Children Act 1989, section 22G

General duty of local authority to secure sufficient accommodation for looked after children

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

(1)It is the general duty of a local authority to take steps that secure, so far as reasonably practicable, the outcome in subsection (2).

(2)The outcome is that the local authority are able to provide the children mentioned in subsection (3) with accommodation that—

(a)is within the authority's area; and

(b)meets the needs of those children.

(3)The children referred to in subsection (2) are those—

(a)that the local authority are looking after,

(b)in respect of whom the authority are unable to make arrangements under section 22C(2), and

(c)whose circumstances are such that it would be consistent with their welfare for them to be provided with accommodation that is in the authority's area.

(4)In taking steps to secure the outcome in subsection (2), the local authority must have regard to the benefit of having—

(a)a number of accommodation providers in their area that is, in their opinion, sufficient to secure that outcome; and

(b)a range of accommodation in their area capable of meeting different needs that is, in their opinion, sufficient to secure that outcome.

(5) In this section “accommodation providers” means—

Definitions used in section 22G 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
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

Cases considering section 22G 11

CLT, R (on the application of) v London Borough of Hounslow

[2026] EWHC 162 (Admin) · 30 January 2026

The court declared that the authority failed to comply with the duties consequent upon the claimant’s looked-after status, including the duty identified in section 22G. (see paras [64]; [83]; [86])

The Local Authority v B

[2024] EWHC 2477 (Fam) · 13 August 2024

Confirms the local authority’s overarching sufficiency duty to secure accommodation for children with different needs. (see para [12])

DF, R (on the application of) v Essex County Council

[2023] EWHC 3330 (Admin) · 22 December 2023Limits

Confirms the relevance of statutory sufficiency and safeguarding requirements to accommodation arrangements made for looked-after children. The authority was not required to agree to arrangements incapable of compliance or registration (see paras [88]; [91]).

What each judgment says about section 22G is in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Amendments

  1. F349S. 22G inserted (1.4.2011 for E.) by Children and Young Persons Act 2008 (c. 23), ss. 9, 44; S.I. 2010/2981, art. 4(b)