Local authority duties to children

Local authority duties towards children looked after by them

A child who is either subject to a care order (including an interim care order), or provided with accommodation by the local authority under section 20 of the Children Act 1989 (ChA 1989), is a ‘looked after’ child. A local authority has two main duties to any child who is looked after:

  1. to safeguard and promote the child’s welfare, and

  2. to make such services available for children as are reasonable in the child’s case

If a child is going to become looked after, whether under a voluntary arrangement or otherwise (or if not practicable, within ten days of becoming looked after), the local authority must prepare a care plan.

A local authority has to provide all children looked after by them with accommodation and maintain them as is necessary, and there is an order of precedence as to where a child should live.

See Practice Note: Local authority duties towards children looked after by them.

Duty to provide advice and assistance for certain children and young persons

Certain children

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Latest Family News

High Court judgment demonstrates usefulness of section 423 of the Insolvency Act 1986 in Schedule 1 claims (Re P (A Child) (Financial Provision))

Family analysis: In this Schedule 1 case the mother received, for her son’s benefit: a housing fund of nearly £1m (the property to be held on trust); child maintenance (including ‘HECSA’/carer’s allowance) until completion of his first degree; and lump sums in respect of his capital needs and her own substantial liabilities (chiefly relating to her unpaid legal fees). The father (whose resources could be measured in the ‘tens of millions of pounds’) had sought to prejudice the mother’s claims via transferring his valuable shares to family members, who then transferred the same into a trust structure (settled under Czech law). A further onwards transfer was then made of the trust’s assets into a Liechtenstein foundation. Inferences were drawn by the court in respect of the level of the father’s wealth, and specifically as to the value of the transferred shares. Detailed findings were made against him in respect of the identified transactions, which had been the focus of the mother’s section 423 application. Although a section 423(2) order was not actually made, the application was adjourned pending the father’s compliance with the award, with security in the sum of £600,000 also ordered, alongside a continuation of the freezing orders made earlier in the proceedings. David Wilkinson, solicitor at Slater Heelis, considers the issues.

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