just for kids law (1121638) looked after children

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Just for Kids Law (1121638) www.justforkidslaw.org Looked After Children

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Page 1: Just for Kids Law (1121638)  Looked After Children

Just for Kids Law (1121638) www.justforkidslaw.org

LookedAfter Children

Page 2: Just for Kids Law (1121638)  Looked After Children

Just for Kids Law (1121638) www.justforkidslaw.org

Definition of a Looked After Child

• Children Act 1989 s. 22(1)In this Act, any reference to a child who is looked after by a local authority is a reference to a child who is— (a)in their care; or (b)provided with accommodation by the authority

Page 3: Just for Kids Law (1121638)  Looked After Children

Just for Kids Law (1121638) www.justforkidslaw.org

Duty to Accommodate?

S20(1) Children Act 1989: Every local authority shall provide accommodation for any child in need within their area who appears to them to require accommodation as a result of—(a)there being no person who has parental responsibility for him;(b)his being lost or having been abandoned; or(c)the person who has been caring for him being prevented (whether or not permanently, and for whatever reason) from providing him with suitable accommodation or care

Page 4: Just for Kids Law (1121638)  Looked After Children

Just for Kids Law (1121638) www.justforkidslaw.org

When Duty to Accommodate Arises

• Duty arises immediately where nowhere safe to stay: para 2.16 of the DCSF guidance Provision of Accommodation for 16 and 17 year old young people who may be homeless and/or require accommodation https://www.education.gov.uk/publications/standard/publicationDetail/Page1/DCSF-15005-2010

• Parental consent required for under 16s• Also applies for bail addresses needed in an

emergency or accommodation on release from custody.

Page 5: Just for Kids Law (1121638)  Looked After Children

Just for Kids Law (1121638) www.justforkidslaw.org

Duty to Safeguard and Promote Welfare

Section 22(3)It shall be the duty of a local authority looking after any child— .(a)to safeguard and promote his welfare; and (b)to make such use of services available for children cared for by their own parents as appears to the authority reasonable in his case. .(3A)includes in particular a duty to promote the child’s educational achievement.] .

Page 6: Just for Kids Law (1121638)  Looked After Children

Just for Kids Law (1121638) www.justforkidslaw.org

Duties owed to Looked After Child

To provide accommodation for him (near or with family member if compatible with safeguarding & promoting welfare) in most appropriate placement available.To maintain him in other respects (financial and emotional support)Visits from LA social worker at least every 6 wksDuty to promote educational achievement: s22(3A) and Avoid disrupting education, in particular at key stage 4Care and Placement Plan so support implemented guidance www.education.gov.uk/publications/standard/Lookedafterchildren/Page1/DCSF-00185-2010

Page 7: Just for Kids Law (1121638)  Looked After Children

Just for Kids Law (1121638) www.justforkidslaw.org

Option to Accommodate

• Children Act 1989 s.20 (4)A local authority may provide accommodation for any child within their area (even though a person who has parental responsibility for him is able to provide him with accommodation) if they consider that to do so would safeguard or promote the child’s welfare.

Page 8: Just for Kids Law (1121638)  Looked After Children

Just for Kids Law (1121638) www.justforkidslaw.org

Parental Responsibility

But(7)A local authority may not provide accommodation under this section for any child if any person who(a)has parental responsibility for him; and (b)is willing and able to (i)provide accommodation for him; or (ii)arrange for accommodation to be provided for him, objects. (8)Any person who has parental responsibility for a child may at any time remove the child from accommodation.

Page 9: Just for Kids Law (1121638)  Looked After Children

Just for Kids Law (1121638) www.justforkidslaw.org

Wishes and Feelings

• Children Act 1989 22 (4) Duty to ascertain, as far as reasonably possible, wishes and feelings of (a)child (having regard to his age and understanding 22(5))(b) parents; (c)any person with parental responsibility(d)any other person whose wishes and feelings relevant,

• Due consideration given to above and religious persuasion, racial origin, cultural and linguistic background (22(5)(c) )

Page 10: Just for Kids Law (1121638)  Looked After Children

Just for Kids Law (1121638) www.justforkidslaw.org

Accommodation Must be Suitable

What constitutes suitable accommodation?• Not b&b or hostel, even in an emergency• Para 2.10 DCSF guidance: “The Secretary of

State considers that Bed and Breakfast accommodation is unsuitable for 16 and 17 year olds”

• Can be: foster care, children’s home, semi-independent, independent with floating support, independent

• Can also be with a relative or family friend

Page 11: Just for Kids Law (1121638)  Looked After Children

Just for Kids Law (1121638) www.justforkidslaw.org

Additional Duties if LAC in YDAGuidance and Regulations for former looked after children in custody https://www.education.gov.uk/publications/eOrderingDownload/DfE-00562-2010.pdf•LA must appoint representative to visit. Should usually be a qualified social worker employed, but not YOT worker. •Visit within 10 working days of entering custody, unless not reasonably practicable. Visit is to assess his needs whilst in custody and for release. Assessment should be completed within 20 working days•Thereafter rep must visit when reasonably requested

Page 12: Just for Kids Law (1121638)  Looked After Children

Just for Kids Law (1121638) www.justforkidslaw.org

Leaving Care Support -Crucial Time

• ‘Looked after’ for 13 weeks (or more): Regulation 40, Care Planning Regs 2010

• 13 weeks does not need to be continuous• This includes periods where the child has been

RLAA

Page 13: Just for Kids Law (1121638)  Looked After Children

Just for Kids Law (1121638) www.justforkidslaw.org

Leaving Care Support- Crucial AgesThe period they were looked after began after 14 and ended after 16.Eligible Child =16 -17 years old and currently ‘looked after’Relevant Child=16 / 17 year old. Not currently looked after but was looked after for 13 weeks Former Relevant Child =18-21 years old (up to 25 if in educationQualifying Young Person aged 16-21 (up to 24 in ed)Was accommodate between 16-18(has not met the 13 week period criteria)

Page 14: Just for Kids Law (1121638)  Looked After Children

Just for Kids Law (1121638) www.justforkidslaw.org

Leaving Care Support

Page 15: Just for Kids Law (1121638)  Looked After Children

Just for Kids Law (1121638) www.justforkidslaw.org

Leaving Care Support ProvisionAccommodation•Eligible Children the LA must provide •Relevant Children must provide unless LA satisfied their welfare does not require it•Former Relevant Children priority need for housing. Where they are not able to access mainstream housing , the LA must provide if welfare requires it (generally always)•Qualifying Young Persons LA has a discretion to provide. QYPs are also priority need for housing

Page 16: Just for Kids Law (1121638)  Looked After Children

Just for Kids Law (1121638) www.justforkidslaw.org

Leaving Care Support Provision

Financial SupportEligible children receive financial support from the

LA (they are Looked After)Relevant children receive financial support unless

LA satisfied welfare does not require itFormer Relevant Children - expected to access

mainstream benefits. If not possible entitled to support to the extent their welfare requires it.

Qualifying Young Persons LA discretion to provide financial support

Page 17: Just for Kids Law (1121638)  Looked After Children

Just for Kids Law (1121638) www.justforkidslaw.org

Leaving Care Support Provision

ContactEligible child must be visited by SW at least

every 6 weeksRelevant and Former Relevant Child Duty to

keep in touch Qualifying Young Person contact when LA

deems it appropriate to discharge its functions

Page 18: Just for Kids Law (1121638)  Looked After Children

Just for Kids Law (1121638) www.justforkidslaw.org

Personal Adviser

Reg 8 of Care Leavers (England) Regs 2010PA for all eligible, Relevant and Former Relevant Children.

(No PA for QYP: LA duty to ‘advise and befriend’)R (J) v Caerphilly CBC [2005] 2 FLR 860 : role of PA:

“advocate of the child in the course of the child’s dealings with the local authority. … He is, in a sense, a ‘go-between’ between the child and the local authority”

PA must be independent of LA – should not hold the purse strings Must participate in pathway plan reviews but cannot undertake them alone

Page 19: Just for Kids Law (1121638)  Looked After Children

Just for Kids Law (1121638) www.justforkidslaw.org

Pathway Plan

Reg 5 -7 of 2010 regs• For all eligible, Relevant and Former Relevant

Children Needs must first be assessed to then draw up pathway plan.

• R (J) v Caerphilly : “A pathway plan must spell out who does what, where and when”

• A v Lambeth LBC [2010] EWHC 2439 (Admin): must be “at an acceptable level of specificity… Pathway plan should be reviewed every 6 months at least

Page 20: Just for Kids Law (1121638)  Looked After Children

Just for Kids Law (1121638) www.justforkidslaw.org

Terminology• Child in Need (CIN): s17(10) Children Act 1989• Looked After Child (LAC): s22(1) CA 1989 • Eligible Child: para 19B, schedule 2, part 2 CA 1989• Relevant Child: s23A(2) CA 1989• Former Relevant Child: s23C(1) CA 1989• Qualifying Young person: s24(1) CA 1989• Pathway Plan: s23E CA 1989 & reg 4-7 Care Leavers

(England) Regulations 2010• Personal Adviser: s23D CA 1989 & reg 8 Care Leavers

(England) Regulations 2010