Local authority duties towards children looked after by them
Produced in partnership with Matthew Fletcher and Nasstassia Hylton of 1 Garden Court
Local authority duties towards children looked after by them

The following Local Government practice note produced in partnership with Matthew Fletcher and Nasstassia Hylton of 1 Garden Court provides comprehensive and up to date legal information covering:

  • Local authority duties towards children looked after by them
  • Duties of the local authority
  • Children and Social Work Act 2017
  • Children Act 1989

Please note the information in this Practice Note relates to the current law in England. The law in Wales in this area is covered by the Social Services and Well-being (Wales) Act 2014 and the related statutory instruments.

This Practice Note has been produced to assist practitioners in navigating local authority duties to children looked after by them. The structure of the note is to examine the most relevant sections of the Children Act 1989 (ChA 1989) and provide some assistance regarding their interpretation and a context for their use. Any relevant secondary legislation or guidance is referred to in the relevant section.

These sections are likely to be most relevant to practitioners who:

  1. represent the local authority, although it should be noted that this Practice Note does not address all local authority duties under the Act particularly in respect of notifications of local authority decisions to relevant bodies or the duties of local authorities to children who are leaving care

  2. are representing parents or Children's Guardians in care proceedings and who are seeking to persuade a court or local authority to place with particular persons or provide particular support

  3. are advising young people who are being looked after about the duties the local authority have to them

  4. are advising upon or in preparation for judicial review of the local authority for failing to meet their

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