PART 6LOOKED AFTER AND ACCOMMODATED CHILDREN
Duties of local authorities in relation to looked after children
81Ways in which looked after children are to be accommodated and maintained
1
This section applies where a local authority is 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 this is subject to subsections (4) and (11).
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
c
in a case where C is in the care of the local authority and there was a residence order in force with respect to C immediately before the care order was made, P was a person in whose favour the residence order was made.
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 well-being, or
b
would not be reasonably practicable.
5
If the local authority is unable to make arrangements under subsection (2), it must place C in the placement that is, in its opinion, the most appropriate placement available (but this is subject to subsection (11)).
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, or
d
subject to section 82, placement in accordance with other arrangements that comply with any regulations made for the purposes of this section.
7
In determining the most appropriate placement for C under subsection (5), the local authority must, subject to the other provisions of this Part (in particular, to its duties under section 78)—
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 it is not reasonably practicable to do so.
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 is 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.
10
Subsection (11) applies where—
a
the local authority is satisfied that C ought to be placed for adoption and proposes to place C for adoption with a particular prospective adopter (“A”),
b
an adoption agency has determined that A is suitable to adopt a child, and
c
the local authority is not authorised to place C for adoption.
11
The local authority must place C with A, unless in its opinion it would be more appropriate—
a
to make arrangements for C to live with a person falling within subsection (3), or
b
to place C in a placement of a description mentioned in subsection (6).
12
For the purposes of subsection (10)—
a
“adoption agency” has the meaning given by section 2 of the Adoption and Children Act 2002;
b
a local authority is authorised to place C for adoption only if it has been authorised to do so under—
i
section 19 of that Act (placing children with parental consent), or
ii
a placement order made under section 21 of that Act.
13
The local authority may determine—
a
the terms of any arrangements it makes under subsection (2) in relation to C (including terms as to payment), and
b
the terms on which it places C with a local authority foster parent under subsection (5) or with a prospective adopter under subsection (11) (including terms as to payment but subject to any order made under section 49 of the Children Act 2004).