Children Act 1989, section 22D

Review of child's case before making alternative arrangements for accommodation

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

(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.

Definitions used in section 22D 3

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
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 22D 3

KI, R (On the Application Of) v London Borough of Brent

[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]).

In the matter of T (A Child) (Appellant)

[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])

W (A Child : Designation of Local Authority)

[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.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. 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)

Modifications

  1. C27S. 22D 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(b)