How do children become looked after?

Why are children taken into care?

We have a duty under the Children's Act 1989 to ensure children are safeguarded from harm. The term 'looked after' is used when a child lives away from their family either as a voluntary arrangement or as a result of a court order. We will do everything we can to keep children living with their families or extended family and friends. Our Family and Friends Care policy (PDF, 216k) describes this process.

If we think a child is about to go into care, we will call a family group conference to talk about possible alternatives with the family and friends of that child.

Children become looked after when they are made subject to a legal order made by a court (such as a care order or emergency protection order or police protection) or accommodated at the request of their parent(s) or any other adults with parental responsibility for the child.

Emergency protection order

This is a legal order made by the court at the request of social services when there is concern that a child is at risk of significant harm. This could happen quite quickly and the child's parents would be notified in advance. The parents would also have a right to have legal advice.

Care orders

If a child is subject to a care order this means that the local authority (LA) has parental responsibility for the child. The LA would share parental responsibility with parents, although social services are able to make the final decision about what is best for the child if there is a disagreement. An interim care order is sometimes issued when legal proceeding are taking place and this also gives the LA parental responsibility for the child with the agreement of the court.

Police protection

In emergency situations where there is significant risk to a child the police can remove a child and place them in local authority accommodation. This can last up to 72 hours. If however the LA remains concerned about the care provided to the child any of the above orders can be applied for or with your agreement continue to look after the child.

Accommodation

If the child is accommodated, the LA does not have parental responsibility although they undertake day to day parental responsibilities for the child on behalf of the child's parents and any other adult who has parental responsibility for the child. Any decisions made about the child will be made together with the child's parents.

Asylum seeking children are accommodated when there is no appropriate adult available to take responsibility for them.