Q&As

Assuming that an arrangement under section 20 of the Children Act 1989 can only be ended by a parent expressly objecting to the continuation of section 20 and that parent being both willing and objectively able to accommodate the child themselves, is it right that a looked after child (LAC) under section 20 who attends a 38-week residential school placement returns home because the child’s school is closed due to coronavirus (COVID-19) (for two weeks) retains LAC status?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on: 24 November 2020

A child is deemed to be looked after by a Local authority if the child is either ‘in their care’ or is provided with accommodation by the Authority in the exercise of any functions which are social services functions (section 22(1) of the Children Act 1989 (ChA 1989)). ‘Social services functions’ are defined in Schedule 1 to the Local Authority Social Services Act 1970. ‘Accommodation’ means accommodation which is provided for a continuous period of more than 24 hours (ChA 1989, s 22(2)).

A child will be a ‘Looked after child’ if accommodated by the local authority

Katherine Illsley
Katherine Illsley

4 King’s Bench Walk

Katherine’s family practice covers matrimonial finance, TOLATA, Schedule 1, and private law children proceedings. She has experience acting for local authorities, guardians and parents in public law children cases, including in cases involving allegations of non-accidental injuries.

Katherine also is regularly instructed in housing and property work, and due to the frequent crossover with family law has a particular interest in cases involving trusts.

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Jurisdiction(s):
United Kingdom
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Key definition:
Looked after child definition
What does Looked after child mean?

A child who is in care or provided with on-going accommodation by children's social services.

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