, the harder it is to secure a single placement that will
meet all the needs of all the children.
548 </li>
549 </ul>
550 <h4>
550 6.3 Twin Track or Parallel Planning
550 </h4>
551 <p>
551 Social workers are encouraged to consider working to this model; working towards a child's return
home whilst at the same time developing an alternative Permanence Plan, within strictly limited
timescales.
551 </p>
552 <p>
552 Where children's cases are before the court in Care Proceedings, the Court require twin track
planning to be reflected in the Care Plan - see also
552 <a href="p_care_supervis_plo.html">
552 Care and Supervision Proceedings and the Public Law Outline
552 </a>
552 .
552 </p>
553 <p>
553 See also
553 <a href="p_foster_for_adopt.html">
553 Fostering for Adoption, Concurrent Planning and Temporary Approval as Foster Carers of Approved
Prospective Adopters Procedure
553 </a>
553 .
553 </p>
554 <h4>
554 6.4 Placement/Contact with Siblings - Issues to Consider
554 </h4>
555 <p>
555 Wherever it is in the best interests of each individual child, siblings should be placed together.
Being able to live with brothers and sisters who are also Looked After is an important protective
factor for many Looked After children. Positive sibling relationships provide support both in
childhood and adulthood and can be particularly valuable during changes in a young person's life,
such as leaving care.
555 </p>
556 <p>
556 A number of factors however, can militate against achieving the positive placement of brothers and
sisters together – they may have entered care at different times and/or they may have very
different needs related to past experiences, current emotional and behavioural development and
age, especially where there are significant age differences. There may be practical difficulties
in accommodating large sibling groups together. In some circumstances a child may have been abused
by a brother or sister. An understanding of family functioning and family history, providing
appropriate support to all parties, as well as listening to the wishes and feelings of children,
is therefore key to informing these judgements.
556 </p>
557 <p>
557 There are often some practical steps that can be taken to overcome some of the more logistical
reasons for being unable to place sibling groups together. Where siblings placed together in
foster care may be separated when one turns 18, consideration should be given to whether Staying
Put arrangements may be beneficial for all the children involved.
557 </p>
558 <p>
558 There will, however, always be circumstances in which it is not possible to place siblings
together and children should be supported to understand why they cannot live with their siblings.
In these circumstances where it is in the best interests of each individual child, sibling contact
should be promoted and maintained.
558 </p>
559 <p>
559 If it is likely that brothers and sisters who are not able to be placed together at the start of a
care episode will remain Looked After for the medium to long term, arrangements should be made as
part of each child's Care Plan which will enable brothers and sisters to live together, taking
into account the other factors.
559 </p>
560 <p>
560 Where the plan is for adoption, in order to reduce delay, an early decision should be taken as to
whether it is in the best interests of each child to be placed together or separately, and the
impact on each child of that decision. The decision should be based on a balanced assessment of
the individual needs of each child in the group, and the likely or possible consequences of each
option on each child. Factors that may need to be considered will include: the nature of the
sibling group (do the siblings know each other/ how are they related); whether the children have
formed an attachment; the health needs of each child; and each child's view (noting that a
child's views and perceptions will change over time).
560 </p>
561 <h4>
561 6.5 Direct contact with birth family members and others
561 </h4>
562 <p>
562 Contact must always be for the benefit of the child, not the parents or other relatives.
562 </p>
563 <p>
563 It may serve one or all of the following functions:
563 </p>
564 <ul>
565 <li>
565 To maintain a child's identity. Consolidating the new with the old;
565 </li>
566 <li>
566 To provide reassurance for the child;
566 </li>
567 <li>
567 To provide an ongoing source of information for the child;
567 </li>
568 <li>
568 To give the child continuing permission to live with the adoptive family;
568 </li>
569 <li>
569 To minimise the sense of loss;
569 </li>
570 <li>
570 To assist with the process of tracing;
570 </li>
571 <li>
571 To give the adopters a secure sense of the right to parent. This will make the parenting task
easier.
571 </li>
572 </ul>
573 <p>
573 Direct contact will generally work best if all parties accept/agree to:
573 </p>
574 <ol style="list-style-type:lower-roman">
575 <li>
575 The plan for permanence;
575 </li>
576 <li>
576 The parental role of the permanent carers;
576 </li>
577 <li>
577 The benefit of contact;
577 </li>
578 <li>
578 The adoptive parents being present.
578 </li>
579 </ol>
580 <p>
580 Direct contact is not likely to be successful in situations where a parent:
580 </p>
581 <ul>
582 <li>
582 Disagrees with the plan for permanence;
582 </li>
583 <li>
583 Does not accept the parental role of the permanent carer and their own minimal role with the
child;
583 </li>
584 <li>
584 Has proved to be unreliable in their commitment to contact in the past;
584 </li>
585 <li>
585 Does not have a significant attachment with the child.
585 </li>
586 </ul>
587 <p>
587 The wishes of the child to join a new family without direct contact, must be considered and given
considerable weight at any age.
587 </p>
588 <p>
588 If direct contact is a part of the Permanence Plan, a formal agreement setting out how contact
will take place, who with, where and how frequently must be negotiated before placement, and
reviewed regularly throughout the child's life.
588 </p>
589 <h4>
589 6.6 Indirect contact with birth family members and others
589 </h4>
590 <p>
590 We do not all share the same sense of family - it means different things to different people. It
helps when children are helped to understand to whom they are related, especially if they have
complicated family trees including half-brothers or sisters living in different places. Identity
is built on solid information.
590 </p>
591 <p>
591 Wherever possible, indirect contact between the child and their new family with people from the
past should be facilitated:
591 </p>
592 <ol style="list-style-type:lower-alpha">
593 <li>
593 To leave open channels of communication in case more contact is in the child's interests in the
future;
593 </li>
594 <li>
594 To provide information (preferably two-way) to help the child to maintain and enhance their
identity and to provide the birth relative with some comfort in knowing of the child's progress.
594 </li>
595 </ol>
596 <p>
596 Indirect contact must be negotiated prior to placement, and all parties should be asked to enter
into an agreement with one another about the form and frequency that the contact will take.
Renegotiations of the contact should only take place if the child's needs warrant it.
596 </p>
597 <p>
597 All parties to the agreement will need to accept that as the child becomes older and is informed
more fully about the arrangements for indirect contact, the child will have a view regarding its
continuation. No contact arrangements can be promised to remain unaltered during the child's
childhood. Those involved need to accept that contact may cease if it is no longer in the
child's interests. Alternatively, an older child may need to change to direct contact.
597 </p>
598 <h4>
598 6.7 Clearly communicating the Permanence Plan
598 </h4>
599 <ul>
600 <li>
600 Communicating a Permanence Plan effectively involves setting it out clearly and concisely as
part of the Care Plan, in a way that acts as a useful reference to all involved during the
Review process;
600 </li>
601 <li>
601 Good quality Care Plans set out clear, concise statements about intended outcomes;
601 </li>
602 <li>
602 Make timescales clear.
602 </li>
603 </ul>
604 <h4>
604 6.8 Legal routes to Permanence
604 </h4>
605 <p>
605 For younger children unable to be returned home where adoption is the plan, a Care Order and
Placement Order are likely to be necessary unless parents are clearly relinquishing the child and
are in agreement with the plan and the placement choice.
605 </p>
606 <p>
606 For children for whom adoption is not appropriate, each case will need to be considered on its
merits. The decision between Special Guardianship Order, Child Arrangements Order and Long Term
Fostering under a Care Order will depend on the individual needs of the child set alongside the
advantages and disadvantages of each legal route.
606 </p>
607 <h3 id="app_one">
607 Appendix 1: Identifying Permanence Options
607 </h3>
608 <table title="app1 table">
609 <tr class="table_header">
610 <td>
610 Child Arrangements/Special Guardianship Orders
610 </td>
611 <td>
611 Adoption
611 </td>
612 <td>
612 Long Term Fostering
612 </td>
613 </tr>
614 <tr>
615 <td>
615 Child needs the security of a legally defined placement with alternative carers, but does not
require a lifelong commitment involving a change of identity.
615 </td>
616 <td>
616 Child's primary need is to belong to a family who will make a lifelong commitment.
616 </td>
617 <td>
617 Primary need is for a stable, loving family environment whilst there is still a significant
level of continued involvement with the birth family.
617 </td>
618 </tr>
619 <tr class="table_row_even">
620 <td>
620 Child's relation, foster or other carer needs to exercise day to day parental responsibility
and is prepared to do so as a lifelong commitment.
620 </td>
621 <td>
621 Child's birth parents are not able or not willing to share parental responsibility in order to
meet their child's needs, even though there may be contact.
621 </td>
622 <td>
622 Child has a clear sense of identity with the birth family, whilst needing to be looked after
away from home.
622 </td>
623 </tr>
624 <tr>
625 <td>
625 There is no need for continuing monitoring and review by the Local Authority, although support
services may still need to be arranged.
625 </td>
626 <td>
626 Child needs an opportunity to develop a new sense of identity whilst being supported to
maintain or develop a healthy understanding of their past.
626 </td>
627 <td>
627 There is need for continuing oversight and monitoring of the child's developmental progress.
627 </td>
628 </tr>
629 <tr class="table_row_even">
630 <td>
630 Child has a strong attachment to the alternative carers and legally defined permanence is
assessed as a positive contribution to their sense of belonging and security.
630 </td>
631 <td>
631 Child expresses a wish to be adopted.
631 </td>
632 <td>
632 Birth parents are able and willing to exercise a degree of parental responsibility.
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