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.

This Practice Note explains the local authority duty under the Care Act 2014 to provide community care and support to any person in need of such services rests with the local authority in whose area the person is ordinarily resident. Further that ordinary residence is given its ordinary and natural meaning. It sets out the factors that the local authority should take into account when considering a person’s ordinary residence, and describes the categories of people, both ordinarily resident and not ordinarily resident, for whom the local authority has the power and duty to provide residential accommodation.

This Practice Note provides a summary of the relevant law relating to deferred payment agreements (DPAs), when it is mandatory to grant them, choosing and setting up the DPA, executing the DPA and dealing with mandatory signatories who lack capacity, registering the agreement and storing originals after registration.

Under the Human Rights Act 1998 (HRA 1998) public authorities are required act in a way that is compatible with Convention rights. Whether a body is a public authority for the purposes of the HRA 1998 can be determined on whether they are a core or non-core public authority. This Practice Note outlines the case law for both core and non-core public authorities and circumstances to take into account.

This Practice Note covers considerations for a local authority seeking to take action to recover debts accrued by individuals provided with community residential and domiciliary care. It covers the law, practical considerations and prevention.

This Practice Note explains the ‘staying put’ arrangements contained in section 23CZA of the Children Act 1989. It covers the purpose of the arrangement, eligibility criteria, how the arrangements should be formalised, what the local authority duties are and the what the implications of continuation of care are for the foster carer.