PART 2Interpretation

Meaning of “looked after by a local authority”9

1

A young child is “looked after by a local authority” if the child is any the following—

a

a child who is looked after by a local authority within the meaning given in section 22(1) of the Children Act 198925;

b

a child who is looked after by an authority within the meaning given in article 25(1) of the Children (Northern Ireland) Order 1995;

c

a child who is looked after by a local authority within the meaning given in section 17(6) of the Children (Scotland) Act 199526;

d

a child who is looked after by a local authority within the meaning given in section 74(1) of the Social Services and Well-being (Wales) Act 2014.

2

Despite paragraph (1), a young child is not looked after by a local authority during any period the child is—

a

being looked after by an English local authority for the purposes of providing a brief respite for the person with whom the child normally lives,

b

placed with a foster parent (see regulation 8), or

c

placed with any other person pursuant to arrangements made under—

i

section 22C(2) of the Children Act 1989,

ii

article 27(2)(a) of the Children (Northern Ireland) Order 1995,

iii

regulation 8(1) or 11 of the Looked After Children (Scotland) Regulations 2009, or

iv

section 81(2) of the Social Services and Well-being (Wales) Act 2014.