It is the duty of a local authority to maintain a child they are looking after in other respects apart from the provision of accommodation.
Definitions used in section 22B 2
- 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- 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
Cases considering section 22B 6
In the matter of T (A Child) (Appellant)
The subsection was identified as part of the local authority’s existing duty to maintain a child in its care. (see para [32])
Redcar and Cleveland Borough Council v Others (Re B)
The grandparents relied on the authority’s duty to maintain a child whom it was looking after. The provision did not apply because the court provisionally concluded that the child was not looked after. (see paras [27]; [36]-[43])
FZW, R (on the application of) v Bristol City Council
The maintenance duty was identified as part of the corporate-parenting consequences of looked-after status. (see paras [7], [86])
- CLT, R (on the application of) v London Borough of Hounslow
- AM, R (on the application of) v Secretary of State for the Home Department & Anor
- ARTICLE 39 (R on the application of) v SECRETARY OF STATE FOR EDUCATION
What each judgment says about section 22B is in the case-law panel in the full Act.
Amendments and notes
1 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)