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Children in Care

Asked by Mr Peter BedfordConservativeDepartment for EducationTabled Answered 29 January 2025UIN 25583

The question

To ask the Secretary of State for Education, which local authority is responsible for children's care when they are relocated to a privately run children's home by a local authority.

Answered by Janet Daby

The local authority which has responsibility to provide services for a looked after child will be the authority within which the child is when the responsibility arises, for example when they are subject to a Section 20 or Care Order. This duty remains in place when a child is placed in a privately run children’s home, even if this home is located outside of the local authority.

Under Section 22G of the Children Act 1989, local authorities have a duty to ensure that they provide accommodation that meets children’s needs and is within the authority’s area. The decision to place a looked after child outside the area of the responsible authority (including a placement outside England) must not be put into effect until it has been approved by a nominated officer, and, if the placement is at a distance, the director of children’s services. The responsible authority must notify the authority area of the child’s placement, but responsibility for the child remains with the placing local authority.

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