Children Act 1989, section 22C

Ways in which looked after children are to be accommodated and maintained

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

(1) This section applies where a local authority are looking after a child (“C”).

(2)The local authority must make arrangements for C to live with a person who falls within subsection (3) (but subject to subsection (4)).

(3) A person (“P”) falls within this subsection if—

(a)P is a parent of C;

(b)P is not a parent of C but has parental responsibility for C; or

(c)in a case where C is in the care of the local authority and there was [F340 a child arrangements orderF340] in force with respect to C immediately before the care order was made, P was a person [F341 named in the child arrangements order as a person with whom C was to liveF341] .

(4)Subsection (2) does not require the local authority to make arrangements of the kind mentioned in that subsection if doing so—

(a)would not be consistent with C's welfare; or

(b)would not be reasonably practicable.

(5)If the local authority are unable to make arrangements under subsection (2), they must place C in the placement which is, in their opinion, the most appropriate placement available.

(6) In subsection (5) “placement” means—

(a)placement with an individual who is a relative, friend or other person connected with C and who is also a local authority foster parent;

(b)placement with a local authority foster parent who does not fall within paragraph (a);

(c)placement in a children's home in respect of which a person is registered under Part 2 of the Care Standards Act 2000 [F342 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)F342] ; or

(d)subject to section 22D, placement in accordance with other arrangements which comply with any regulations made for the purposes of this section.

(7) In determining the most appropriate placement for C, the local authority must, subject to [F343 subsection (9B) andF343] the other provisions of this Part (in particular, to their duties under section 22)—

(a)give preference to a placement falling within paragraph (a) of subsection (6) over placements falling within the other paragraphs of that subsection;

(b)comply, so far as is reasonably practicable in all the circumstances of C's case, with the requirements of subsection (8); and

(c)comply with subsection (9) unless that is not reasonably practicable.

(8)The local authority must ensure that the placement is such that—

(a)it allows C to live near C's home;

(b)it does not disrupt C's education or training;

(c)if C has a sibling for whom the local authority are also providing accommodation, it enables C and the sibling to live together;

(d)if C is disabled, the accommodation provided is suitable to C's particular needs.

(9)The placement must be such that C is provided with accommodation within the local authority's area.

[F344 (9A) Subsection (9B) applies (subject to subsection (9C)) where the local authority F345 ...—

(a)are considering adoption for C, or

(b)are satisfied that C ought to be placed for adoption but are not authorised under section 19 of the Adoption and Children Act 2002 (placement with parental consent) or by virtue of section 21 of that Act (placement orders) to place C for adoption.

(9B)Where this subsection applies—

(a)subsections (7) to (9) do not apply to the local authority,

(b)the local authority must consider placing C with an individual within subsection (6)(a), and

(c)where the local authority decide that a placement with such an individual is not the most appropriate placement for C, the local authority must consider placing C with a local authority foster parent who has been approved as a prospective adopter.

(9C)Subsection (9B) does not apply where the local authority have applied for a placement order under section 21 of the Adoption and Children Act 2002 in respect of C and the application has been refused.F344]

(10)The local authority may determine—

(a)the terms of any arrangements they make under subsection (2) in relation to C (including terms as to payment); and

(b)the terms on which they place C with a local authority foster parent (including terms as to payment but subject to any order made under section 49 of the Children Act 2004).

(11)The [F346 Secretary of StateF346] may make regulations for, and in connection with, the purposes of this section.

[F347 (12) For the meaning of “local authority foster parent” see section 105(1). F347]

Definitions used in section 22C 11

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
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
child arrangements order

"child arrangements order " means an order regulating arrangements relating to any of the following—

(a)

with whom a child is to live, spend time or otherwise have contact, and

(b)

when a child is to live, spend time or otherwise have contact with any person;

Defined in s.8(1) · see it in the full Act

“child arrangements order” has the meaning given by section 8(1);

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

“a care order” means (subject to section 105(1)) an order under subsection (1)(a) and (except where express provision to the contrary is made) includes an interim care order made under section 38; and

Defined in s.31(11) · see it in the full Act
care order

“care order” has the meaning given by section 31(11) and also includes any order which by or under any enactment has the effect of, or is deemed to be, a care order for the purposes of this Act; and any reference to a child who is in the care of an authority is a reference to a child who is in their care by virtue of a care order;

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

“relative”, in relation to a child, means a grandparent, brother, sister, uncle or aunt (whether of the full blood or half blood or by marriage or civil partnership) or step-parent;

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

“local authority foster parent” means a person authorised as such in accordance with regulations made by virtue of—

(a)

paragraph 12F of Schedule 2; or

(b)

sections 87 and 93 of the Social Services and Well-being (Wales) Act 2014 (regulations providing for approval of local authority foster parents);

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

“local authority foster parent” has the meaning given in section 22C(12);

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

“disabled”, in relation to a child, has the same meaning as in section 17(11);

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

(a) an order under paragraph 1(2)(a) or (b) for the making or securing of periodical payments in favour of more than one child (“the order") is in force;

Defined in Sch.1 para.6(9) · see it in the full Act

Cases considering section 22C 44

JW (Child at Home under Care Order)

[2023] EWCA Civ 944 · 4 August 2023

The provision expressly permits and ordinarily requires arrangements for a looked-after child to live with a parent or other qualifying parental figure, subject to welfare and practicability. It confirms that a care order with placement at home is statutorily permissible (see paras [9]; [28]).

A Mother v Derby City Council

[2021] EWCA Civ 1867 · 7 December 2021Interprets

The statutory placement scheme does not include unregistered children’s homes. A placement in such a home is outside, rather than made under, the section. (see paras [73]; [76]–[80]; [87]) The court confirmed that an unregistered children’s home cannot fall within the category concerning placement with a connected person who is also a local authority foster parent. (see paras [76]–[79]) The court confirmed that an unregistered children’s home cannot fall within the category concerning placement with another local authority foster parent. (see paras [76]–[79]) The children’s-home category requires registration. Paragraph (c) is the exclusive territory within section 22C(6) for children’s homes and cannot include an unregistered home. (see paras [76]–[79]) “Other arrangements” means arrangements other than placements with connected persons, foster parents or in children’s homes. It cannot include an unregistered children’s home, because that construction would circumvent paragraph (c)’s registration requirement. (see paras [73]; [77]–[80])

T (A Child : Early Permanence Placement)

[2015] EWCA Civ 983 · 24 September 2015

The court treated a placement under this provision as a fostering placement which may lead to adoption. It held that the early permanence scheme does not alter the ordinary approach to joinder or premature adoption applications. (see paras [11]; [49]-[51]; [60])

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

Amendments and notes

9 notes from legislation.gov.uk

Amendments

  1. F340Words in s. 22C(3)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 29(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) this amendment is subject to savings and/or transitional provisions, see the commentary.
  2. F341Words in s. 22C(3)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 29(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) this amendment is subject to savings and/or transitional provisions, see the commentary.
  3. F342Words in s. 22C(6)(c) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 9
  4. F343Words in s. 22C(7) inserted (25.7.2014) by Children and Families Act 2014 (c. 6), ss. 2(2), 139(6); S.I. 2014/889, art. 6(b)
  5. F344S. 22C(9A)-(9C) inserted (25.7.2014) by Children and Families Act 2014 (c. 6), ss. 2(3), 139(6); S.I. 2014/889, art. 6(b)
  6. F345Words in s. 22C(9A) 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), 70(a)
  7. F346Words in s. 22C(11) 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), 70(b)
  8. F347S. 22C(12) 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), 70(c)

Modifications

  1. C26S. 22C excluded (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Children Act 1989) (Children Remanded to Youth Detention Accommodation) Regulations 2012 (S.I. 2012/2813), regs. 1(1), 2(a) (with reg. 3)