Fostering

Foster care for a ‘looked after’ children

A child is looked after if:

  1. they are in the local authority’s care (which includes both interim care orders and full care orders), or

  2. they are accommodated by the local authority under any of its other social services functions other than certain exceptions, ie:

    1. sections 17, 23B and 24B of the Children Act 1989 (ChA 1989) (in England)

    2. sections 15, 109, 114 and 115 of the Social Services and Well-being (Wales) Act 2014 (in Wales), and

    3. Social Services and Well-being (Wales) Act 2014, Pt 4 (in Wales)

There are notable differences between fostering provisions in England and in Wales.

See Practice Note: Public children—fostering.

Foster care in England

One of the most important local authority duties to accommodate children, other than through care proceedings, is the duty to provide accommodation for any child in need in its area who requires it as a result of the factors set out in ChA 1989, s 20(1). In ChA 1989, s 20 cases, before providing the accommodation,

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Latest Family News

Cafcass guidance on conflicting assessments in public law cases

The Children and Family Court Advisory and Support Service (Cafcass) has published new guidance for local authorities and Cafcass for cases where the views of the children’s guardian (and therefore their independent advice to the court) and the assessment of a local authority social worker and/or the independent reviewing officer fundamentally differ on the final care plan or interim arrangements for a child. The guidance applies to all children in care and supervision order applications under section 31 of the Children Act 1989 and deprivation of liberty applications. The guidance sets out the process that should be followed at any point during proceedings where a divergence arises and should be completed before final recommendations are submitted to court. The guidance requires that a pre-final hearing meeting be convened to identify and document the points of difference for the court. It includes suggestions for structuring the pre-final hearing meeting, a template agenda and a template for sharing the agreed rationale with the court. The guidance is not intended to be used to agree a joint position, rather to make sure that recommendations to court include a clear explanation about why the children’s guardian, the local authority social worker and/or the independent reviewing officer have reached fundamentally different positions. The explanation must set out what the points of difference are so that the judge in the case can better understand these. It remains for the court to decide what is safe and in the best interests of the child.

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