3.6 Looked After Children and Other Children Living Away From Home
A child is ‘looked after’ (in care) if they are in the care of the local authority for more than 24 hours. Children can be in care by agreement with parents or by order of a court. Under the Children Act 1989, a child is legally defined as ‘looked after’ by a local authority if he or she:
- gets accommodation from the local authority for a continuous period of more than 24 hours
- is subject to a care order (to put the child into the care of the local authority)
- is subject to a placement order (to put the child up for adoption).
Children who are looked after may be living:
- with foster parents;
- at home with their parents under the supervision of Children’s Social Care;
- in a residential children’s home;
- with extended family members (known as kinship placements);
- with friends of the family (also known as non-relative placement); or
- other residential settings like boarding schools, hospitals, prisons, young offender institutions, secure training centres, secure units and army bases
Therefore, even though the child is looked after, they may not be living in what may be traditionally seen as a “care” environment. For more details please see the HIPS procedure. This is also relevant in relation to private fostering and foreign exchange visits.
Please see the following national guidance:
- NSPCC guidance on looked after chidren.
- Department for Education guidance on reducing criminalisation of looked after children and care leavers
- Department for Education guidance on promoting the education of looked-after children and previously looked-after children
- NICE quality standard on Looked after children and young people
Foster care and private fostering
- See Children and Families Moving Across Local Authority Boundaries Procedure for when a child is in a foster home outside the area of the responsible local authority.
- See Children (Private Arrangements for Fostering) Regulations 2005.
Children’s homes and residential schools
- See Department for Education (DfE) guidance and regulations on care planning, placement and case review.
Children in hospital
- National Service Framework for Children, Young People and Maternity Services (NSF)
- NICE, Transition from children's to adults' services for young people ising health or social care services
Children in Custody
- The local authorities' responsibilities are set out in Local Authority Circular (LAC) 2004(26).
- Legal Aid Sentencing and Punishment of Offenders Act 2012.