Children Act 1989

Key principles of the 1989 Children Act that apply specifically to local authorities in relation to children looked after by them are:

• to safeguard and promote the child’s welfare [sec. 22(3)(a)]
• make use of services that are available for children cared for by their own parents [sec. 22(3)(b)]
• before making any decision about the child, to consult the child, taking into account his or her wishes and feelings [sec. 22(4)], and to give due consideration to his or her wishes, race, culture, religion and linguistic background [sec. 22(5)]
• to advise, assist and befriend the child with a view to promoting his or her welfare when ceased to be looked after [Sched. 2, para. 19A]
• to advise and befriend young people between the ages of 16 and 21 who are no longer looked after (as well as the power to assist them) [sec. 24A]
• to keep the child informed [Sched. 2, para. 1(2)], review the care plan at least every six months [sec. 26], and provide a procedure for making complaints [sec. 26]
• to work in partnership with families where reasonable [e.g., sec. 20(7)]
• to carry out their responsibilities to children on an inter-agency basis, as a ‘corporate parent’ [sec. 27].

Key definitions of the 1989 Act that are relevant to care leavers:

• Child in need: child who is unlikely to achieve or maintain a reasonable standard of health or development without local authority services, or their health or development is likely to be significantly impaired, or further impaired, without the services, or they are disabled [sec. 17(10)]
• Looked-after child: a child who is either in the care of a local authority under a care order, or who is provided with accommodation by a local authority [sec. 22(1)]; also covered are children or young people who are remanded into the care of a local authority [Note: although legally a child is only ‘in care’ or ‘in the care system’ if a care order has been made about them, in practice these terms are commonly used to refer to all children looked after by the local authority whether under a care order or as a result of being accommodated]
• Accommodation by a local authority: a service provided by the local authority to enable a child who is not under a care order to be cared for away from home for a continuous period of more than 24 hours [secs. 20, 21 and 22(2)]
• Accommodation for 16-year-olds: every local authority must provide accommodation for any child in need within their area who has reached the age of 16 and whose welfare they consider is likely to be seriously prejudiced if they do not do so [sec. 20(3)]
• Care order: an order made by a court placing a child in the care of a local authority [sec. 31], whereby the local authority acquires shared parental responsibility
• Person qualifying for advice and assistance: person between the ages of 16 and 21 (or older in certain cases) who at any time between the ages of 16 and 18 was looked after by a local authority or accommodated in certain ways or privately fostered, but is no longer so looked after, accommodated or fostered [sec. 24] [usually referred to as a ‘care leaver’. See note after ‘looked after’ above]
• Care plan: individual written plan for each looked-after child setting out the arrangements for safeguarding and promoting the child’s welfare [Arrangements for Placement of Children Regulations; Children Act Guidance, vol. 3]. Guidance to the Children Act 1989. Although the Guidance to the 1989 Act is still relevant to care leavers, the leaving care sections – Volume 3, Chapter 9, and Volume 4, Chapter 7 have been updatedand removed to the Guidance to the Children (Leaving Care) Act.