Local authority duties to children

Practice notes

Coronavirus (COVID-19)—children’s social care tracker

Coronavirus (COVID-19)—children’s social care trackerThis tracker is focused on children’s social care and is intended to be used to track key...

3rd Aug

COVID-19

Q&As

Do local authorities have any legal responsibilities for funding the provision of equipment and adaptations for children with disabilities residing in residential care homes?

Do local authorities have any legal responsibilities for funding the provision of equipment and adaptations for children with disabilities residing in...

1st Aug

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?

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...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 1st Aug

Q&As

Can the local authority continue care planning in line with a persons assessed age (not their claimed age), until receipt of a Judicial Review claim challenging the age assessment decision?

Can the local authority continue care planning in line with a persons assessed age (not their claimed age), until receipt of a Judicial Review claim...

1st Aug

Q&As

What powers does a local authority have to compel an academy to admit a looked after child who has moved foster placement during the school year, where the academy refuses to admit?

What powers does a local authority have to compel an academy to admit a looked after child who has moved foster placement during the school year,...

1st Aug

Q&As

Does section 1 of Children and Young Persons Act 2008 allow local authorities to delegate care functions to a charity?

Does section 1 of Children and Young Persons Act 2008 allow local authorities to delegate care functions to a charity?Section 1 of the Children and...

1st Aug

Q&As

Are there any rules around the recording of Child Protection Conferences? Can individuals record them via an electronic device despite the usual warning from the IRO about this? What offences might be committed?

Are there any rules around the recording of Child Protection Conferences? Can individuals record them via an electronic device despite the usual...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 1st Aug

Q&As

In what circumstances can a local authority be requested to assist the court in a private law children's action?

In what circumstances can a local authority be requested to assist the court in a private law children's action?There a number of ways in which a...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 1st Aug

Q&As

If a child lived in one area for most of their life and while an application for a Supervision Order was ongoing, then moved to a new area, which local authority has responsibility for supervision?

If a child lived in one area for most of their life and while an application for a Supervision Order was ongoing, then moved to a new area, which...

1st Aug

Q&As

Does a local authority have an obligation to provide continued respite services to a child with severe learning difficulties and autism who has reached 18 and the child’s parents have requested continuation of these services?

Does a local authority have an obligation to provide continued respite services to a child with severe learning difficulties and autism who has...

1st Aug

Q&As

Can a local authority be compelled to accommodate a child who is on the cusp of being beyond parental control where the adoption placement has broken down? What remedies are available to the adoptive parents in such situation?

Can a local authority be compelled to accommodate a child who is on the cusp of being beyond parental control where the adoption placement has broken...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st Aug

Q&As

What powers, duties and options do a local authority have to protect a child they suspect is vulnerable to child sexual exploitation?

What powers, duties and options do a local authority have to protect a child they suspect is vulnerable to child sexual exploitation?A helpful...

Produced in partnership with Matthew Haynes of St Ives Chambers 1st Aug

Q&As

Are there any exceptions to the general rule that a Zambrano carer of a British citizen child cannot access mainstream benefits?

Are there any exceptions to the general rule that a Zambrano carer of a British citizen child cannot access mainstream benefits?A right of residence...

Produced in partnership with Gary McIndoe of Latitude Law 31st Jul

Q&As

Local authorities have the discretion to make child arrangements order allowances under the Children Act 1989. Is there any guidance that deals with challenges to their decision to issue the allowance?

Local authorities have the discretion to make child arrangements order allowances under the Children Act 1989. Is there any guidance that deals with...

31st Jul

Q&As

What ongoing duties does a local authority have to an 18-year-old care leaver who has been a ward of the court for the past two years?

What ongoing duties does a local authority have to an 18-year-old care leaver who has been a ward of the court for the past two years?For the purposes...

Produced in partnership with Tim Earl, Solicitor to the Council and Head of Legal Services of Suffolk County Council 31st Jul

Q&As

What is a pathfinder plan?

What is a pathfinder plan?A pathfinder, or pathway plan is a mechanism for regular review of local authority provision for young people they have a...

31st Jul

Q&As

What duties does a school have when it receives a disclosure that a child is claiming sexual assault by another pupil? If a parent isn’t happy about the actions taken by the school what remedy do they have?

What duties does a school have when it receives a disclosure that a child is claiming sexual assault by another pupil? If a parent isn’t happy about...

Produced in partnership with Tim Earl, Solicitor to the Council and Head of Legal Services of Suffolk County Council 31st Jul

Q&As

How long must a local authority retain information relating to children’s service contacts needing no further action?

How long must a local authority retain information relating to children’s service contacts needing no further action?Children’s services recordsWe...

31st Jul

Q&As

Has the Secretary of State made any arrangement for provision of safeguarding reports by doctors pursuant to s 80(7) NHSA 2006? If so who is responsible for paying for them?

Has the Secretary of State made any arrangement for provision of safeguarding reports by doctors pursuant to s 80(7) NHSA 2006? If so who is...

31st Jul

Q&As

If a looked after child over the age of 18 leaves or is deported from the UK, does the local authority care responsibility cease to exist?

If a looked after child over the age of 18 leaves or is deported from the UK, does the local authority care responsibility cease to exist?This Q&A...

31st Jul

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