When a child is in the care of a local authority, it is their duty to provide the child with accommodation.
Definitions used in section 22A 2
- 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
Cases considering section 22A 9
In the matter of T (A Child) (Appellant)
The local authority’s existing duty to provide accommodation for a child in its care supported the conclusion that the inherent-jurisdiction order conferred no new question of parental responsibility. (see paras [32]; [114]; [117])
The Local Authority v B
Applies the duty to provide accommodation for children in care within the statutory placement framework. (see para [12])
EBY (A Child) (Deprivation of Liberty Order: Jurisdiction) (17-year-old), Re
Confirms that the accommodation duty under section 22A has the same relevant effect as section 20(3): an inherent-jurisdiction order authorising deprivation of liberty does not itself require accommodation where the statutory duty already exists. (see paras [37], [44])
- A Mother v Derby City Council
- W (A Child : Designation of Local Authority)
- Conwy County Borough Council v PR & Ors
- London Borough of Hackney v P & Ors
- ARTICLE 39 (R on the application of) v SECRETARY OF STATE FOR EDUCATION
- Derby City Council v BA
What each judgment says about section 22A is in the case-law panel in the full Act.
Amendments and notes
2 notes from legislation.gov.uk
Amendments
- F339Ss. 22A-22F substituted for s. 23 (1.9.2009 for E. for the insertion of ss. 22C(11), 22F, 26.4.2010 for W. for the insertion of ss. 22C(11), 22F, 1.4.2011 for E. so far as not already in force, 6.4.2016 for W. in so far as not already in force) by Children and Young Persons Act 2008 (c. 23), ss. 8(1), 44(4); S.I. 2009/2273, art. 2(2)(a); S.I. 2010/1329, art. 2(a); S.I. 2010/2981, art. 4(a); S.I. 2016/452, art. 2(a)
- F338Ss. 22A-22F substituted (1.9.2009 for E. and 26.4.2010 for W. for the insertion of ss. 22C(11), 22F, 1.4.2011 otherwise for E.) for s. 23 by Children and Young Persons Act 2008 (c. 23), ss. 8(1), 44; S.I. 2009/2273, art. 2(2)(a); S.I. 2010/1329, art. 2(a); S.I. 2010/2981, art. 4(a)