Hugh Thornbery CBE, chief executive of Adoption UK, said: «Adopted children can be
under local authority care one day and then adopted the next, so their needs do not change overnight.
Not exact matches
An NHS England spokesman said: «All health bodies and
local authorities with responsibility for adult social
care are required
under the Equality Act to ensure that no patient is discriminated against.
Glance at any
local authority budget proposal and I am sure you would find,
under the heading «budget pressures», a nod the cost of an aging population, and the anticipated increase in social
care clients on the next five years.
Under the provisions of the poor laws, poor law guardians and juvenile courts were given powers to commit children into the
care of
local authorities.
The legal framework in relation to the code of practice indicated that
under Section 25 of the Children and Families Act 2014
local authorities (Schools) should ensure integration between educational provision, health and social
care provisions, where this would promote wellbeing and improve the quality of provision for disabled young people and those with SEN. (page 38 of the Code of Practice).
Voluntary accommodation placements
under Section 20 (s. 20) of the Children Act 1989 are being increasingly used by
local authorities to avoid
care proceedings.
A law firm, which helps vulnerable people obtain
care, is raising concern over how local authorities across the UK are choosing to implement the requirements under The Care
care, is raising concern over how
local authorities across the UK are choosing to implement the requirements
under The
Care Care Act.
On the same date the Department for Children, Schools and Families (DCSF) introduced revised statutory guidance for
care and supervision order proceedings («Court Orders» of the Children Act guidance
under s 7 of the
Local Authority Social Services Act 1970) and a new practice direction for the use and instruction of experts in family proceedings relating to children.
Clause 135 is the long - awaited abolition of
local authorities» powers to seek liable relatives» payments
under the National Assistance Act 1948 (NAA 1948), eg in respect of the relatives of people placed in
care homes.
The general disability equality duties contained in the Disability Discrimination Act 1995 (DDA 1995), s 49A apply to the exercise of a
local authority's functions
under the community
care legislation.
The Court of Protection Rules have been amended to accommodate applications to that court
under s 21A of MCA 2005 arising from the operation of the scheme, for example an application which disputes a finding by a «supervisory
authority», such as a
local authority, that a
care home resident is in fact deprived of his or her liberty within the meaning of Art 5 of the Convention.
Under ss 42 and 43, spouses are liable to maintain each other with the result that
local authorities have discretionary powers to ask one spouse to contribute to the cost of
care for the other.
Case law has confirmed that a
Local Authority with parental responsibility for a child / young person (
under a
care order) can not consent to arrangements that would otherwise amount to a deprivation of liberty.
Where there is a significant dispute between professionals and parents regarding the administration of certain medications, the authorisation of the Court may be required
under the inherent jurisdiction and a
Local Authority could not rely on its parental responsibility provided by the
care order for consent.
In Croydon, the High Court held that in respect of people who, as adult asylum seekers, were accommodated by
local authorities under s 21 of the National Assistance Act 1948 (NAA 1948) on account of their vulnerability — «destitution plus» cases, that is individuals whose need for
care and attention is made materially more acute by a factor other than destitution — it is for
local authorities and not NASS to provide the accommodation necessary to avoid a breach of Convention rights.
It was reported that Connor might be placed on the child protection register, or that an application might be made
under ChA 1989, s 31 to take him into
local authority care to enforce his weight loss and safeguard his health (The Sunday Times, 25 February 2007).
In the court's view there can be no legal gap between health and social
care provision provided by the
local authority under NAA 1948 «as a last resort» since «the secretary of state has put in place a structure which requires the PCT to take account of the social services
authority's statutory competence so that the resulting decision will define the services which the social services
authority is obliged to provide».
So, Lords Mance, Scott and Neuberger won 3 - 2 against Lord Bingham and Baroness Hale, ending a legal saga dating back to at least R (Heather and Others) v Leonard Cheshire Foundation [2002] EWCA Civ 366, [2002] 2 All ER 936 where the Court of Appeal found that the Leonard Cheshire Foundation was not exercising statutory powers or performing a public function in providing
care services to residents placed at public expense by the
local authority under NAA 1948.
The
local authority commenced
care proceedings and the child was removed from the parents»
care under an emergency protection order.
Section 21 of NAA 1948 provided: «(1)... a
local authority may... make arrangements for providing --(a) residential accommodation for persons... in need of
care and attention which is not otherwise available to them...» Section 6 of HRA 1998 identified two types of public
authority — «core» public
authorities which were to be so regarded in relation to all their functions and «hybrid» persons with functions both of a public and of a private nature which were only to be so regarded when the nature of their particular act
under consideration was public rather than private.
Where a
local authority, in the discharge of its duty
under s 21 of the National Assistance Act 1948 (NAA 1948), makes arrangements for the provision of
care and accommodation by a private
care home, that home is not exercising functions of a public nature within s 6 (3)(b) of the Human Rights Act 1998 (HRA 1998).
Research undertaken as part of the Inquiry including a freedom of information request submitted to all English
local authorities found that 163 children in
care under a voluntary arrangement have been placed with foster carers who are already approved as suitable adopters since foster for adoption legislation came into force three years ago.
This applies if you are in receipt of certain benefits or the child is «looked after» by the
local authority or has left
care under a Special Guardianship Order, Residence Order or Child Arrangements Order.
• A
Care Order (under Section 31 (1)(a) of the Children Act) places the child in the care of the Local Authority, with parental responsibility being shared between the parents and the Local Author
Care Order (
under Section 31 (1)(a) of the Children Act) places the child in the
care of the Local Authority, with parental responsibility being shared between the parents and the Local Author
care of the
Local Authority, with parental responsibility being shared between the parents and the
Local Authority.
The Act also places a duty on
local agencies to safeguard and promote the welfare of children, and brings together responsibility for all
local authority social
care and education functions for children
under local Directors of Children's Services and Lead Members for Children's Services.
Local offer for care leavers: statutory guidance The Department for Education (DfE) has published guidance for local authorities on the local offer for care leavers as required under Section 2 of the Children and Social Work Act
Local offer for
care leavers: statutory guidance The Department for Education (DfE) has published guidance for
local authorities on the local offer for care leavers as required under Section 2 of the Children and Social Work Act
local authorities on the
local offer for care leavers as required under Section 2 of the Children and Social Work Act
local offer for
care leavers as required
under Section 2 of the Children and Social Work Act 2017.
Source: DfE Date: 26 February 2018 Further information: Extending personal adviser support to all
care leavers to age 25: statutory guidance for
local authorities (PDF) Extending personal adviser support to age 25: new burdens assessment (PDF) Local offer for care leavers: statutory guidance — The Department for Education (DfE) has published guidance for local authorities on the local offer for care leavers as required under Section 2 of the Children and Social Work Act
local authorities (PDF) Extending personal adviser support to age 25: new burdens assessment (PDF)
Local offer for care leavers: statutory guidance — The Department for Education (DfE) has published guidance for local authorities on the local offer for care leavers as required under Section 2 of the Children and Social Work Act
Local offer for
care leavers: statutory guidance — The Department for Education (DfE) has published guidance for
local authorities on the local offer for care leavers as required under Section 2 of the Children and Social Work Act
local authorities on the
local offer for care leavers as required under Section 2 of the Children and Social Work Act
local offer for
care leavers as required
under Section 2 of the Children and Social Work Act 2017.
Following acceptance of a referral by the
local authority children's social
care service, a social worker should lead a multi-agency assessment
under section 17 of the Children Act 1989.
Where a
local authority has been providing children's social
care services to a young person
under the age of 18, and they have an EHC plan in place,
local authorities can continue to provide these services on the same basis after the age of 18.
Under section 17 the child is not looked after by the
local authority and will not have a
care plan but there may be the requirement to implement a child in need plan or a child protection plan.
Two - year - old free entitlement From September 2014, two - year - old children adopted from
local authority care or who left
care under a Special Guardianship (SG) Order or Child Arrangements (CA) Order (formally known as a Residence Order *), will be entitled to 570 hours a year of Government funded early education over no fewer than 38 weeks of the year (which equates to 15 hours per week).
The pupil premium and children adopted from
care in
local authority funded alternative provision From April 2015, all children in
local authority funded alternative provision (AP), who have been adopted from
care or who left
care under a special guardianship order or residence / child arrangements order, will also attract the Pupil Premium Plus, currently worth # 1,900 per pupil.