PART 6

LOOKED AFTER AND ACCOMMODATED CHILDREN

Duties of local authorities in relation to looked after children

Principal duty of a local authority in relation to looked after children
78
1
A local authority looking after any child must—
a
safeguard and promote the child's well-being, and
b
make such use of services available for children cared for by their own parents as appears to the authority reasonable in the child's case.
2
The duty of a local authority under subsection (1)(a) to safeguard and promote the well-being of a child looked after by it includes, for example—
a
a duty to promote the child's educational achievement;
b
a duty—
i
to assess from time to time whether the child has care and support needs which meet the eligibility criteria set under section 32, and
ii
if the child has needs which meet the eligibility criteria, to at least meet those needs.
3
Before making any decision with respect to a child whom it is looking after, or proposing to look after, a local authority must (in addition to the matters set out in sections 6(2) and (4) and 7(2) (other overarching duties)) have regard to—
a
the views, wishes and feelings of any person whose views, wishes and feelings the authority considers to be relevant;
b
the child's religious persuasion, racial origin and cultural and linguistic background.
4
If it appears to a local authority that it is necessary, for the purpose of protecting members of the public from serious injury, to exercise its powers with respect to a child whom it is looking after in a manner which may not be consistent with its duties under this section or section 6, it may do so.
S. 78 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)