General duty to secure sufficient accommodation s.22G
Local authorities must take steps to secure sufficient local accommodation for looked after children not placed under s.22C(2), considering providers.
22G It is the general duty of a local authority to take steps that secure, so far as reasonably practicable, the outcome in subsection (2). The outcome is that the local authority are able to provide the children mentioned in subsection (3) with accommodation that— is within the authority's area; and meets the needs of those children. The children referred to in subsection (2) are those— that the local authority are looking after, in respect of whom the authority are unable to make arrangements under section 22C(2), and whose circumstances are such that it would be consistent with their welfare for them to be provided with accommodation that is in the authority's area. In taking steps to secure the outcome in subsection (2), the local authority must have regard to the benefit of having— a number of accommodation providers in their area that is, in their opinion, sufficient to secure that outcome; and a range of accommodation in their area capable of meeting different needs that is, in their opinion, sufficient to secure that outcome. In this section “ accommodation providers ” means— local authority foster parents; and children's homes in respect of which a person is registered under Part 2 of the Care Standards Act 2000.
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
Local authorities must take steps to ensure they can provide accommodation within their own area for looked after children when they cannot place them under section 22C(2) and it is in the child's welfare.
The duty is to secure that outcome so far as reasonably practicable. In doing so, they must consider the benefit of having a sufficient number of accommodation providers (local authority foster parents and registered children's homes) and a range of accommodation to meet different needs.
This section does not tell the authority exactly how many places to have, but requires them to take steps to achieve the outcome.
When it applies
- A local authority reviews its foster carer and children's home capacity to see if it can meet the needs of looked after children who cannot be placed with family under s.22C(2).
- A child with disabilities is looked after, and the authority must find a local placement that meets their needs rather than sending them out of area.
- A teenager in care cannot be placed with relatives, and the authority must ensure there is a suitable foster home or children's home in the borough.
- The authority identifies a shortage of placements for older children and takes steps to recruit more foster carers or register new homes.
What this section does not say
- This section does not give a child or parent a right to a specific placement or type of accommodation.
- It does not apply to children who can be placed with a parent, person with parental responsibility, or relative under s.22C(2).
- It does not require the authority to provide accommodation outside its own area.
- It does not cover the maintenance or day-to-day care of looked after children (dealt with in s.22B and s.22C).
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This page reproduces the text of CA 1989 s. 22G 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.