Review before alternative accommodation (CA 1989 s. 22D)
Before making alternative arrangements for a child under section 22C(6)(d), a local authority must review the child's case, unless urgent to safeguard welfare.
22D Where a local authority are providing accommodation for a child (“C”) other than by arrangements under section 22C(6)(d), they must not make such arrangements for C unless they have decided to do so in consequence of a review of C's case carried out in accordance with regulations made under section 26. But subsection (1) does not prevent a local authority making arrangements for C under section 22C(6)(d) if they are satisfied that in order to safeguard C's welfare it is necessary— to make such arrangements; and to do so as a matter of urgency.
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 applies when a local authority is already providing accommodation for a looked-after child in a placement that is not with a parent or person with parental responsibility (the arrangements in section 22C(6)(d)). Before it can move the child into such a placement, it must first carry out a review of the child's case in line with regulations made under section 26.
There is an exception: if the authority is satisfied that it is necessary to place the child with a parent urgently in order to safeguard the child's welfare, it may do so without waiting for a review. But the decision must still be based on a genuine emergency, not convenience.
The review itself is not described here; the detail of how reviews are conducted, who participates, and what factors are considered is set out in regulations under section 26 of the Children Act 1989.
When it applies
- A child in foster care is being considered for return to a parent; the local authority must review the case first unless there is an immediate safety concern.
- A child in a residential children's home is proposed to move to live with a relative under section 22C(6)(d); a review is required unless the move is urgent to protect the child.
- A local authority receives new information that a parent's circumstances have improved and wants to reunite the child quickly; they still need a review unless an emergency justifies skipping it.
- A child placed with extended family under a different arrangement (not s.22C(6)(d)) is now to be placed with a parent; the review requirement applies.
What this section does not say
- This section does not govern the initial decision to remove a child from a parent or to accommodate them in the first place (that falls under care proceedings or section 20).
- It does not cover reviews of a child's case generally; those are governed by regulations under section 26 and other duties in the Act.
- It does not apply when a child is already placed with a parent under section 22C(6)(d) and the local authority wants to change that placement to some other arrangement – different rules apply.
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. 22D 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.