Who Is Considered a Looked-After Child?
A child becomes “looked after” when:
- They are subject to a Care Order under Section 31 of the Children Act 1989
- They are voluntarily accommodated under Section 20
- They are placed with foster carers, in a children’s home, or residential school on a full-time basis under local authority supervision
- They are unaccompanied asylum-seeking children (UASC) with no parental care in the UK
Section 20 vs Section 31: Key Differences
Legal Route
Section 20 (Voluntary)
Section 31 (Care Order)
Parental Responsibility
Retained by parent(s)
Shared between local authority and parents
Court involvement
No court order required
Requires family court decision
Ending the placement
Parent can withdraw consent
Only court can end or vary the order
Common uses
Temporary crisis, respite, UASC
Long-term safeguarding concerns
Section 20 vs Section 31: Key Differences
Legal Route
Parental Responsibility
Section 20 (Voluntary)
Retained by parent(s)
Section 31 (Care Order)
Shared between local authority and parents
Legal Route
Court involvement
Section 20 (Voluntary)
No court order required
Section 31 (Care Order)
Requires family court decision
Legal Route
Ending the placement
Section 20 (Voluntary)
Parent can withdraw consent
Section 31 (Care Order)
Only court can end or vary the order
Legal Route
Common uses
Section 20 (Voluntary)
Temporary crisis, respite, UASC
Section 31 (Care Order)
Long-term safeguarding concerns
Implication for Homes: Always confirm legal status and who holds Parental Responsibility (PR) to guide consent, contact, and planning.
Legal Protections for Looked-After Children
Once a child is looked after, the local authority must:
- Develop and review a Care Plan, including a Personal Education Plan (PEP)
- Assign an Independent Reviewing Officer (IRO)
- Ensure health assessments and emotional support are provided
- Monitor the child’s progress and safety through statutory reviews
Children’s homes are active contributors to this process, providing reports, attending reviews, and flagging safeguarding or developmental concerns.
LAC Reviews and Multi-Agency Working
LAC reviews are held at:
- Within 20 working days of placement
- Within 3 months of the first review
- Every 6 months thereafter (or sooner if required)
Professionals in residential care:
- Share written reports and behaviour insights
- Attend reviews with the child (where appropriate)
- Work in collaboration with the social worker, IRO, school, and therapist
- Help ensure the child’s voice and wishes are heard and considered
Why the LAC Designation Matters in Residential Care
Children’s homes are not simply placements, they are legally regulated environments with a duty to:
- Promote the child’s welfare and development
- Deliver care in accordance with their Care Plan
- Monitor risks and safeguard proactively
- Advocate for the child where systems fall short
Every child in a Welcare home is treated with the full recognition of their LAC status — not just as a label, but as a framework for rights, support, and safety.