Duty to maintain looked after children CA 1989 s. 22B
Local authority must maintain looked after children (food, clothing, etc.) excluding accommodation. CA 1989 s.22B imposes this separate duty.
22B It is the duty of a local authority to maintain a child they are looking after in other respects apart from the provision of accommodation.
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 imposes a duty on local authorities to maintain children they are looking after, separate from the duty to provide accommodation. Maintenance includes food, clothing, school supplies, health needs, and other essentials for daily living.
The duty applies to any child the authority is looking after under the Children Act 1989 – this includes children in care, those provided with accommodation under section 20, and others accommodated by the authority. It is a general obligation to ensure the child's welfare beyond just having a place to live.
The duty under s.22B is distinct from the accommodation duties in sections 22, 22A, and 22C. It does not specify the precise items or amounts; regulations may define the scope further. This section creates an obligation on the authority, not a directly enforceable right for the child or parent.
When it applies
- A child in foster care needs a new school uniform; the local authority must provide it under the maintenance duty.
- A looked-after child requires dental treatment; the authority must arrange and pay for it as part of maintenance.
- A teenager in residential care needs a laptop for school; the authority must consider whether this falls under maintenance.
- A child placed with relatives under a care order needs ongoing financial support for food and clothing; the authority must maintain them.
What this section does not say
- This section does not cover the provision of accommodation – that is dealt with under sections 22, 22A, and 22C.
- It does not give an individual child or parent a right to claim specific items; it imposes a duty on the local authority.
- It does not apply to former looked-after children after they leave care; maintenance after leaving is governed by sections 23A to 23C.
- People sometimes think s.22B only applies to children in care, but it covers all looked after children, including those accommodated under section 20.
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This page reproduces the text of CA 1989 s. 22B 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.