Becoming Looked After: The Process Explained

What Does "Looked After" Mean?

A child is "looked after" by the local authority when they are in the care of the local authority or provided with accommodation by them for more than 24 hours. This can happen through voluntary agreement with parents or through court order.

Understanding the different routes into care is essential for social workers, as each has different implications for parental responsibility and decision-making.

Routes into Care

Section 20 Accommodation

Under Section 20 of the Children Act 1989, the local authority can provide accommodation for any child in need if:

• There is no person with parental responsibility
• The child is lost or abandoned
• The person caring for them is prevented from providing suitable accommodation or care

Care Orders

Under Section 31, a court can make a care order if satisfied that:

• The child is suffering or likely to suffer significant harm
• The harm is attributable to care not being what a reasonable parent would give
• A care order is necessary and proportionate

Emergency Protection

• EPO (Emergency Protection Order) - court order lasting up to 8 days
• Police Protection - police power lasting up to 72 hours
• ICO (Interim Care Order) - temporary order during care proceedings

Section 20 in Detail

Valid Consent

For Section 20 to be lawful, consent must be:

• Given by someone with parental responsibility
• Fully informed - parents understand what they're agreeing to
• Voluntary - not given under pressure or coercion
• Documented clearly

When Section 20 is Appropriate

• Parents genuinely cannot care for child temporarily
• Parents agree child needs to be away from home
• No immediate safeguarding crisis requiring court intervention
• Parents will work cooperatively with plans

When Section 20 is NOT Appropriate

• Parents don't genuinely consent
• There's a safeguarding emergency
• Long-term separation is likely needed
• Parents are unlikely to cooperate
• Parental responsibility needs to be shared

The Care Proceedings Route

Before Issuing

Pre-proceedings work under the Public Law Outline:

• Letter before proceedings to parents
• Legal planning meeting
• Pre-proceedings meetings with family
• Final opportunity for change

Issuing Proceedings

• Application to family court
• Social work statement and care plan
• Often seeking interim care order
• 26-week target for completion

Immediate Actions When Child Becomes LAC

First 24-72 Hours

• Ensure safe and appropriate placement
• Complete placement plan
• Notify relevant people (IRO, health, education)
• Ensure child has essentials
• Arrange initial health assessment

First Week

• Statutory visit to placement
• Begin care planning
• Arrange school (or maintain current school)
• Set up contact arrangements
• Allocate IRO

Recording Requirements

Essential Documentation

• Legal status and basis for accommodation
• Section 20 consent (signed and witnessed)
• Placement details and matching considerations
• Care plan
• Contact arrangements
• Health and education information

Notifications

• Parents (if not already aware)
• Independent Reviewing Officer
• Health (for LAC health assessment)
• Virtual School Head
• Education setting
• GP

Common Challenges

Section 20 Misuse

Courts have criticised misuse of Section 20:

• Keeping children accommodated too long without court scrutiny
• Consent not being truly voluntary
• Parents not understanding their rights
• Using Section 20 to avoid care proceedings

Emergency Removals

• Must be genuinely necessary
• Consider if child can be made safe at home
• Document reasons clearly
• Move quickly to proper legal framework

Conclusion

Understanding how children become looked after is fundamental to good practice. Whether through voluntary accommodation or court order, ensure the right legal framework is used, consent is genuine, and the child's journey into care is handled with sensitivity and proper documentation.