The following Family guidance note Produced in partnership with Maud Davis of TV Edwards LLP provides comprehensive and up to date legal information covering:
This Practice Note distinguishes between English and Welsh law, which are quite different in many ways, in both statute and regulations, while setting out areas of law that are common to both countries.
A child is looked after if they are in the local authority’s care (which includes both interim care orders and full care orders), or if they are accommodated by the local authority under any of its social services functions other than certain exceptions. These are:
sections 17, 23B and 24B of the Children Act 1989 (ChA 1989) (in England)
sections 15, 109, 114 and 115 of the Social Services and Well-being (Wales) Act 2014 (SSW(W)A 2014) (in Wales), and
SSW(W)A 2014, Pt 4 (in Wales)
When balancing the available options, the court must consider the welfare checklist in full, including the proportionality of state interference with rights under Article 8 of the European Convention of Human Rights. See also Practice Note: Welfare principle in public law proceedings.
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,
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234