Councils face legal action over duties on placement of looked after children

The National Association of Fostering Providers has been given permission to proceed with a judicial review claim against three councils over their approach to the placement of looked after children.

The NAFP, a not-for-profit organisation which represents independent and voluntary sector fostering providers, is challenging Bristol City Council, Leeds City Council and Suffolk County Council over their compliance with section 22C(5) of the Children Act 1989.

This section requires local authorities to place looked after children in the “placement which is, in their opinion, the most appropriate placement available”.

The NAFP alleges that the local authorities have failed to adopt a ‘level playing field’ where placements are considered with both in-house and independent and voluntary sector providers.

The association argues that unless the councils consider both in-house and independent and voluntary sector providers at the same time when determining the placements of looked after children, they are failing in their duty to find “the most appropriate placement available”.

A judge recently concluded that the claimant had shown sufficient grounds to permit the claim to proceed to a substantive hearing. The case is due to be heard over two days in early November.

Emma Young and Cynyr Rhys of Anthony Collins are acting for the NAFP and have instructed Ian Wise QC and Stephen Broach of Monckton Chambers.

Rhys said: “Despite the defendants robustly defending our client’s application, we are pleased that the Court has granted permission thereby recognising that this is an issue that merits further judicial consideration.

“The defendants, together with other local authorities, exercise a fundamentally important duty under the Children Act 1989 which affects some of the most vulnerable children in society. Therefore it is crucial to ensure that the defendants are exercising their duty correctly”.

Harvey Gallagher, chief executive of NAFP, said: “We want to ensure that every child in care gets not just a good placement, but the placement that is right for them, the placement that can best meet their needs more than any other.

“Our concern is that the current placement finding processes used by many local authorities, including the defendants, is unlawful and means that children will be missing out and may not get the very best home we can offer them. This has to change so that we are able to do better for children in care and give them the best possible opportunity to thrive in a loving home.”