Legislation and Definitions
1. Core Legal Framework
- The Children Act 1989 sets out all major duties for Local Authorities, including the requirement to safeguard and promote the welfare of children in their care. [gov.uk]
- It also establishes the legal basis for Care Orders, Section 20 voluntary accommodation, Section 17 Children in Need, and Section 47 safeguarding investigations. [gov.uk]
2. Major Amendments
- Children (Leaving Care) Act 2000 – strengthens support for young people aged 16–21 (or up to 25 if in education/training). [gov.uk]
- Adoption and Children Act 2002 – modernises adoption law and updates the definition of harm. [gov.uk]
- Children and Young Persons Act 2008 – reinforces Local Authorities’ duties as corporate parents. [gov.uk]
3. Care Planning & Review
- The Care Planning, Placement and Case Review Regulations (2010) guide how Local Authorities create care plans, make placement decisions, and carry out statutory reviews. [gov.uk]
- The IRO Handbook sets out responsibilities for Independent Reviewing Officers in overseeing care plans. [gov.uk]
4. Care Orders (Section 31) A court may only issue a Care Order if:
- The child is suffering or likely to suffer significant harm, and
- The harm is due to inadequate care or the child being beyond parental control.
[commonslib...liament.uk]
A Care Order gives the Local Authority shared parental responsibility with parents.
5. Voluntary Accommodation (Section 20)
- Parents agree for their child to be accommodated; the Local Authority does not obtain parental responsibility.
- The child is Looked After if accommodated for more than 24 hours.
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6. Who Is a Looked After Child?
- They are under a Care Order, or
- They are provided with accommodation under Section 20 for more than 24 hours.
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Eligible / Relevant / Former Relevant young people are defined by age and time spent in care.
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7. Corporate Parenting: Local Authorities and partners must act as a “good parent”, promoting children’s welfare, safety, health, stability, and long‑term outcomes.
[gov.uk]
8. Permanence Planning
- Every child should have a permanence plan by their second Looked After Review.
- Options include reunification, kinship care, long‑term fostering, Special Guardianship, or adoption.
[gov.uk]
9. Key Recent Developments (2024–2026)
- Looked After Children (Distance Placements) Bill 2024–25 proposes annual reporting on out‑of‑area placements and local/national sufficiency plans. (Not yet law)
[commonslib...liament.uk] - Updated GOV.UK statutory guidance list (2025) confirms continued use of core 1989 Act guidance and care planning regulations.
[gov.uk] - New Initial Health Assessment Standards (2025) and updated Safeguarding Competencies (2025) strengthen practice expectations for health and wellbeing.
Definitions of Key Terms – Children in Care
Looked After Child (LAC): A child who is either under a Care Order or is being accommodated by the Local Authority for more than 24 hours under Section 20 of the Children Act 1989.
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Care Order (Section 31): A court order made when a child is suffering, or likely to suffer, significant harm due to inadequate care or being beyond parental control. Gives the Local Authority parental responsibility alongside the parents.
[commonslib...liament.uk]
Section 20 Accommodation (Voluntary Accommodation): A voluntary arrangement where parents agree to the Local Authority accommodating their child. The Local Authority does not receive parental responsibility.
[gov.uk]
Parental Responsibility (PR): All the legal rights and duties a parent (or person with PR) has for a child’s care and upbringing. An unmarried father gains PR if named on the birth certificate.
[gov.uk]
Significant Harm: Ill‑treatment or impairment of health or development, including harm from seeing or hearing the ill‑treatment of another. Covers physical, emotional, intellectual, social, behavioural, and mental health development.
[gov.uk]
Eligible Child: A Looked After young person aged 16–17 who has been in care for at least 13 weeks since age 14, including some time after turning 16.
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Relevant Child: A 16–17-year‑old who was an Eligible Child but is no longer Looked After.
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Former Relevant Child: A care leaver aged 18+ who was an Eligible or Relevant Child. The Local Authority must provide support until age 21—or 25 if they are in education or training.
[assets.pub...ice.gov.uk]
Corporate Parenting: The responsibility of Local Authorities and partner agencies to act as the best possible parent, promoting the child’s wellbeing, safety, learning, health, and long‑term outcomes.
[gov.uk]
Permanence / Permanence Planning: A long‑term plan providing a child with stability and a sense of belonging—emotionally, physically, and legally. A permanence plan should be in place by the second LAC Review.
[gov.uk]
Special Guardianship Order (SGO): A legal order giving carers parental responsibility for most decisions while maintaining links to the birth family. Under an SGO, the child is no longer Looked After.
[gov.uk]
Adoption: A permanent legal process transferring full parental responsibility to adopters and ending all legal ties with the birth family.
[gov.uk]
Residence Order / Child Arrangements Order: An order specifying who a child lives with. A non‑parent with this order holds parental responsibility for its duration.
[gov.uk]
Section 17 – Child in Need: A child whose health or development may be impaired without Local Authority support, including disabled children. The Local Authority must provide appropriate services to the child and family.
[gov.uk]
Section 47 – Duty to Investigate: A duty to investigate when there is reasonable cause to suspect a child is suffering or is likely to suffer significant harm.
[gov.uk]
Independent Reviewing Officer (IRO): Chairs Looked After Child Reviews, ensures plans meet the child’s needs, and challenges delays or poor practice.
[gov.uk]
Distance Placement (Emerging term): A placement 20+ miles from a child’s home. The Looked After Children (Distance Placements) Bill (2024–25) proposes new duties for reporting and planning around such placements.
