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,