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

[2016] EWHC 937 (Admin) at [17] and [18]. 23.Further, the duty under s. 20 should be read in the light of the general duty under s. 11 of the Children Act 2004 which requires local authorities to make arrangements to ensure that:24. When the s. 20 duty arises, s. 22C applies and in this case, s. 22C(5) and (6)(d) applied since U was not a local authority foster parent nor was he proposed to be one: “ 22C Ways in which looked after children are to be accommodated and maintained (1) This section applies where a local authority are looking after a child (“C”). … (5) If the local authority are unable to make arrangements under subsection (2), they must place C in the placement which is, in their opinion, the most appropriate placement available. (6) In subsection (5) “placement” means— … (d) subject to section 22D, placement in accordance with other arrangements which comply with any regulations made for the purposes of this section.”25. Since the Council now accepts that a s. 20 duty arose on 1 August 2017, but submit that the duty (and K’s status as a looked after child) ended with its arrangement in October 2017 to place the cousins back with their uncle, it is necessary to have regard to s. 22D: “22D Review of child's case before making alternative arrangements for accommodation (1) Where a local authority are providing accommodation for a child (“C”) other than by arrangements under section 22C(6)(d), they must not make such arrangements for C unless they have decided to do so in consequence of a review of C's case carried out in accordance with regulations made under section 26. 26.The relevant regulations made under s. 26 are the Care Planning Placement and Case Review (England) Regulations 2010 (SI 2010/959). Reg. 27 sets out the general duties when placing a child under “other arrangements” (other than e.g. with a parent or fostering), which was applicable here, including informing the independent reviewing officer and having regard to the matters set out in Schedule 6. These included, applicable here, under para. 1, the facilities and services provided and, under para. 2 -“C's -(a) views about the accommodation,(b) understanding of their rights and responsibilities in relation to the accommodation27.Part 7 of the 2010 Regulations sets out the arrangements made by the responsible authority for ceasing to look after a child. Where a child is to leave care, other duties are imposed on local authorities. These include at reg. 39: “39.— Arrangements to be made when the responsible authority is considering ceasing to look after C(1) This regulation applies where the responsible authority are considering ceasing to look after C.(2) Before deciding to cease to look after C the responsible authority must—(a) carry out an assessment of the suitability of the proposed arrangements for C's accommodation and maintenance when C ceases to be looked after by them,(b) carry out an assessment of the services and support that C and, where applicable P, might need when the responsible authority ceases to look after C,(c) ensure that C's wishes and feelings have been ascertained and given due consideration, and(d) consider whether, in all the circumstances and taking into account any services or support the responsible authority intend to provide, that ceasing to look after C will safeguard and promote C's welfare.(3) The responsible authority must include in C's care plan (or where regulation 47B(4) applies, the detention placement plan) details of the advice, assistance and support that the responsible authority intend to provide for C when C ceases to be looked after by them.(4) Subject to paragraph (5), where C has been a looked after child for at least 20 working days, any decision to cease to look after C must not be put into effect until it has been approved by a nominated officer.(5) In any case where C is aged 16 or 17 and is not in the care of the local authority, the decision to cease to look after C must not be put into effect until it has been approved by the responsible authority's director of children's services.(6) Before approving a decision under paragraph (4) or (5), the nominated officer or director of children's services must be satisfied that—(a) the requirements of regulation 9(1)(b)(i) have been complied with,(b) ceasing to look after C will safeguard and promote C's welfare,(c) the support the responsible authority intend to provide will safeguard and promote C's welfare,(d) C's relatives have been consulted, where appropriate,(e) the IRO has been consulted, and(f) where appropriate, regulations 40 to 43 have been complied with.”28.These requirements are reinforced by statutory guidance The Children Act 1989 guidance and regulations, Volume 2: care planning, placement and case review (June 2015) which includes guidance in Section 5 Ceasing to look after a child. This states at 5.6:“Where the plan is for a child to return to the care of their family when they cease to be looked-after, there should be a robust planning and decision making process to ensure that this decision is in the best interests of the child and will safeguard and promote their welfare [regulation 39].”29.It is unnecessary to consider the requirements in further detail because the Council accepts that it did not apply or comply with them. At that time the Council was still contending that s. 20 did not apply.30. Further duties may arise under s. 23C of the 1989 Act, which provides: “23C –