Fostering

Foster care for a ‘looked after’ children

A child is looked after if:

  1. they are in the local authority’s care (which includes both interim care orders and full care orders), or

  2. they are accommodated by the local authority under any of its other social services functions other than certain exceptions, ie:

    1. sections 17, 23B and 24B of the Children Act 1989 (ChA 1989) (in England)

    2. sections 15, 109, 114 and 115 of the Social Services and Well-being (Wales) Act 2014 (in Wales), and

    3. Social Services and Well-being (Wales) Act 2014, Pt 4 (in Wales)

There are notable differences between fostering provisions in England and in Wales.

See Practice Note: Public children—fostering.

Foster care in England

One of the most important local authority duties to accommodate children, other than through care proceedings, is the duty to provide accommodation for any child in need in its area who requires it as a result of the factors set out in ChA 1989, s 20(1). In ChA 1989, s 20 cases, before providing the accommodation,

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Family court judges’ anonymisation reversed by Court of Appeal (Tickle & Summers v BBC and others)

Family analysis: The murder of ten-year-old Sara Sharif by her father and step-mother continues to dominate the UK news. Following her death, journalists (Louise Tickle and Hannah Summers) and major news organisations sought disclosure of documents and information from the historical Children Act 1989 (ChA 1989) proceedings concerning Sara and her siblings, including the relevant judges’ names. Despite the judges involved in those proceedings having made no application in respect of their own anonymity, Mr Justice Williams nonetheless included in his disclosure order a provision that their names were not to be published. The appeals against Williams J’s decision were successful on each of the three grounds advanced. He had lacked jurisdiction to order the judges’ anonymisation and there had been serious procedural irregularities owing to the lack of submissions and evidence on the anonymisation issue. The Court of Appeal also disapproved of the judge’s use of anecdotal material and his own experiences to try to shore up his judgment. Williams J was further criticised for his unfair treatment of the journalists and Channel 4. Publication of the judges’ names has now taken place in accordance with the Court of Appeal’s decision to ensure a short interval of seven days occurred during which time HM Courts and Tribunals Service (HMCTS) was required to put in place any protective measures. David Wilkinson, solicitor at Slater Heelis, examines the issues.

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