Looked After Child

Section 22 of the Children Act 1989 provides that 'any reference to a child who is looked after by a local authority is a reference to a child who is' either in the authority's care under a care order, or provided with accommodation by the authority in the exercise of its social services functions (other than certain excluded functions). For the purposes of the accommodation limb, 'accommodation' means accommodation which is provided for a continuous period of more than 24 hours.

Once a child falls within the definition, the local authority comes under specific statutory duties. It must, so far as reasonably practicable, safeguard and promote the child's welfare, and make such use of services available for children cared for by their own parents as appears reasonable in the child's case. A later amendment added an express duty to promote the child's educational achievement, and required authorities to appoint at least one officer responsible for discharging that duty.

The Act also requires the authority, before making any decision about a looked after child, to ascertain so far as reasonably practicable the wishes and feelings of the child, the child's parents, anyone with parental responsibility, and any other person whose views the authority considers relevant, and to give due consideration to those views alongside the child's religious persuasion, racial origin and cultural and linguistic background. These duties can be displaced only where necessary to protect the public from serious injury, including where the Secretary of State gives a direction to that effect.