Ways to accommodate looked after children – CA 1989 s.22C
Place with parent/person with parental responsibility first; otherwise most appropriate placement (relative preferred). Different rules if adoption considered.
22C This section applies where a local authority are looking after a child (“C”). The local authority must make arrangements for C to live with a person who falls within subsection (3) (but subject to subsection (4. A person (“P”) falls within this subsection if— P is a parent of C; P is not a parent of C but has parental responsibility for C; or in a case where C is in the care of the local authority and there was a child arrangements order in force with respect to C immediately before the care order was made, P was a person named in the child arrangements order as a person with whom C was to live . Subsection (2) does not require the local authority to make arrangements of the kind mentioned in that subsection if doing so— would not be consistent with C's welfare; or would not be reasonably practicable. If the local authority are unable to make arrangements under subsection (2), they must place C in the placement which is, in their opinion, the most appropriate placement available. In subsection (5) “ placement ” means— placement with an individual who is a relative, friend or other person connected with C and who is also a local authority foster parent; placement with a local authority foster parent who does not fall within paragraph (a); placement in a children's home in respect of which a person is registered under Part 2 of the Care Standards Act 2000 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) ; or subject to section 22D, placement in accordance with other arrangements which comply with any regulations made for the purposes of this section. In determining the most appropriate placement for C, the local authority must, subject to subsection (9B) and the other provisions of this Part (in particular, to their duties under section 22)— give preference to a placement falling within paragraph (a) of subsection (6) over placements falling within the other paragraphs of that subsection; comply, so far as is reasonably practicable in all the circumstances of C's case, with the requirements of subsection (8); and comply with subsection (9) unless that is not reasonably practicable. The local authority must ensure that the placement is such that— it allows C to live near C's home; it does not disrupt C's education or training; if C has a sibling for whom the local authority are also providing accommodation, it enables C and the sibling to live together; if C is disabled, the accommodation provided is suitable to C's particular needs. The placement must be such that C is provided with accommodation within the local authority's area. Subsection (9B) applies (subject to subsection (9C where the local authority ...— are considering adoption for C, or are satisfied that C ought to be placed for adoption but are not authorised under section 19 of the Adoption and Children Act 2002 (placement with parental consent) or by virtue of section 21 of that Act (placement orders) to place C for adoption. Where this subsection applies— subsections (7) to (9) do not apply to the local authority, the local authority must consider placing C with an individual within subsection (6)(a), and where the local authority decide that a placement with such an individual is not the most appropriate placement for C, the local authority must consider placing C with a local authority foster parent who has been approved as a prospective adopter. Subsection (9B) does not apply where the local authority have applied for a placement order under section 21 of the Adoption and Children Act 2002 in respect of C and the application has been refused. The local authority may determine— the terms of any arrangements they make under subsection (2) in relation to C (including terms as to payment); and the terms on which they place C with a local authority foster parent (including terms as to payment but subject to any order made under section 49 of the Children Act 2004). The Secretary of State may make regulations for, and in connection with, the purposes of this section. For the meaning of “local authority foster parent” see section 105(1).
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
The local authority looking after a child must first try to arrange for the child to live with a parent, a person with parental responsibility, or (if a care order replaced an earlier child arrangements order) the person named in that order. This requirement does not apply if it would harm the child's welfare or is not reasonably practicable.
If that is not possible, the authority must place the child in the most appropriate placement from a hierarchy: first preference to a relative, friend or connected person who is also a local authority foster parent; then other local authority foster parents; then a registered children's home; then other arrangements complying with regulations. When choosing, the authority must give preference to the relative placement, ensure the placement is near home, does not disrupt education, allows siblings to live together if possible, and is suitable for disabled children, and must be in the authority's area unless adoption is being considered.
If adoption is being considered (but not yet authorised), the above criteria about location etc. do not apply; instead the authority must consider placing with a relative or, if that is not appropriate, with a foster parent approved as a prospective adopter.
When it applies
- A child is taken into care and the local authority must first see if the child can live with a grandparent who is a registered foster parent.
- A child in care had a previous child arrangements order naming the father as the person to live with; the authority must consider placing the child with him.
- No relative is available, so the authority chooses a foster family near the child's school to avoid disrupting education.
- The authority is considering adoption for a baby and therefore does not need to follow the normal placement location rules, but must consider placing with a relative or a foster parent approved as a prospective adopter.
- A disabled looked-after child requires a specially adapted home; the authority must ensure the placement meets those particular needs.
What this section does not say
- This section does not apply to children who are not 'looked after' (e.g., children living at home under a supervision order); those are covered by sections 20 and 21 of the same Act.
- It does not set out the local authority's general duty to safeguard and promote the child's welfare – that is in section 22.
- It does not govern the process of reviewing a placement before making alternative arrangements – that is in section 22D.
- It does not apply to children in police protection or detention – those are covered by section 21.
Related sections
That's the law. Now let's settle your problem.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
Or open a session directly and invite the other party.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of CA 1989 s. 22C 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.