Question to the Department for Education:

To ask the Secretary of State for Education, which local authority is responsible for children's care when they are relocated to a privately run children's home by a local authority.

The local authority which has responsibility to provide services for a looked after child will be the authority within which the child is when the responsibility arises, for example when they are subject to a Section 20 or Care Order. This duty remains in place when a child is placed in a privately run children’s home, even if this home is located outside of the local authority.

Under Section 22G of the Children Act 1989, local authorities have a duty to ensure that they provide accommodation that meets children’s needs and is within the authority’s area. The decision to place a looked after child outside the area of the responsible authority (including a placement outside England) must not be put into effect until it has been approved by a nominated officer, and, if the placement is at a distance, the director of children’s services. The responsible authority must notify the authority area of the child’s placement, but responsibility for the child remains with the placing local authority.