Looked after children

The term ‘Looked After Children’ is generally used to mean those looked after by the state, according to relevant national legislation which differs between England, Northern Ireland, Scotland and Wales. A child is ‘Looked After’ if they are in the care of the Local Authority for more than 24 hours. ‘Looked After Children’ fall into four main groups:

  • Section 20 - Children who are accommodated under voluntary agreement with their parents or young people who have signed themselves into care
  • Section 31 and 38 - Children who are the subject of a Full or an Interim Care Order
  • Section 44 and 46 - Children who are the subject of Emergency Orders for their protection
  • Section 21 - Children who are compulsorily accommodated. This includes children who are remanded to the Local Authority or subject to a criminal justice Supervision Order with a residence requirement

The term also includes:

  • Unaccompanied asylum-seeking children
  • Children in placements with family members including biological parents
  • Those children where the Local Authority holds a Placement Order and/or children are in pre-adoptive placements

It does not include those children who have been permanently adopted, are subject to a Special Guardianship Order, Child Arrangement Order or who are privately fostered.

The corporate parenting responsibilities of Local Authorities include having a duty under section 22(3)(a) of the Children Act 1989, to safeguard and promote the welfare of the children in their care, including eligible children and those placed for adoption, regardless of whether they are placed in or out of the authority or the type of placement. This includes the promotion of the child’s physical, emotional and mental health and acting on any early signs of health issues.

NHS Cheshire and Merseyside is the Responsible Commissioner of health care for Looked After Children and Care Leavers who are in the care of our 9 local authorities. We have a statutory role and responsibility, under section 10 of the Children Act 2004, to ensure the timely and effective delivery of health services to Looked-after Children and Care Leavers.

Designated Doctors and Designated Nurses for Looked After Children and Care Leavers are employed as strategic leads to advise and assist NHS Cheshire and Merseyside in fulfilling their responsibilities to improve the health of looked-after children and care leavers. They also provide assurance to the Commissioners of the effectiveness and compliance with Statutory Guidance (2015) by monitoring and reporting on the provision of health services for this vulnerable group of children and young people to ensure their effectiveness and compliance with statutory guidance.