Children in Care - Who is a 'Looked After Child'?

A child is looked after if they are in the care of the Local Authority for more than 24 hours.

They might be living:

• With foster parents
• At home with their parents under the supervision of social services
• In residential children’s homes
• Other residential settings like schools or secure units.

Children are taken into care for a variety of reasons, the most common being to protect a child from abuse or neglect. In other cases their parents could be absent or may be unable to cope due to disability or illness or the child’s behaviours.

There are 2 two main routes into the ‘looked after’ system:

• Being accommodated under section 20 Children Act 1989; or
• Being made the subject of a Care Order under section 31 Children Act 1989.

Under section 20, children and young people can be ‘accommodated’ with the consent of those with Parental responsibility. If the young person is 16 or 17 years old, they do not need the consent of those with Parental responsibility in order to be accommodated by the Local Authority.

Any person who has Parental Responsibility can remove the child from accommodation provided by or on behalf of the Local Authority at any time, without giving notice (section 20). If the young person is 16 or 17 years old, they can leave the accommodation without parental consent. Section 20 is based on co-operation between the Local Authority, the young person and their parents; the court is not forcing the child or young person to be looked after.

The only way the Local Authority can prevent a child from being removed from their care, if previously placed under section 20, is to obtain a Care Order or an Emergency Protection Order. In addition, the police may temporarily remove a child from family and place him/her in care in an emergency situation exercising their police protection powers.

If a child or young person is being accommodated by the Local Authority, the Local Authority must have regard to their views, taking into account their age and understanding. Before making any decision with respect to a child whom they are either looking after, or proposing to look after, a Local Authority should try and ascertain the wishes and feelings of the child. In addition, the Local Authority must obtain the views of parents, anyone who has parental responsibility and any other relevant person.

There is a requirement for the Local Authority to hold a Looked After Child (LAC) Review within 4 weeks and a second review within 3 months after the first review. The LAC Review is chaired by an Independent Reviewing Officer and will include the child, parents, Social Worker, educational professionals, health care professionals and any other agencies involved with the child.

A child will stop being ‘looked after’ when they are either adopted, placed with family members or returned home (not under a Care Order) or turn 18. The Local Authority will continue to support children leaving care at 18 until they reach 21.

Jo Taylor
March 2018