Child law advice
If you are a young person who requires advice and information click here to visit LawStuff, our website dedicated to providing advice and assistance to young people.
LOOKED AFTER CHILDREN AND THEIR PLACEMENTS
Sections 22A to 22D of the Children Act 1989 make provision for the accommodation and maintenance of a looked after child. They provide a framework within which decisions about the most appropriate way to accommodate and maintain the child must be considered:
Section 22A imposes a duty on the responsible authority when a child is in their care to provide the child with accommodation.
Section 22B sets out the duty of the responsible authority to maintain a looked after child in other respects apart from providing accommodation.
Section 22C sets out the ways in which the looked after child is to be accommodated.
Section 22D imposes a duty on the responsible authority to formally review the child’s case before making alternative arrangements for accommodation.
Where is a looked after child placed?
A key principle of the 1989 Children Act is that that children are best looked after within their families, with their parents playing a full part in their lives, unless compulsory intervention in family life is necessary. As such, Section 22C(2) imposes a duty on the responsible authority to make arrangements for the child to live with a parent, a person who is not a parent but who has parental responsibility for the child, or a person who held a residence order in respect of the child prior to the making of the care order, unless this is not consistent with the child’s welfare or would not be
reasonably practicable – section 22C(4).
Where a placement with the child’s parent is not possible, the responsible authority should place the child in ‘the most appropriate placement available’, that is, the one that they consider will best promote and safeguard the child’s welfare (section 22C(5)). The ‘placement’ means:
placement with a relative, friend or other person connected with the child and who is also a local authority foster carer;
placement with a local authority foster carer (who is not a relative, friend or other person connected with the child);
long-term foster placement;
placement in a children’s home; and
placement ‘in accordance with other arrangements made by the local authority’ – this may include, for example, supporting young people to live independently in rented accommodation, residential employment, or in supported lodgings/hostels.
In accordance with section 22C(7), in determining which is the most appropriate placement the local authority must ‘give preference to’ a placement with a connected person i.e. a relative, friend or other person connected with the child, reflecting the principle that children should, wherever possible be brought up in their families and communities, if they cannot remain with their parents.
In accordance with section 22C(7) to (9), the responsible authority must ensure that, as far as reasonably practicable, the placement:
allows the child to live near his/her home;
does not disrupt his/her education (particularly at Key Stage 4);
enables the child and his/her sibling to live together, if the child has a sibling who is also looked after by the local authority;
provides accommodation which is suitable to the child’s needs if the child is disabled; and
is within the local authority’s area
In ideal circumstances, the proposed placement should meet all of the above criteria. However, this is not always possible and difficult decisions and compromises may have to be made.
Permanence
Although unavoidable in some circumstances, it is not in the best interests of a looked after child to be moving between short-term placements. The objective of planning for permanence is to ensure that children have a secure, stable and loving family to support them through childhood and beyond and to give them a sense of security, continuity, commitment, identity and belonging.
There are a number of ways that an individual child can be placed in a permanent placement. These include:
Family and Friends Foster Care
Child Arrangement Orders
Special Guardianship Orders (SGO)
Adoption
Long Term Foster Care
Return to birth family
NOTE: It is only through Family and Friends Foster Care or Long Term Foster Care that the child’s status remains looked after.
Termination of placement
When the responsible authority proposes to terminate a placement (Regulation 14) they must carry out a review of the child’s case and ensure that the views of all the people concerned have been heard, including the child (sufficient to his/her age and understanding) as well as parents (where appropriate), the child’s carer and other people who were notified when the placement was made. The review will provide the opportunity to consider what, if any, support and services could be provided which would avoid the need to terminate the placement. If that is not possible the review will provide a forum for considering what would be the most appropriate new placement for the child, taking account of any concerns which have led to the decision to terminate the current placement.
Contents
Can a young person remain with their foster carers beyond the age of 18?
What can I do if I am unhappy with the assessment process or support provided?
Contact us
If you need to speak to us you can call us on this number:
FAMILY: 0300 330 5480
Contact a parent who knows what you have been going through:
07555650853
EDUCATION: 0300 330 5485
Note that the demand for this line is high and you may not get through at the first attempt. Please see here for more information.
We also provide an email advice service on education and family law. To use this service please use the relevant link below. Please be sure to read the terms and conditions thoroughly before using the contact form.
Email advice relating to education law
Email a parent who knows what you have been going through
c_love888@live.com
Services for children leaving care
This section explains the duties of the local authority to provide services and support for children who are currently looked after or have been looked after once they reach the age of 16 and what you can do for yourself when you reach 18.
AS A GROUP OF PARENTS THAT HAVE ALL HAD THEIR CHILDREN REMOVED FROM THEM, OFTEN FOR MADE UP REASONS, WE WOULD ADVISE ANY CHILD LEAVING CARE THAT IF YOUR PARENT/ PARENTS DID NOT EVER DO HARM TO YOU. OR iF YOU WERE TOLD THAT THEY DID, or that your parents are manipulative liars BY THE FOSTER CARER OR ADOPTIVE PARENT OR SOCIAL WORKER, THE CHANCES ARE THAT YOUR PARENTS HAVE BEEN waiting FOR YOUR RETURN TO THEM FOR MANY YEARS.
AT ANY AGE YOU ARE ENTITLED TO FIND YOURSELF A SOLICITOR
AT THE AGE OF 18 YOU ARE ENTITLED TO MAKE DECISIONS FOR YOURSELF AND YOU CAN DEMAND YOUR PARENTS ADDRESS AND PHONE NUMBER AND YOU CAN GO HOME TO YOUR PARENTS.
OFTEN WE HEAR THE SAME STORY THAT CHILDREN IN CARE HAVE BEEN PROMISED BURSARIES AND A HOME OF THEIR OWN AT 18. THESE THINGS ARE NEVER FORTHCOMING. WE HAVE SEEN THE CHILDRENS HOMES THAT YOUNG PEOPLE HAVE BEEN PLACED INTO WHEN A CHILD CHOOSES TO LEAVE FOSTER CARE. THESE ARE CALLED MOVING ON PLACEMENTS. THE RESIDENTS ARE USUALLY OTHER LOOKED AFTER CHILDREN THAT HAVE BEEN LET DOWN BY THE SYSTEM.
FROM THE AUTHOR OF THIS website, MY SON LEFT FOSTER CARe SUICIDAL AND SELF HARMING AFTER YEARS OF FAILING IN SCHOOL AND NEVER HAVING BEEN ABLE TO GET EMOTIONAL SUPPORT, HE WENT UNDIAGNOSED OF AUTISTIC SPECTRUM DISORDER (ASD) THIS IS A CONDITION THAT AFFECTS SOCIAL INTERACTION, COMMUNICATION, INTERESTS AND BEHAVIOUR. IN CHILDREN WITH ASD, THE SYMPTOMS ARE PRESENT BEFORE THREE YEARS OF AGE.
THOUSANDS OF CHILDREN LIKE YOU ARE BEING LET DOWN BY THE SYSTEM AND SO AS PARENTS WHO HAVE BEEN THROUGH ALL OF THIS WITH OUR OWN CHILDREN WE RECOMMEND THAT IF YOU FIND YOURSELF ABANDONED THIS WAY BY SERVICES WHO YOU CANNOT MAKE CONTACT WITH AFTER LEAVING CARE, AND YOU HAVE NO MEMORY OF ANY WRONGDOING BY YOUR PARENTS PLEASE CONTACT YOUR PARENTS. THEY WILL BE WAITING EAGERLY FOR YOUR CALL.
YOU CAN ALSO EMAIL c_love888@live.com TO GET HELP FROM A PARENT WHO KNOWS.
WHAT SOCIAL SERVICES ARE SUPPOSED TO DO FOR YOU.
The Children Act 1989 places duties on Local Authorities towards ‘looked after’ and previously ‘looked after’ children as they exit the care system.
All children who are over 16 and leaving care fall within one of the following categories:
eligible child;
relevant child;
former relevant child; OR
other qualifying care leavers
Particular duties will be placed on the Local Authority if the child meets a certain criteria, as described in the table below:
Eligible Child
Schedule 2, Paragraph 19B CA 1989
Aged 16 or 17
Looked after by children’s services for a period of 13 weeks since the age of 14
Currently looked after
A Personal Advisor
A Needs Assessment
A Pathway Plan
Receive all the care and support they normally receive until they leave care
Relevant Child
Aged 16 or 17
Looked after by children’s services for a period of 13 weeks since the age of 14
Looked after for a period of time after their 16th birthday
No longer looked after
A Personal Advisor
A Needs Assessment
A Pathway Plan
Accommodation and maintenance
financial support to meet education, training and employment needs
Former Relevant Child
Aged between 18 and 21 OR between 18 and 25 if still in full-time education
Previously an eligible child and/or a relevant child
A Personal Advisor
A Pathway Plan, kept under regular review
Assistance with employment, education and training
Assistance with accommodation
Help with living costs
Qualifying Care Leaver
Section 24 CA 1989
Aged between 16 and 21 OR between 16 and 25 if still in full-time education
Looked after by children’s services on, or after, their 16th birthday and no longer looked after
Spent less than 13 weeks in care since 14th birthday, i.e. do not fulfill criteria for eligible or relevant child
Help with living expenses and if they are in higher education they may also help with securing vacation
accommodation
advice and assistance from Children’s Services, which may, be in cash