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Arrangements for LAC to live permanently outside of Guernsey

As with all families, it may be the case that a family with who a looked after child is in a permanent, long term placement, intend to move away from Guernsey and are offering the child the opportunity to go with them. This would represent a significant change for the child and therefore it is essential that the correct planning is undertaken and relevant permissions / consent obtained.

If the child is subject to a Community Parenting Order

Any long term move outside of Guernsey has to be agreed by the Court.  Children may travel outside of the Guernsey  for up to 28 days without permission of the Court, but even a day over requires agreement.

In order to agree, the Court need to be satisfied that:

The need for consent of any person (or groups of people) with parental responsibility can be dispensed with by the Court if they cannot be found, are incapable of consenting or are with-holding consent unreasonably.  Such decisions can be appealed (which would delay the decision taking effect until the appeal is heard).

If the child is looked after under s20

Consent would have to be sought from everyone with parental responsibility.  If this was given then the department could assist with the move.

The planning process

A decision about whether a child living outside of Guernsey should be made at a child's looked after review, following which a planning meeting chaired by a Service Manager should be held.

In making a final decision in conjunction with the Manager of the service, the following must be considered:

Where it is agreed that the child should live outside of Guernsey  then the carers should be encouraged to apply for a Residence Order (which discharges the Care Order).  If a person with PR disagrees with this plan then the Court can be asked to dispense with their consent.

Court reports

 

If the plan is for a child to move permanently away or have an extended stay outside of Guernsey (more than 28 days), the department will be required to produce a report for the subsequent Court proceedings.

Reports for Court where child is moving outside of Guernsey - to include: