Voluntary Care Arrangements under Section 76

Course Outline:

Section 76 of the Social Services and Well-being (Wales) Act 2014 gives local authorities in Wales, in certain circumstances, the responsibilities to provide alternative accommodation for children under the age of 18 who do not have somewhere suitable to live.

Recent case law has given clear guidelines regarding the parents and the child’s right to consent. Circumstances defining the threshold criteria have been established and an agreed care plan put in place. In such instances, the court should decline to make an order under Section 31 Children Act 1989 and instead make no order in accordance with the 'no order' principle. Working with parents and families collaboratively is an essential part of Section 76. Social workers, senior managers, children’s guardians, and legal professionals need to be aware of the consequences of Section 76 being misused or abused. These include:

• Applications by parents, or on behalf of the child under the HRA 1998 for a declaration
• Negative media attention with LA’s being publicly criticised and scrutinised
• Damages being awarded against the LA in favour of the parents and/or the child(ren)

Key Learning Outcomes:

• The context and purpose for which Section 76 is being considered
• When it is appropriate and inappropriate to employ Section 76
• Guidance on the separation of a newborn or young baby from their parents
• Guidance on placements for relinquished babies
• Parental responsibility and Section 76
• Social worker's responsibilities
• Relevance of capacity of a parent
• Circumstances where a parent is placed on bail and/ or in custody
• Best practice with unaccompanied minors or asylum seekers
• Length of Section 76 and avoiding drift
• Best practice with Section 76 agreements
• Other documents associated with a Section 76
• Section 76 and court proceedings
• Recent guidance and case law