(1)[F326 In this sectionF326] , any reference to a child who is looked after by a local authority is a reference to a child who is—
(a)in their care; or
(b)M12provided with accommodation by the authority in the exercise of any functions (in particular those under this Act) which [F327are social services functions within the meaning ofF327] the Local Authority Social Services Act 1970[F328 , apart from functions under sections [F329 17F329] 23B and 24BF328] .
(2) In subsection (1) “accommodation” means accommodation which is provided for a continuous period of more than 24 hours.
(3)It shall be the duty of a local authority looking after any child—
(a)to safeguard and promote his welfare; and
(b)to make such use of services available for children cared for by their own parents as appears to the authority reasonable in his case.
[F330 (3A)The duty of a local authority under subsection (3)(a) to safeguard and promote the welfare of a child looked after by them includes in particular a duty to promote the child’s educational achievement.F330]
[F331 (3B) A local authority F332 ... must appoint at least one person for the purpose of discharging the duty imposed by virtue of subsection (3A).
(3C) A person appointed by a local authority under subsection (3B) must be an officer employed by that authority or another local authority F333 .... F331]
(4)Before making any decision with respect to a child whom they are looking after, or proposing to look after, a local authority shall, so far as is reasonably practicable, ascertain the wishes and feelings of—
(a)the child;
(b)his parents;
(c)any person who is not a parent of his but who has parental responsibility for him; and
(d)any other person whose wishes and feelings the authority consider to be relevant,
regarding the matter to be decided.
(5)In making any such decision a local authority shall give due consideration—
(a)having regard to his age and understanding, to such wishes and feelings of the child as they have been able to ascertain;
(b)to such wishes and feelings of any person mentioned in subsection (4)(b) to (d) as they have been able to ascertain; and
(c)to the child’s religious persuasion, racial origin and cultural and linguistic background.
(6)If it appears to a local authority that it is necessary, for the purpose of protecting members of the public from serious injury, to exercise their powers with respect to a child whom they are looking after in a manner which may not be consistent with their duties under this section, they may do so.
(7)If the [F334Secretary of StateF334] considers it necessary, for the purpose of protecting members of the public from serious injury, to give directions to a local authority with respect to the exercise of their powers with respect to a child whom they are looking after, [F335the [F334 Secretary of StateF334,F335]] may give such directions to [F336the authorityF336] .
(8)Where any such directions are given to an authority they shall comply with them even though doing so is inconsistent with their duties under this section.