Form Of Consent Of Parent/Carer With Parental Responsibility To The Accommodation Of A Child Under S20(1)(C) Or S20(4) By The London Borough Of Harrow

This is a form for a parent/carer with parental responsibility who wishes to agree to accommodation of a child under s20(1)(c) or s20(4) by London Borough of Barnet

To contact the allocated social worker for ……….(child) you need to call: INSERT DETAILS OF NAMED SOCIAL WORKER AND ALSO OUT OF HOURS DETAILS

I,…………………..(full name of parent/carer) am the mother/father/other carer (please specify e.g: step-parent/civil partner with parental responsibility, holder of child arrangements order - residence, testamentary guardian, special guardian) (delete as appropriate) of ………………………(full name of child), a boy/girl (delete as appropriate) born on ...... (dob).

I have parental responsibility for……...... (name of child).

I consent to………………………(name of child) being accommodated by London Borough of Barnet in the following placement………………………………………………………………. (insert details of proposed placement i.e: name/address of foster carer/residential unit or family member if consent limited to particular placement) or in suitable accommodation identified by London Borough of Barnet (delete as appropriate).

I consent to………………………(name of child) being accommodated by London Borough of Barnet until…………………….(insert end date if time-limited placement)

I confirm that I have read this document in my first language (insert language) /it has been read to me in …….(insert name of language) and that I understand that agreeing to ………………(insert name of child) means that ……………………….. (insert name of child) will be looked after by London Borough of Barnet.

I confirm that I understand that I may at any time remove …………………(name of child)from the accommodation provided by or on behalf of London Borough of Barnet (s20(8)) and that I retain parental responsibility for…………………..(name of child) whilst he/she (delete as appropriate) is accommodated.

Note – where the child is aged 16 or more and the child consents to accommodation the parent or person with parental responsibility cannot object to or remove the child from accommodation

THIS DOCUMENT IS FOR DISCUSSION PURPOSES ONLY. UNAPPROVED AND NOT VALID FOR ACTUAL USE I confirm that I have been provided with the opportunity to seek legal advice from a solicitor independent of London Borough of Barnet before agreeing to ……………… (insert name of child) being accommodated by London Borough of Barnet.

I understand that the local authority may seek further legal advice in respect of their position should I choose to remove my child from the accommodation provided by London Borough of Barnet.

Signed………………… (name of parent/carer)

Dated………………….

THIS DOCUMENT IS FOR DISCUSSION PURPOSES ONLY. UNAPPROVED AND NOT VALID FOR ACTUAL USE Important notes to social worker and team manager

1. Where the parent/carer is not fluent in English, the document must be translated into the parent’s/carer’s own language, and where he/she does not read any language, it must be interpreted to him/her in his/her own language. The parent /carer should be invited to sign a copy of the document in the foreign language text and the following word should be added, in the foreign language: “I have read and understood this document and I agree to its terms”. Where the person does not read any language the interpreter should endorse the foreign language text of the document to the effect that it has been read to the person in his/her own language (specify the language) and that the person has confirmed that he he/she understands and consents to the terms of the document.

2. Where there is any concern as to the parent/carer lacking capacity to make an informed decision due to his/her mental health or having a learning disability or not being in an emotional state to fully appreciate the consequences, he/she should not be invited to consent to accommodation. It should be noted that a person may have the mental capacity to make a decision on one subject but not on another and that a person’s mental capacity may change, from time to time. The sw needs to be satisfied that the person has the capacity to make an informed decision. The sw should record his/her reasoning in a case note on the file. If there is any doubt, the sw team should seek advice from legal services.

3. In all cases the parent/carer should be given the list of local solicitors who undertake childcare work and/or be referred to the ‘find a solicitor’ tool on the Law Society website – www.lawsociety.org.uk

4. The parent/carer should be given the opportunity to take legal advice before being invited to sign the consent to accommodation and the consent to health assessment. Dependent upon the parent/carer’s financial circumstances he/she may be entitled to free legal advice.

5. A parent/carer should never be put under any form of duress with regard to agreement to accommodation. It must be a voluntary and informed decision.

6. If all those persons who hold a child arrangements order - residence for the child or are special guardians for the child consent to accommodation under s20(1)(c) or s20(4) the consent of any other person with parental responsibility is not required (s20(9 & (10). Otherwise, the consent of all those with parental responsibility is required.

THIS DOCUMENT IS FOR DISCUSSION PURPOSES ONLY. UNAPPROVED AND NOT VALID FOR ACTUAL USE 7. A father will share parental responsibility for the child if (i) he is or has been married to the child’s mother (provided not divorced before the birth ) or (ii) he is unmarried to the mother but is named on the child’s birth certificate as the and the birth was registered on or after 1.12.2003 or iii) the father has acquired parental responsibility by order of the Court or (iv) the father has acquired parental responsibility by entering into a parental responsibility agreement with the mother which has been lodged with the Central Family Court.

8. Where the child has been adopted, the adopters will have acquired parental responsibility and the birth parent(s) will have lost parental responsibility.

9. If there is any doubt as to who has parental responsibility for the child or there are unusual circumstances or there is a step-parent/civil partner it is advisable for the social worker to seek advice from legal services on the question of parental responsibility.

10. On completion, please ensure that a signed copy of this form is provided to the parent/carer and that the form is scanned and uploaded to the case file.

THIS DOCUMENT IS FOR DISCUSSION PURPOSES ONLY. UNAPPROVED AND NOT VALID FOR ACTUAL USE