Terms for placing child in state-run home – CA 1989 s. 22E
Section 22E says that when a local authority places a looked-after child in a home run by central government, the terms are set by that government.
22E Where a local authority place a child they are looking after in a children’s home provided, equipped and maintained by the Secretary of State or the Welsh Ministers under section 82(5), they must do so on such terms as the Secretary of State or the Welsh Ministers (as the case may be) may from time to time determine.
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 places a child it is looking after into a children's home that is provided, equipped and maintained by the Secretary of State (in England) or the Welsh Ministers (in Wales) under section 82(5) of the same Act. It does not apply to homes run by the local authority itself or by private or voluntary organisations.
The key point is that the terms of the placement – such as payment, duration, and any conditions – are not decided by the local authority. Instead, they are set from time to time by the Secretary of State or the Welsh Ministers, whichever body runs the home. The local authority must place the child on those terms.
When it applies
- A council places a child in a secure children's home operated by the Department for Education in London.
- A Welsh local authority moves a looked-after child into a residential home run directly by the Welsh Government.
- The terms of a placement in a state-run children's home are changed by the Secretary of State, and the local authority must comply.
- A local authority negotiates with the Secretary of State's department over the cost of placing a child in a home provided under section 82(5).
What this section does not say
- This section does not apply to placements in children's homes run by the local authority itself or by private or voluntary providers – those are governed by other provisions (e.g., s.22C).
- It does not give the local authority the power to set or vary the placement terms – that power rests with the Secretary of State or Welsh Ministers.
- It does not address the child's care plan, contact arrangements, or the decision to place the child in the first place – those are covered by s.22 and other sections.
- It does not apply to placements under s.20 (provision of accommodation for children in need) or s.21 (police protection) unless the home is run by the Secretary of State or Welsh Ministers.
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This page reproduces the text of CA 1989 s. 22E 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.