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Appendix III
Definitions of a looked after child
The term ‘looked after child’ was introduced by the Children Act 1989 1 and refers to children who are
subject to care orders and those who are accommodated by the local authority by voluntary agreement.
There are two main routes by which a child can become looked after.
The first is when children are subject to a care order in which a court places a child compulsorily
into the care of a designated local authority under section 31 of the 1989 Act. The court may only
make a care order if it is satisfied that the child is suffering, or likely to suffer, significant harm
attributable to the care given or likely to be given. Under a care order, the local authority assumes
parental responsibility for the child and will provide him/her with accommodation and care. The
local authority is responsible for the child’s welfare while the care order is in place. 2 A child subject
to a care order under section 31 of the 1989 Act remains a looked after child while in custody.
There is no change to their legal status so the local authority continues to be responsible for their
care as a ‘corporate parent’ and must fulfil statutory responsibilities to this end. 3
The second route refers to section 20 of the 1989 Act in which a child is provided with
accommodation by the local authority on a voluntary basis as a result of parental, or if over 16, the
young person’s agreement. Although the local authority will undertake day to day care duties for the
child, parental responsibility remains with the child’s parents who can remove the child from care at
any time. 4 The local authority must work with the child and their parents to make joint decisions
about the child’s care. 5 Children who are voluntarily accommodated under section 20 of the 1989
Act lose their looked after status when they are remanded into custody or are serving a custodial
sentence 6 (unless they meet the criteria for ‘relevant’ children entitled to leaving care support; see
section below). From April 2011 where a child ceases to be looked after as a result of entering
custody, the local authority previously responsible for their care must appoint a representative to
visit them to assess their needs. This assessment should include where they will live on release
and whether they will need to become looked after again. 7 If the assessment deems that the child
should become looked after again on their release, the local authority must be involved in their
release plans.
1 The Children Act 1989, hereafter referred to as the 1989 Act.
2 House of Commons Children, Schools and Families Committee (2009), Looked-after Children Third Report of Session
2008–09. Volume 1, London: The Stationery Office.
3 Department for Education and Skills (2004a), Safeguarding and Promoting the Welfare of Children and Young People in
Custody, LAC (2004)26. London: DfES.
4 House of Commons Children, Schools and Families Committee (2009), Looked-after Children Third Report of Session
2008–09. Volume 1, London: The Stationery Office.
5 Great Britain (1989) Children Act 1989: Elizabeth II. London: The Stationery Office.
6 Department for Education and Skills (2004) Independent Reviewing Officers Guidance: Adoption and Children Act 2002.
London: DfES.
7 Great Britain (2008), Children and Young Persons Act 2008: Elizabeth II. London: The Stationery Office.
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