General duty for looked after children: CA 1989 s. 22
Local authority must safeguard and promote welfare of looked after children, including education, and consider child's wishes. Exception for public protection.
In this section , any reference to a child who is looked after by a local authority is a reference to a child who is— in their care; or provided with accommodation by the authority in the exercise of any functions (in particular those under this Act) which are social services functions within the meaning of the Local Authority Social Services Act 1970 , apart from functions under sections 17 23B and 24B . In subsection (1) “ accommodation ” means accommodation which is provided for a continuous period of more than 24 hours. It shall be the duty of a local authority looking after any child— to safeguard and promote his welfare; and to make such use of services available for children cared for by their own parents as appears to the authority reasonable in his case. The duty of a local authority under subsection (3)(a) to safeguard and promote the welfare of a child looked after by them includes in particular a duty to promote the child’s educational achievement. A local authority ... must appoint at least one person for the purpose of discharging the duty imposed by virtue of subsection (3A). A person appointed by a local authority under subsection (3B) must be an officer employed by that authority or another local authority .... Before making any decision with respect to a child whom they are looking after, or proposing to look after, a local authority shall, so far as is reasonably practicable, ascertain the wishes and feelings of— the child; his parents; any person who is not a parent of his but who has parental responsibility for him; and any other person whose wishes and feelings the authority consider to be relevant, regarding the matter to be decided. In making any such decision a local authority shall give due consideration— having regard to his age and understanding, to such wishes and feelings of the child as they have been able to ascertain; to such wishes and feelings of any person mentioned in subsection (4)(b) to (d) as they have been able to ascertain; and to the child’s religious persuasion, racial origin and cultural and linguistic background. If it appears to a local authority that it is necessary, for the purpose of protecting members of the public from serious injury, to exercise their powers with respect to a child whom they are looking after in a manner which may not be consistent with their duties under this section, they may do so. If the Secretary of State considers it necessary, for the purpose of protecting members of the public from serious injury, to give directions to a local authority with respect to the exercise of their powers with respect to a child whom they are looking after, the Secretary of State may give such directions to the authority . Where any such directions are given to an authority they shall comply with them even though doing so is inconsistent with their duties under this section.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section sets out the general duties of a local authority towards children they look after. A child is 'looked after' if the authority has them in care or provides them with accommodation for more than 24 hours.
The authority must safeguard and promote the child's welfare, and in particular must promote the child's educational achievement. They must appoint at least one officer for this purpose.
Before making any decision about a looked after child, the authority must, so far as reasonably practicable, find out the wishes and feelings of the child, their parents, anyone with parental responsibility, and others the authority considers relevant. They must give due consideration to these, taking into account the child's age, understanding, religion, racial origin, and cultural and linguistic background.
The authority may depart from these duties if necessary to protect the public from serious injury, and the Secretary of State can direct them to do so.
When it applies
- A foster carer reports that the local authority has not provided support for a looked after child's schooling, requiring the authority to promote the child's educational achievement.
- A looked after child, aged 15, tells their social worker they want to move to a particular foster placement, and the authority must ascertain and consider those wishes.
- A local authority is deciding whether to place a child in a residential home that matches the child's religious persuasion, and must give due consideration to that background.
- The Secretary of State gives directions to a local authority to restrict a looked after child's contact with family because of a serious risk to the public, overriding the usual welfare duty.
- A local authority appoints a designated officer to oversee the educational progress of all looked after children in their area.
What this section does not say
- Financial provision for children – this is dealt with under section 15 (orders for financial relief) and section 17 (services for children in need).
- Family assistance orders – these are governed by section 16.
- Risk assessments of family members – section 16A covers that.
- Parental responsibility itself – section 2 of the Act defines who has it and how it is acquired.
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This page reproduces the text of CA 1989 s. 22 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.