Looked After Child

Around 80,000 children in England are 'looked after' at any time. The LAC status engages specific protections: care plans, regular reviews, independent reviewing officers (IRO), advocacy services, leaving care support (Children Leaving Care Act 2000 — Pathway Plans, personal advisers up to 25). Long-term LAC outcomes (education, mental health, employment, criminal justice) are significantly worse than for the general population — concern recognised through the corporate parenting principles introduced by the Children and Social Work Act 2017 and ongoing reform programmes.

In practice, the route into care matters enormously for what parents can and cannot do. Section 20 accommodation is voluntary: a parent with parental responsibility consents, retains full parental responsibility, and can remove the child at any time, because there is no court order behind it. A care order under section 31 is different — the local authority acquires parental responsibility, shares it with the parents, and can determine the extent to which the parents may exercise theirs. Local authorities sometimes present section 20 as though refusal were not an option; it is.

Worked example: a 13-year-old is accommodated under section 20 after a family breakdown. Because she is looked after, she is entitled to a care plan, a named social worker, an independent reviewing officer, and reviews within statutory timescales — the first within 20 working days, the second within three months, and then at least every six months. Her school must have a designated teacher and a personal education plan, and she qualifies for pupil premium plus. As she approaches 18 she becomes an eligible child, entitled to a pathway plan and a personal adviser, and she can request that support up to the age of 25 if she is in education or training. She is also entitled to an independent advocate to help her raise concerns.

The misconceptions are worth correcting. Being looked after is not the same as being adopted, and it does not sever parental responsibility. Children in care have the right to be consulted about decisions affecting them, and their wishes must be recorded even when they are not followed. A placement move should not happen without the care plan being reviewed. And leaving care support is a legal entitlement rather than a discretionary service, so a refusal can be challenged through the complaints process and then the Local Government and Social Care Ombudsman.

The status comes from the Children Act 1989, is overseen in proceedings by Cafcass and the children's guardian, and changes how parental responsibility is exercised. Read our guides to care proceedings and parental responsibility.