Where will a child in care live?

If the local authority has a care order for a child, whether this is an interim or final order, they will have parental responsibility for that child.  The local authority has to file a Care Plan and it is for them to decide where the child should live.

The local authority must consider whether it is safe and possible to place the child with one of the following people:

  • A parent
  • Someone who is not the child's parent but has parental responsibility for them
  • Someone who already has a child arrangements order granting them residence for the child before the care order was made

However, if it's not practical or in the best interest of the child to live with one of these people; they must look at other suitable arrangements for the child's care. Firstly they will consider the following people:

  • A relative
  • A friend
  • Another person who the child knows

Before the Local Authority places the child with a family member or friend they will need to assess the proposed carers to consider whether the placement is appropriate to meet the child’s needs.

What if they cannot place the child...

If they can't place the child with one of the above people, the local authority will then look at the following options:

  • A placement with a local authority foster parent who is not a relative, friend or other person who the child knows, or
  • A placement in a children's home, or
  • Another suitable arrangement for the child's care

If a local authority makes a placement for the child they must try to ensure the following needs are met:

  • The child can live near their home
  • The child's education or training is not disrupted
  • Siblings can live together if they are all in care
  • The placement is suitable for the child's needs if they are disabled

When a local authority decides where a child is going to live they must:

  • Look after the child's welfare and progress in school
  • Try to consider the wishes and feelings of people who are important in the child's life, including parents or people with parental responsibility
  • Try to consider the child's wishes, taking into account their age and level of understanding
  • Consider the child's religion, race, cultural background and first language

The local authority will try to agree the placement with the social worker, parents and child, unless the child needs secure accommodation.

If it isn't possible to agree, the local authority has the right to decide where the child should live without the consent of the parents or child.

Ofsted inspects children's homes and other accommodation for children in England. Inspection reports are available on its website at www.ofsted.gov.uk.

Foster carers

Fostering means that the social services department arranges for a child to live with foster carers. It enables a child to be cared for in a family environment. A child can be placed with foster carers long term, for example, when you are permanently unable to look after your child, or short term, for example when you are temporarily unable to look after your child because of illness in the family, or your child is in care but it is planned that s/he will return to you, relatives or friends. Foster carers can be:

  • a married couple
  • a same-sex couple, whether civil partners or cohabiting
  • an unmarried heterosexual couple
  • a single man
  • a single woman

The local authority recruits and selects foster carers. It decides whether or not a person is suitable to be a foster carer. Some people will not be considered suitable, for example, most people who have committed an offence against a child. No one has the right to be a foster carer. The local authority will decide in the interests of the child. Relatives and friends of children looked after by the local authority can be approved as foster carers for the children.

Children’s homes

Children’s homes can either be administered by local authorities, or by private or charitable organisations such as Barnados. They are run by paid staff. In general, children in children’s homes tend to be older. Younger children are placed wherever possible in foster homes.

Children will  be encouraged to participate in normal day to day activities within the community. They will usually attend local schools (although some children may go to special schools or the children’s home may have education provided) and be able to join youth clubs and sports clubs etc.

How will the decision be made

When deciding where your child should live the local authority will take into account a number of points including:-

  • your wishes as parents
  • your child's wishes
  • the need to place your child near your home so that your child can keep in touch with friends and relatives, if this will be good for your child
  • whether or not brothers and sisters should be kept together.
  • the availability of placements

Please do get in touch if you need any further information or advice. You can also find more information on Family Law on the Family Page of our website.