Question to the Department for Education:

To ask Her Majesty's Government whether, when a minister personally directs a school to accept a looked-after child from outside its area, the minister accepts liability for that child's safety and welfare should they be placed in danger.

The Education and Skills Funding Agency does not have a role in care planning for looked-after children. Care planning, including any decision to place a child in a distant placement, is the responsibility of the local authority, who have a statutory duty to ensure that the placement is the most appropriate way to safeguard and promote the child’s welfare. We have made it a requirement for Directors of Children’s Services to approve all placements outside of the local authority boundary.

Guidance on the use of direction in relation to looked-after children is set out in paragraphs 3.19 and 3.20 of the School Admissions Code, attached. When placing looked-after children, we would expect, in most cases, for local authorities and academies to reach an agreement between themselves. A request for my right hon. Friend, the Secretary of State, to direct an academy to admit a child should be a last resort.

As the corporate parent, the local authority remains responsible for ensuring that the child’s safety and welfare are safeguarded. Children should never be placed in a situation that compromises their safety. Schools have a responsibility to promote and safeguard the welfare of all children in their care, regardless of whether or not they are looked-after.