Looking after children in need

A child is being 'looked after' by the local authority when the local authority arranges for the child to live somewhere other than at home.

There are two ways in which a child can be looked after by the local authority. One is called 'being accommodated', the other is where the child is the subject of a court order.

Children being accommodated

When a child is being accommodated by the local authority this is a voluntary arrangement between the local authority and the family. This means that the parents keep all their rights and responsibilities for the child and the local authority does not take on any of those rights or responsibilities. The parents can therefore remove the child from the accommodation at any time.

Accommodation may be made available to a child who needs it for one of the following reasons:-

there is no one with legal responsibility for the child; or
the child is lost or has been abandoned; or
the person who has been caring for the child cannot continue to provide suitable care and accommodation for whatever reason.
If the local authority provides accommodation for a child it must draw up a plan with the family setting out the arrangements that will be made for the child. This must be in writing.

The child might live in a foster home or a children's home. The foster home could be the home of relatives or friends of the family.

The local authority must ensure that the child continues to have contact with her/his family and friends while s/he is being accommodated.

Children who are the subject of a care order

When a court has made an order in relation to the child, known as a care order, this means that the local authority will take on responsibility for the child together with the parents. The local authority will make arrangements for where the child should live, in discussion with the parents. However, the parents will not be able to remove the child if they do not agree with the local authority's proposals.

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