Part IIIF15SUPPORT FOR CHILDREN AND FAMILIES PROVIDED BY LOCAL AUTHORITIES IN ENGLAND
Duties of local authorities in relation to children looked after by them
I1C122 General duty of local authority in relation to children looked after by them.
1
F16In this section, any reference to a child who is looked after by a local authority is a reference to a child who is—
a
in their care; or
2
In subsection (1) “accommodation” means accommodation which is provided for a continuous period of more than 24 hours.
3
It shall be the duty of a local authority looking after any child—
a
to safeguard and promote his welfare; and
b
to make such use of services available for children cared for by their own parents as appears to the authority reasonable in his case.
F43A
The duty of a local authority under subsection (3)(a) to safeguard and promote the welfare of a child looked after by them includes in particular a duty to promote the child’s educational achievement.
F113B
A local authority F17 ... must appoint at least one person for the purpose of discharging the duty imposed by virtue of subsection (3A).
3C
A person appointed by a local authority under subsection (3B) must be an officer employed by that authority or another local authority F18 ....
4
Before making any decision with respect to a child whom they are looking after, or proposing to look after, a local authority shall, so far as is reasonably practicable, ascertain the wishes and feelings of—
a
the child;
C2d
any other person whose wishes and feelings the authority consider to be relevant,
regarding the matter to be decided.
5
In making any such decision a local authority shall give due consideration—
a
having regard to his age and understanding, to such wishes and feelings of the child as they have been able to ascertain;
C2C5b
to such wishes and feelings of any person mentioned in subsection (4)(b) to (d) as they have been able to ascertain; and
c
to the child’s religious persuasion, racial origin and cultural and linguistic background.
6
If it appears to a local authority that it is necessary, for the purpose of protecting members of the public from serious injury, to exercise their powers with respect to a child whom they are looking after in a manner which may not be consistent with their duties under this section, they may do so.
7
If the F19Secretary of State considers it necessary, for the purpose of protecting members of the public from serious injury, to give directions to a local authority with respect to the exercise of their powers with respect to a child whom they are looking after, F5the F19Secretary of State may give such directions to F20the authority.
8
Where any such directions are given to an authority they shall comply with them even though doing so is inconsistent with their duties under this section.
F1023 Provision of accommodation and maintenance by local authority for children whom they are looking after.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14 22A F6Provision of accommodation for children in care
When a child is in the care of a local authority, it is their duty to provide the child with accommodation.
F14 22B Maintenance of looked after children
It is the duty of a local authority to maintain a child they are looking after in other respects apart from the provision of accommodation.
C622C Ways in which looked after children are to be accommodated and maintained
1
This section applies where a local authority are looking after a child (“C”).
2
The local authority must make arrangements for C to live with a person who falls within subsection (3) (but subject to subsection (4)).
3
A person (“P”) falls within this subsection if—
a
P is a parent of C;
b
P is not a parent of C but has parental responsibility for C; or
4
Subsection (2) does not require the local authority to make arrangements of the kind mentioned in that subsection if doing so—
a
would not be consistent with C's welfare; or
b
would not be reasonably practicable.
5
If the local authority are unable to make arrangements under subsection (2), they must place C in the placement which is, in their opinion, the most appropriate placement available.
6
In subsection (5) “ placement ” means—
a
placement with an individual who is a relative, friend or other person connected with C and who is also a local authority foster parent;
b
placement with a local authority foster parent who does not fall within paragraph (a);
c
placement in a children's home in respect of which a person is registered under Part 2 of the Care Standards Act 2000 F25or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2); or
d
subject to section 22D, placement in accordance with other arrangements which comply with any regulations made for the purposes of this section.
7
In determining the most appropriate placement for C, the local authority must, subject to F12subsection (9B) and the other provisions of this Part (in particular, to their duties under section 22)—
a
give preference to a placement falling within paragraph (a) of subsection (6) over placements falling within the other paragraphs of that subsection;
b
comply, so far as is reasonably practicable in all the circumstances of C's case, with the requirements of subsection (8); and
c
comply with subsection (9) unless that is not reasonably practicable.
8
The local authority must ensure that the placement is such that—
a
it allows C to live near C's home;
b
it does not disrupt C's education or training;
c
if C has a sibling for whom the local authority are also providing accommodation, it enables C and the sibling to live together;
d
if C is disabled, the accommodation provided is suitable to C's particular needs.
9
The placement must be such that C is provided with accommodation within the local authority's area.
F139A
Subsection (9B) applies (subject to subsection (9C)) where the local authority F21 ...—
a
are considering adoption for C, or
b
are satisfied that C ought to be placed for adoption but are not authorised under section 19 of the Adoption and Children Act 2002 (placement with parental consent) or by virtue of section 21 of that Act (placement orders) to place C for adoption.
9B
Where this subsection applies—
a
subsections (7) to (9) do not apply to the local authority,
b
the local authority must consider placing C with an individual within subsection (6)(a), and
c
where the local authority decide that a placement with such an individual is not the most appropriate placement for C, the local authority must consider placing C with a local authority foster parent who has been approved as a prospective adopter.
9C
Subsection (9B) does not apply where the local authority have applied for a placement order under section 21 of the Adoption and Children Act 2002 in respect of C and the application has been refused.
10
The local authority may determine—
a
the terms of any arrangements they make under subsection (2) in relation to C (including terms as to payment); and
b
the terms on which they place C with a local authority foster parent (including terms as to payment but subject to any order made under section 49 of the Children Act 2004).
11
The F22Secretary of State may make regulations for, and in connection with, the purposes of this section.
F2312
For the meaning of “local authority foster parent” see section 105(1).
C7F14 22D Review of child's case before making alternative arrangements for accommodation
1
Where a local authority are providing accommodation for a child (“C”) other than by arrangements under section 22C(6)(d), they must not make such arrangements for C unless they have decided to do so in consequence of a review of C's case carried out in accordance with regulations made under section 26.
2
But subsection (1) does not prevent a local authority making arrangements for C under section 22C(6)(d) if they are satisfied that in order to safeguard C's welfare it is necessary—
a
to make such arrangements; and
b
to do so as a matter of urgency.
22EF24Children’s homes provided by Secretary of State or Welsh Ministers
Where a local authority place a child they are looking after in a children’s home provided, equipped and maintained by the Secretary of State or the Welsh Ministers under section 82(5), they must do so on such terms as the Secretary of State or the Welsh Ministers (as the case may be) may from time to time determine.
F14 22F Regulations as to children looked after by local authorities
Part 2 of Schedule 2 has effect for the purposes of making further provision as to children looked after by local authorities and in particular as to the regulations which may be made under section 22C(11).
22GF7General duty of local authority to secure sufficient accommodation for looked after children
1
It is the general duty of a local authority to take steps that secure, so far as reasonably practicable, the outcome in subsection (2).
2
The outcome is that the local authority are able to provide the children mentioned in subsection (3) with accommodation that—
a
is within the authority's area; and
b
meets the needs of those children.
3
The children referred to in subsection (2) are those—
a
that the local authority are looking after,
b
in respect of whom the authority are unable to make arrangements under section 22C(2), and
c
whose circumstances are such that it would be consistent with their welfare for them to be provided with accommodation that is in the authority's area.
4
In taking steps to secure the outcome in subsection (2), the local authority must have regard to the benefit of having—
a
a number of accommodation providers in their area that is, in their opinion, sufficient to secure that outcome; and
b
a range of accommodation in their area capable of meeting different needs that is, in their opinion, sufficient to secure that outcome.
5
In this section “ accommodation providers ” means—
local authority foster parents; and
children's homes in respect of which a person is registered under Part 2 of the Care Standards Act 2000.
Pt. 3 heading substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 57(2)