Legal Framework
Last updated: October 7, 2008
Table of Contents
29. Looked after children
This is the generic term for all children who are in the care of the local authority and usually are living with foster carers, parents, other relatives or in a residential establishment.
Children and young people under the age of 18 years may be ‘looked after’ by any local authority under a range of legal arrangements, these are:
- care order : section 31 Children Act 1989
- interim care order : section 38 Children Act 1989
- emergency protection order : section 44 Children Act 1989
- supervision order with a residence requirement to live in local authority accommodation
and children / young people 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
- are remanded to the local authority where release on bail has not been granted
- are under a court ordered secure remand and held in council accommodation
- are subject to a secure accommodation order where the local authority is funding the cost of the secure placement. However if the young person is in secure accommodation due to their offending, and the cost of the placement is funded by the home office they are not ‘looked after’.
