Who are looked after children?
'Looked after children' (LAC) means children in public
care, who are placed with foster carers, in residential homes or
with parents or other relatives.
Definition of a looked after child
Children (under 18) may be 'looked after' by local authorities
(e.g. Kent County Council) under a number of legal
arrangements:
Looked after children subject to some form of legal order:
- Children under a (criminal law) supervision order with a
residence need to live in local authority accommodation.
- Children who have appeared in court and have been bailed to
reside where the local authority directs - and are being provided
with a local authority funded placement.
- Children who are remanded to the local authority where release
on bail has not been granted.
- Children under a court ordered secure remand and held in
council accommodation.
- Children who are subject to a secure accommodation order where
the local authority is funding the cost of the secure placement.
They are not looked after if the young person is in secure
accommodation due to their offending, and the cost of the placement
is funded by the home office.
Accommodated children:
- Children in a placement that is either directly provided by the
local authority or by an approved agency on behalf of the
local authority.
Unaccompanied asylum seeking children:
Following LAC (2003) 13 Guidance and the Hillingdon Judgement
there is a clear legal need to respond to unaccompanied
asylum seeking children as 'looked after children' under the
Children
Act 1989 (scroll down to section 20).
Children accommodated in Health Authority, NHS Trust or
Education Placements
If a child is provided with accommodation by a health authority,
NHS Trust or local authority for more than 3 consecutive months,
the Children
Act 1989, section 85 applies and the health authority, NHS
Trust or LA must notify the responsible Social Services
directorate. Following assessment, it may be appropriate for the
child to become looked after under the Children
Act 1989 (scroll down to section 20) or under a court
order if necessary to promote and safeguard their welfare.
Joint funded placements
Many children with special needs are placed in specialist
education or health placements on a joint funded basis with social
services. If the primary purpose of the placement is to meet the
educational or health needs of the child and it is not a 52-week
placement, then they are not 'looked after'.
If a joint funded placement is made to meet the child's social
as well as their educational or health needs (e.g. there are child
protection concerns or parenting issues) they should be considered
as looked after under the Children
Act 1989 (scroll down to section 20).