(1)
Where a local authority are providing accommodation for a child (“C”) other than by arrangements under section 22C(6)(d), they must not make such arrangements for C unless they have decided to do so in consequence of a review of C's case carried out in accordance with regulations made under section 26.
(2)But subsection (1) does not prevent a local authority making arrangements for C under section 22C(6)(d) if they are satisfied that in order to safeguard C's welfare it is necessary—
(a)to make such arrangements; and
(b)to do so as a matter of urgency.
Cases considering section 22D 3
[2018] EWHC 1068 (Admin) · 10 May 2018
Before making alternative arrangements for a child accommodated otherwise than under section 22C(6)(d), the authority must decide to do so following a review conducted in accordance with the regulations. Brent had not followed the required procedure (see paras [25]-[29], [84], [108]).
[2021] UKSC 35 · 30 July 2021
The section requires review of the child’s case before a placement under section 22C is made. (see para [33])
[2016] EWCA Civ 366 · 19 April 2016
Accommodation arrangements must follow a review of the child’s case under the regulatory scheme unless made urgently. The absence of review or placement records informed the factual assessment of the alleged placement (see paras [15]; [25]–[30]).
What each judgment says about section 22D is in the case-law panel in the full Act.