Case No. Case-No.-CO-5942-2017

(1) Every local authority shall provide accommodation for any child in need within their area who appears to them to require accommodation as a result of – (a) there being no person who has parental responsibility for him (b) his being lost or having been abandoned or (c) the person who has been caring for him being prevented (whether or no permanently, and for whatever reason) from providing him with suitable accommodation and care . . . (3) Every local authority shall provide accommodation for any child in need within their area who has reached the age of sixteen and whose welfare the authority consider is likely to be seriously prejudiced if they do not provide him with accommodation. (4) A local authority may provide accommodation for any child within their area (even though a person who has parental responsibility for him is able to provide him with accommodation) if they consider to do so would safeguard or promote the child’s welfare. (5) A local authority may provide accommodation for any person who has reached the age of 16 but is under twenty – one in any community home which takes children who have reached the age of sixteen if they consider that to do so would safeguard or promote his welfare. (6) Before providing accommodation under this section a local authority shall, so far as is reasonably practicable and consistent with the child’s welfare- (a) ascertain the child’s wishes and feelings regarding the provision of accommodation; and (b) give due consideration (having regard to his age and understanding) to such wishes [and feelings] of the child as they have been able to ascertain. (7) A local authority may not provide accommodation under this section for any child if any person who (a) has parental responsibility for him; and (b) is willing and able to - (i) provide accommodation for him; or (ii) arrange for any accommodation to be provided for him, objects . . .” (In this case K’s uncle, U, did not have parental responsibility for him.) 18. If a child is provided with accommodation, under s. 20 he or she falls within the definition of a “looked after child” within s.22 of the 1989 Act: “ 22.— General duty of