Local authority duties towards children “looked after” by them
A child who is either subject to a care order (including an interim care order) or provided with accommodation by the local authority under section 20 of the Children Act 1989, is a ‘looked after’ child. A local authority has two main duties to any child who is looked after:
- to safeguard and promote the child’s welfare, and
- to make such services available for children as are reasonable in the child’s case
Assessment of need for a child
A local authority has a positive duty to take reasonable steps to identify children in need within their area and, when identified, to assess those needs. A child is to be taken as in need, if, without services provided to them:
- they are unlikely to achieve or maintain, or have the opportunity of achieving or maintaining, a reasonable standard of health or development
- their health or development is likely to be significantly impaired, or further impaired
- they are disabled
The duty imposes an obligation on local authorities to provide a range and level of services.
Accommodating a child under Section 20
The Children Act 1989, s20 imposes a duty on every local authority to provide accommodation to children identified as in need who are resident in its area and who appear to require accommodation. This can mean that your child is removed from your care into accommodation provided by the local authority.
The Court of Appeal has clarified that Section 20 accommodation does not require parental consent to trigger either the duty or discretion of a local to accommodate a child under that provision. However, it is good practice for local authorities to continue to seek parental consent prior to accommodating a child under Section 20.
If the Local Authority is looking to remove your child under Section 20 or your child is made subject to an Interim Care Order you should seek legal representation. Please contact the experts at Battrick Clark to represent and advise you.