Children Act 1989, section 22

General duty of local authority in relation to children looked after by them

Part III SUPPORT FOR CHILDREN AND FAMILIES PROVIDED BY LOCAL AUTHORITIES IN ENGLAND

(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.

Definitions used in section 22 6

child

16 (1) In this Schedule “child” includes, in any case where an application is made under paragraph 2 or 6 in relation to a person who has reached the age of eighteen, that person.

Defined in Sch.1 para.16(1) · see it in the full Act

“child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;

Defined in s.105(1) · see it in the full Act
local authority

“local authority” means, in relation to England ..., the council of a county, a metropolitan district, a London Borough or the Common Council of the City of London in relation to Wales, the council of a county or a county borough and, in relation to Scotland, a local authority within the meaning of section 1(2) of the Social Work (Scotland) Act 1968 ;

Defined in s.105(1) · see it in the full Act
functions

“functions” includes powers and duties;

Defined in s.105(1) · see it in the full Act
service

“service”, in relation to any provision made under Part III, includes any facility;

Defined in s.105(1) · see it in the full Act
parent

(2) In this Schedule, except paragraphs 2 and 15, “parent” includes—

(a) any party to a marriage (whether or not subsisting) in relation to whom the child concerned is a child of the family, and

(b) any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child concerned is a child of the family;

Defined in Sch.1 para.16(2) · see it in the full Act

21 In this Part of this Schedule “parent” has the same meaning as in the Education Act 1996 . ).

Defined in Sch.3 para.21 · see it in the full Act
parental responsibility

“parental responsibility” has the meaning given in section 3;

Defined in s.105(1) · see it in the full Act

(1) In this Act “parental responsibility” means all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.

Defined in s.3(1) · see it in the full Act

Cases considering section 22 148

HXA v Surrey County Council

[2023] UKSC 52 · 20 December 2023Limits

The subsection includes within a looked-after child any child accommodated through the authority’s statutory functions. It therefore brought a child accommodated under section 20 within section 22(3). (see paras [27]-[28], [42]) The subsection imposes a specific duty to safeguard and promote the welfare of a looked-after child. Its temporal reach is not confined to the mechanics of return, but breach of that statutory duty does not by itself establish the common law duty alleged. (see paras [27]-[28], [42]-[43])

Williams and another v London Borough of Hackney

[2018] UKSC 37 · 18 July 2018

The authority’s duties towards looked-after children include safeguarding and promoting welfare in consultation with the child and parents. Those duties require longer-term planning even though section 20 itself contains no time limit. (see paras [49]-[52])

R (On The Application of M) (Fc) V London Borough of Hammersmith and Fulham Appellate Committee

[2008] UKHL 14 · 27 February 2008Interprets

A child is looked after only if in local authority care or actually provided with accommodation through social services functions. Housing accommodation cannot be reclassified as social services accommodation where children’s services neither knew of the child nor provided or arranged any service. The subsection was used to identify the authority’s duty to safeguard and promote the welfare of a looked-after child. The authority must ascertain the wishes of a child and parent concerning decisions about a child whom it looks after or proposes to look after. The authority must take account of the ascertained wishes when making decisions concerning a child whom it looks after or proposes to look after.

128 more judgments, and what each says about section 22, are in the case-law panel in the full Act.

Amendments and notes

18 notes from legislation.gov.uk

Amendments

  1. F326Words in s. 22(1) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 69(a)
  2. F327Words in s. 22(1)(b) substituted (26.10.2000 for E. and otherwise 28.7.2001) by 2000 c. 22, ss. 107, 108(4), Sch. 5 para. 19; S.I. 2000/2849, art. 2(f)
  3. F328Words in s. 22(1)(b) inserted (1.10.2001) by 2000 c. 35, s. 2(2); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2
  4. F329Word in s. 22(1) inserted (7.11.2002) by 2002 c. 38, ss. 116, 148 (with Sch. 4 paras. 6-8)
  5. F330S. 22(3A) inserted (1.7.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 52; S.I. 2005/394, art. 2(3)(b); S.I. 2006/885, art. 2(2)
  6. F331S. 22(3B)(3C) inserted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 99, 139(6); S.I. 2014/889, art. 5(e)
  7. F332Words in s. 22(3B) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 69(b)
  8. F333Words in s. 22(3C) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 69(c)
  9. F334Words in s. 22(7) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 69(d)(i)
  10. F335Words in s. 22(7) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 6(b)
  11. F336Words in s. 22(7) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 69(d)(ii)

Modifications

  1. C21S. 22 applied (1.10.1992) by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 23(13)(a) (as substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 60(1); S.I. 1992/333, art. 2(2), Sch. 2.
  2. C22S. 22(4)(b)-(d)(5)(b): power to apply with modifications or exclude conferred (7.2.2004 for W. and 7.12.2004 for E.) by 2002 c. 38, ss. 53(1)(2), 148 (with Sch. 4 paras. 6-8); S.I. 2004/252, art. 2(b); S.I. 2004/3203, art. 2(1)(h)
  3. C23S. 22(4)(b) excluded (30.12.2005) (E.) by The Adoption Agencies Regulations 2005 (S.I. 2005/389), art. 45(2)(a)
  4. C24S. 22(4)(c) modified (30.12.2005) (E.) by The Adoption Agencies Regulations 2005 (S.I. 2005/389), art. 45(2)(b)
  5. C25S. 22(5)(b) modified (30.12.2005) (E.) by The Adoption Agencies Regulations 2005 (S.I. 2005/389), art. 45(2)(c)

Commencement

  1. I21S. 22 wholly in force at 14.10.1991 see 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal citations

  1. M121970 c. 42.