Legal duties

Local authorities have several duties towards children within their area which are related to the Sufficiency Duty. In particular: 

• Section 17(1) of the 1989 Act provides that it is the general duty of a local authority to provide a range and level of services to children in need (as defined in section 17(10) of the 1989 Act) and their families in the local area which are appropriate to their needs. 
• Section 20 of that Act requires local authorities to provide accommodation for children in need within their area who appear to them to require accommodation in accordance with the provisions of that section. 
• Section 21 requires a local authority to accommodate certain children who are either removed or kept away from home under Part V of the 1989 Act or who are subject to a criminal court order. 

When determining the most appropriate home for a child, section 22C(7)(a) also requires the local authority to give preference to a home with a relative, friend or other person connected with the child and who is also a local authority foster parent. 

Section 22C sets out the additional factors (in no order of priority) which the local authority must take into consideration when deciding the most appropriate choice: 

• Allowing the child to live near his/her home.
• Not disrupting the child’s education or training.
• Enabling the child and their cared for sibling to live together.
• Meeting the needs of disabled children.
• Providing accommodation within the local authority’s area, unless that is not reasonably practicable. 

The Children and Social Work Act 2017, extends the duties on all Local Authorities (including District and Borough Councils) to have regard to a set of Corporate Parenting Principles when exercising their functions in relation to looked after children and care leavers up on the age of 25. Cumberland’s Corporate Parenting Board plan has recently been reviewed to ensure there is a strong link between its role and level of scrutiny in the delivery of the Sufficiency Strategy and its delivery plan.