Inter Authority Arrangements for Child Protection

It is a statutory requirement under section 47 of the Children Act 1989, where a local authority has reasonable cause to suspect that a child (who lives or is found in their area) is suffering or is likely to suffer significant harm, it has a duty to make such enquiries as it considers necessary to decide whether to take any action to safeguard or promote the child’s welfare (Working Together to Safeguard Children, July 2018).

The social care area where the child lives is referred to as the ‘home authority’ and the social care area where the child is found is referred to as the ‘host authority’.

Determining Responsibility

In situations where the child is found, staying in or receiving a service from a host authority it is not always clear who is responsible for protecting the child and conducting enquiries. For example:

a child found in one authority but subject to a protection plan in another authority.
a Looked After Child placed in another local authority.
a child attending a boarding school in another area.
a child receiving in-patient treatment in another area.
a family currently receiving services from another local authority.
a child staying temporarily in the area but whose family remains in the home authority.
a family who have moved into the area, but where another authority retains case responsibility temporarily.
a child suspected of being abused by a paedophile operating in the host authority.

Where more than one local authority is involved with the child then responsibility for the enquiries will depend on whether the allegations or concerns arise in relation to the child in the home or host authority and a determination of responsibility needs to be made.

The following should always be applied:

immediate, full consultation and co-operation between both host and home authorities, with both authorities involved in the planning and undertaking of enquiries.
case responsibility for the child rests with the home authority.
any emergency action should be taken by the host authority unless agreement is reached between authorities for the home authority to take alternative action and this is effective in safeguarding the child.
where concerns arise in relation to the child’s home circumstances, the home authority will be responsible.
if concerns arise in relation to safe parenting (e.g. where parents are visiting a child in hospital, residential or boarding school) the home authority is responsible.
where concerns arise in relation to the child’s circumstances within the host authority (e.g. abuse in school or placement) the host LA authority will lead the enquiry, liaising closely with the home authority and involving them in undertaking aspects of the enquiry as appropriate.
where emergencies and enquiries are dealt with by the host authority, responsibility for the child will revert to the home authority immediately thereafter. The home authority will also be responsible for the provision of any form of foster or residential care, or other services to ensure the protection of a child found in a host authority. The welfare of the child will be the paramount consideration in this determination
negotiations about responsibility must not cause delay in urgent situations.

There must be immediate contact between home and host authorities initiated by the authority which receives the referral. The authorities must agree: -

any need for urgent action and enquiries and who will take responsibility for this in accordance with the above principles.
responsibility and plans for strategy discussions/meetings.
responsibility for liaison with other agencies.

Strategy meetings/discussions should take place within the timescales set generally and in accordance with local procedures.

Decisions and responsibilities for any action must be provided in writing to a named manager in both local authorities.