Residential School and S.20 Children's Act
We have had a few cases regarding residential schools being proposed by the LA and the parent declining this provision as residence was not wanted. I am aware that if the LA provide accommodation for a child for more than a continuous 24 hours this would mean they become a looked after child and this can only happen if parent is agreeable under s.20 CA 1989. This suggests Section I can only have residential school with parental consent.
Where I would appreciate some guidance from others is whether this also applies to residential schools as the exercise of a function is not a social services function. I also appreciate this can get mixed up in which parts of the provision may be social services functions where the child is also under a CIN Plan.
In the cases I am thinking about there is no need for education outside the school day, it is the distance which would trigger residence.
Is the LA still able to put forward a residential setting without parental agreement and do the Tribunal have the jurisdiction to order it if the parent does not consent and there are known social care needs which will be (but not must be as the care threshold is unmet) addressed by such a placement?
I think the answer to this must be that you can put it forward and the tribunal does have the jurisdiction to order it, but this does not mean that anyone can force the parent to place the child there any more than would be the case if it were an ordinary day school.