Field Court Chambers

This Practice Note has been produced to assist practitioners in navigating local authority duties to children and young people who may be entitled to advice and assistance in England only. This will include children who are subject to care orders or who are or have been voluntarily accommodated by the local authority and in terms of educational prospects, any young person who has been in state care either in the jurisdiction or elsewhere.

This Practice Note looks at the duties a local authority has in relation to children looked after by them, which includes children who are subject to care orders, interim care orders and those who are voluntarily accommodated by the local authority pursuant to section 20 of the Children Act 1989. It covers a local authority’s duty to safeguard and promote a child’s welfare and make such services available for children as are reasonable, specifically in relation to placing the child in suitable accommodation and preparing a care plan.

This Practice Note explains how the funding by local authorities for social care provision is allocated. It highlights changes brought in by consequence of the Care Act 2014 and describes where further change is likely. It covers eligibility for support, the charging principles and financial assessment process, deferred payment agreements (DPAs), deliberate deprivation of assets and the cap on care costs.